Car accidents can be traumatizing experiences, and dealing with insurance companies later can further add to the stress. While insurance is supposed to provide peace of mind, many policyholders find themselves in a quandary when their insurance company stalls or acts in bad faith. If you’re wondering, “What to do if my insurance company is stalling?” you’re not alone.
In this article, we will provide you with a roadmap on how to navigate through insurance claims in car accident cases when your insurance company is stalling.
Understanding the Claims Process
To tackle this issue effectively, it’s essential to understand the claims process. When you’re involved in a car accident, you need to report it to your insurance company, as well as the other party’s insurance company, if the accident was their fault. Here are the key steps to follow:
Accident Report: After the accident, ensure that an accident report is filed. This report can be crucial for your claim.
Medical Report: Seek immediate medical treatment if you are injured. Ensure that you keep thorough medical records, as they are essential for personal injury claims.
Contact Your Insurance Company: Report the accident to your insurance company. They may require a statement from you. Be honest and provide all necessary information.
Insurance Adjuster: You’ll likely be assigned an insurance adjuster who will investigate your claim.
Documentation: Provide all the necessary documentation requested by your insurance company. This can include accident reports, medical records, and more.
Contact the Other Party’s Insurance: If the accident wasn’t your fault, contact the other party’s insurance company and start the claims process with them as well.
Insurance Company Delays: If your insurance company starts stalling or acting in bad faith, follow the roadmap below.
Dealing with Stalling Tactics
Is your own insurance company stalling? It can be incredibly frustrating, but you have options. Here’s what to do:
Keep Detailed Notes:
From the moment you notice your insurance company is stalling, document all interactions, including dates, times, and the content of phone calls and emails.
Demand an Explanation:
Politely but firmly request an explanation for the delay in writing. This can help you understand the reasons behind the stalling tactics.
Consult an Attorney:
If the delays persist, consult with a personal injury attorney. They can provide valuable advice and assistance in dealing with insurance companies.
Save Money and Receipts:
While you are waiting for your claim to be processed, make sure to keep track of any expenses related to the accident. Your insurance company may be legally obligated to reimburse you for these costs.
Demand a Fair Settlement:
If you believe your insurance company is acting in bad faith, demand a fair settlement. Consult your attorney to draft a demand letter.
Insurance Bad Faith:
If you suspect bad faith on the part of your insurance company, you can file legitimate claims against your own insurance company. This legal action holds the insurance company accountable for its actions.
The Role of an Experienced Attorney
An experienced personal injury attorney can be your greatest ally when dealing with insurance company delays and stalling tactics. They can assist you in various ways, such as:
Reviewing Your Claim:
An attorney’s first step is to meticulously review your claim. This isn’t just a cursory glance; it’s a comprehensive assessment to ensure that you’ve provided all the necessary documentation to substantiate your case. This critical step involves checking every piece of evidence, medical records, accident reports, and other documents pertaining to your claim. The attorney’s keen eye can identify gaps or areas where additional documentation may be required, thus strengthening your position when dealing with the insurance company.
Negotiating with Insurance Adjusters:
One of the most significant advantages of having a personal injury lawyer by your side is their skill in negotiation. Insurance adjusters are professionals at negotiating settlements, and they often employ tactics to minimize payouts. Your attorney, on the other hand, is well-versed in the strategies and nuances of negotiation. They can engage in discussions with insurers to ensure you receive a fair and just settlement. Your attorney knows the worth of your claim and can adeptly navigate through the intricacies to secure the compensation you deserve.
Filing a Bad Faith Claim:
When an insurance company crosses the line and acts in bad faith, it’s essential to take action. It can encompass various behaviors, such as unjustified delays, unreasonable requests for additional statements, or arbitrary denial of valid claims. If you suspect your insurance company is acting in bad faith, your attorney can guide you through the complex process of filing a bad-faith claim.
Such claims hold the insurance company accountable for their actions and ensure that they face legal consequences. Your attorney will work diligently to gather evidence supporting your claim and will take the necessary steps to initiate the legal proceedings, including submitting a formal complaint and adhering to legal protocols.
Legal Representation:
In some instances, despite all efforts to negotiate, a resolution cannot be reached through discussion alone. When the impasse remains, legal action may become necessary. In such cases, your personal injury lawyer can offer legal representation needed to advocate for your rights in court.
Throughout the legal proceedings, your attorney will work tirelessly to build a strong case on your behalf, presenting evidence, expert testimony, and well-constructed arguments that support your claim. They will ensure that your case is presented in the best possible light, adhering to all legal processes and timelines.
Legal representation from an experienced attorney is your assurance that your rights are protected and that you have a dedicated advocate to pursue the compensation you deserve.
Protecting Yourself against Delay Tactics
Insurance companies sometimes employ delay tactics to avoid paying claims promptly. Here are some tips to protect yourself against these tactics:
Know Your Policy: Understand the terms of your insurance policy. This knowledge will help you identify any discrepancies in how your claim is being handled.
Do Your Due Diligence: Promptly provide all the necessary documents and information. Be proactive in responding to your insurance company’s requests.
Don’t Settle for Less: Insurance companies may offer a quick, low settlement to save money. Consult your attorney before accepting any settlement.
Additional Statements: Be cautious when providing additional statements. It’s advisable to consult your attorney before doing so.
Evidence Supporting Your Claim: Collect and preserve any evidence that supports your claim. This can include photos, witness statements, and any other relevant documents.
Stay in Good Faith: Maintain open and honest communication with your insurance company. This will help avoid any allegations of bad faith on your part.
Contact BLG for Nevada’s Finest Car Accident Lawyers
Dealing with insurance companies that stall can be challenging, but you don’t have to navigate this road alone. By following the roadmap outlined above, seeking the assistance of an experienced attorney, and arming yourself with the knowledge of your policy and rights, you can ensure that your valid claim is handled in a timely manner.
If you’re experiencing issues with your insurance claim, reach out to a Nevada-based law firm for a free consultation. They can help you determine the best course of action, whether it’s negotiating with your insurer or pursuing legal action against insurance company delays and bad faith.
At Bourassa Law Group, we have a team of experienced personal injury attorneys who are dedicated to helping accident victims like you. Don’t let insurance company stall tactics stand in the way of your rightful compensation. Contact us today to discuss your case and get the support you need to navigate the complex world of insurance claims in car accident cases.
1-800-870-8910