When you’ve been in a car accident, you expect the claims process to move quickly so you can receive the compensation you deserve in a timely manner. Unfortunately, many things can delay your car accident claim, leaving you waiting for financial relief while medical bills and other expenses pile up.
If your claim is taking longer than expected, understanding the reasons behind these delays can help you manage expectations and take proactive steps.
Read on to learn the common factors that can slow down the resolution of your claim and what you and your Louisiana car accident lawyer can do to keep the process moving forward.
Waiting To Assess the Full Extent of Your Injuries
A primary cause of delays in car accident claims is the time required to assess your injuries and determine your future medical needs. Insurance companies will not settle a claim until they clearly understand the full extent of your injuries and how they will impact your life in the long term.
- Some injuries, such as traumatic brain injuries (TBI), spinal damage, or chronic pain conditions, may not show their full effects immediately.
- If you accept a settlement too soon, you may underestimate your long-term medical expenses, leaving you without the financial support you need for ongoing care.
- Doctors may need several months to determine when you’ve reached Maximum Medical Improvement and whether your injuries will result in permanent disability or long-term complications.
While this waiting period can be frustrating, it is crucial to ensure you receive the maximum compensation necessary to cover all future medical treatments.
Disputes Over Who Is at Fault
Another major cause of claim delays is disagreements over liability. If the insurance company or the other driver disputes who was at fault for the accident, it can prolong the claims process.
- Insurance companies typically investigate the accident, including reviewing police reports, speaking with witnesses, and analyzing traffic camera footage.
- The insurance company may delay or deny the claim if there are conflicting witness statements or insufficient evidence.
- In some cases, the at-fault driver may try to shift blame onto you to reduce their liability, further complicating the claim process.
Working with an experienced Louisiana car accident lawyer can help speed up the investigation. Your legal team can gather solid evidence, obtain expert testimony if needed, and present a strong case on your behalf.
Intentional Delays by the Insurance Company
Insurance companies prioritize their profits and may use stalling tactics to delay paying out claims. They do this in hopes that injury victims will become frustrated or financially desperate and give up on their claim. Some of their common tactics include:
- Requesting excessive documentation to prolong the process unnecessarily.
- Delaying communication by taking longer than necessary to respond to inquiries.
- Disputing medical treatments, claiming they are unnecessary or unrelated to the accident.
- Making lowball offers, forcing victims to negotiate multiple times before receiving a fair settlement.
If you suspect the insurance company is deliberately delaying your claim, consult a qualified car accident lawyer to help you fight back and demand timely action. An attorney can apply legal pressure, hold the insurance company accountable, and push for a fair resolution without unnecessary delays.
Incomplete or Incorrect Paperwork
Any errors or missing information in your claim paperwork can lead to delays in processing. Common issues include:
- Missing or incomplete medical records.
- Incorrect personal information (such as name misspellings or incorrect policy numbers).
- Failure to provide sufficient documentation of damages, such as medical expenses, lost wages, and vehicle repair estimates.
To avoid administrative delays, make sure all forms, statements, and medical records are complete and accurate before submitting them. Work with your car accident lawyer to ensure all paperwork is handled correctly and submitted on time.
Going to Trial Instead of Settling
While around 75% of personal injury claims, like car accident cases, are resolved through settlement negotiations, some cases require a lawsuit, which can extend the timeline. Reasons for going to trial include:
- The insurance company refuses to offer a fair settlement.
- There are serious disputes over liability or multiple parties involved.
- The insurer unfairly denies the claim.
Lawsuits involve court proceedings, depositions, and trial preparation, all of which take time. However, sometimes filing a lawsuit can push the insurance company to settle, especially if they realize they are likely to lose in court. Having a skilled car accident attorney on your side helps prepare you for litigation if necessary.
How a Louisiana Car Accident Lawyer Can Help Prevent Delays
The legal team at Dudley DeBosier Injury Lawyers understands how frustrating delays in your car accident claim can be. Our experienced attorneys can gather evidence to support your claim and submit accurate paperwork to avoid administrative setbacks.
We can also aggressively negotiate with the insurance company to prevent unnecessary delays and, if needed, file a lawsuit to help you receive a fair settlement.
If you’re experiencing delays in your car accident claim, don’t wait. Contact us today for a free consultation, and let us help you resolve your claim.
Disclaimer: This content has been reviewed by Chad Lederman, Director of Legal Operations at our New Orleans office.