If you've been in a car accident, the last thing you need is for your insurance company to stall on your payment. If you've already gotten work done on your vehicle or seen doctors for injuries, you'll have bills coming in that need to be paid. While insurance companies are required by law to handle claims within a reasonable timeframe, some may stall in hopes you will take a lowball settlement or miss the window to file a lawsuit. If you suspect your insurance company is stalling, there are several steps you can take to get them moving faster.
What You'll Learn
Recognise signs of stalling
There are several signs that may indicate your insurance company is stalling. It is important to be vigilant and aware of these tactics so that you can take appropriate action. Here are some common signs that your insurance company may be stalling:
- Requesting evidence and documents one at a time: If the insurance adjuster is asking for evidence and documents piecemeal, this could be a deliberate tactic to keep you busy and wear you out.
- Asking for irrelevant information: If the insurance company is requesting evidence or documentation that does not seem relevant to your claim, this could be another stalling tactic.
- Switching adjusters repeatedly: Be cautious if your insurance company switches adjusters on your claim multiple times. This could be an attempt to confuse the issue and miss important details, potentially leading to a lower settlement offer.
- Unreasonably low offers: Insurance companies may make lowball offers, requiring more back-and-forth and drawing out the claim process. This can be a sign of bad faith.
- Lack of communication: If the insurance company is not responding to your contacts in a timely manner, it may be stalling strategically. While this could be due to a busy adjuster, a pattern of delayed responses over an extended period is a cause for concern.
- Delaying communication: An insurance adjuster may intentionally delay responding to your questions or providing updates on your claim's status, leaving you frustrated and uncertain.
- Questioning liability: Insurance companies may dispute liability, even in clear-cut cases, leading to prolonged investigations and further delays.
- Statute of limitations expiring: Insurance companies may stall in hopes that your statute of limitations will expire, giving them a reason to deny your claim.
- Requesting unnecessary documentation: Insurers may repeatedly ask for additional documentation, even after you've provided all the necessary information, creating unnecessary delays.
If you suspect your insurance company is stalling, it is important to take proactive steps, such as contacting them regularly, documenting all communication, and seeking legal assistance if needed.
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Ask for a complete list of required documents
If an insurance company is stalling, it is important to ask for a complete list of documents and information needed to fully evaluate your claims. This will prevent them from stalling by requesting additional paperwork one document at a time. It is also a good idea to keep physical copies of all evidence that can support your claim.
If you are unsure of what documents are required, you can ask the insurance company for a list of everything they need. This will help to streamline the process and ensure that you are providing all the necessary information. It is also a good idea to keep your own records of all communication with the insurance company, including phone calls, emails, and letters. Note the dates, times, and names of the insurance adjusters you speak with. This will help you keep track of the information you have already provided and when you provided it.
Additionally, it is important to follow up with the insurance company regularly to check on the status of your claim and to see if they need any additional information from you. It is also a good idea to ask them about the timeline for processing your claim and when you can expect to receive a decision or payment.
If the insurance company is still stalling and you have provided all the requested information, you may need to take additional steps such as contacting a lawyer or filing a complaint with the appropriate authorities.
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Document all communication
Documenting all communication is a critical step when dealing with a stalling insurance company. Here are some detailed instructions on how to do this effectively:
- Keep a Detailed Record: Ensure you document all interactions with the insurance company, including phone calls, emails, and letters. Note the dates, times, and names of the insurance adjusters or representatives you speak with. Maintaining a detailed record will help you reference specific conversations and serve as valuable evidence if you need to escalate your claim or take legal action.
- Prefer Written Communication: While phone calls are common, it is advisable to prioritize written communication, such as emails or letters. Text messages can also be used if necessary. Written communication creates a clear paper trail, making it more challenging for the insurance company to deny or misrepresent the content of your discussions.
- Follow Up Regularly: Stay in frequent contact with the insurance company to check on the status of your claim. Ask if they require any additional information and inquire about any delays. This demonstrates your diligence and can help prevent further stalling.
- Keep Important Documents: Retain all relevant documents, including medical records, repair estimates, witness information, and correspondence with the insurance company. This ensures you have easy access to supporting documentation if needed.
- Seek Legal Assistance: If you feel the insurance company is stalling or acting in bad faith, consider consulting an experienced attorney. They can guide you on specific strategies for documenting communication and help protect your rights throughout the claims process.
Remember, documenting all communication is a crucial step in holding the insurance company accountable and ensuring your claim is handled fairly. It provides evidence of their actions and can be used to support any legal action you may need to take.
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Submit a formal demand letter
If an insurance company is stalling on your claim, you can submit a formal demand letter to pressure them to take your claim more seriously and respond in a timely manner. This letter should outline the details of the accident, your injuries, and the compensation you are seeking. Be sure to include supporting documentation, such as medical records and repair estimates.
- Begin the letter by stating the purpose of your letter and providing an overview of the accident, including the date, time, location, and a brief description of what happened.
- Describe your injuries and medical treatment in detail. Include information about the extent of your injuries, the medical care you have received, and any ongoing or future treatment you may need.
- Outline the financial losses you have incurred as a result of the accident. This includes medical expenses, repair costs, lost wages due to missed work, and any other related expenses. Provide itemized receipts or invoices to support these amounts.
- Explain how the accident has impacted your life. For example, mention any pain and suffering, emotional distress, loss of enjoyment of life, or other non-economic damages you have experienced.
- Clearly state the amount of compensation you are demanding and provide a breakdown of how you calculated this amount. You can include any applicable insurance policy limits or legal statutes that support your demand.
- Include any relevant documents or evidence that support your claim and the amount of compensation you are seeking. This can include medical records, repair estimates, police reports, witness statements, or any other relevant information.
- Provide a deadline by which you expect a response from the insurance company and inform them of your next steps if your demands are not met. For example, you can state that you will be pursuing legal action if they fail to respond by the given deadline.
Remember to keep a copy of the demand letter and any supporting documentation for your records. Sending the demand letter via certified mail or with delivery confirmation will also help ensure that you have proof of receipt by the insurance company.
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File a complaint with the relevant office
If your insurance company is stalling, you can file a complaint with the relevant office. In Georgia, this is the Office of the Commissioner of Insurance and Safety Fire. This government agency can investigate your complaint to ensure the insurance company is acting in good faith.
Each state has an insurance commissioner and a process to report bad insurance company conduct, such as stalling. If there is ample evidence of bad faith, you can report the issue to the insurance commissioner. This can result in a quick response from the insurance company. However, this should only be done if the insurance company is engaging in serious stalling tactics without good reason.
Before filing a complaint, it's important to determine if the insurance company is actually stalling. Some signs of stalling include requesting evidence and documents one at a time, asking for irrelevant information, and repeatedly switching adjusters. If you notice these red flags, it's likely that the insurance company is intentionally stalling your claim.
It's also important to understand the reasons why insurance companies stall. In some cases, it may be due to an overwhelmed adjuster or a lack of resources. However, insurance companies may also stall as a business strategy, hoping that you will settle for a lower payout or miss the statute of limitations deadline. Recognizing these tactics can help you take appropriate action.
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Frequently asked questions
Some signs that an auto insurance company is stalling include asking for documents one at a time instead of all at once, continuously asking for more unnecessary paperwork and documentation, and delaying communication by not responding to your attempts to contact them.
If an auto insurance company is stalling, you can ask the insurer for a complete list of documents and information needed to fully evaluate your claim, keep physical copies of all evidence that can support your claim, follow up with the insurance company regularly, and put all your communications with the insurance company in writing.
Bad faith insurance is when an insurer breaches its obligations to its clients, such as by refusing to pay a legitimate claim or taking too long to investigate and process a claim.