After an accident in New York, talking with your insurance company is part of the formal process. As such, most people expect the negotiations to be reasonable and straightforward. However, to the dismay of most victims, that is not always the case. Days can turn into weeks and weeks into months. What many people don’t realize is that these delays are far from accidental. Insurance companies have a financial incentive to stall your claim, and they have plenty of tricks up their sleeves to do just that.
As your accident lawyer in New York, Alex Yadgarov & Associates deal with insurance companies on a regular basis and are very familiar with their bag of tricks. In this post, we’ll look into some of the most common stalling tactics and how you can effectively respond and protect your claim.
Why Do Insurance Companies Delay Car Accident Claims in NYC?
Insurance companies can sometimes delay settlements for legitimate reasons. Reasons include investigating liability, verifying coverage, or reviewing medical records. When that happens, it’s best to let the investigation run its course.
However, not all delays are justified. Sometimes insurance companies can deliberately stall your claim by dragging out negotiations, disputing liability, and requesting for additional and unnecessary documentation. The goal is to pressure the victim to accept a settlement which is less than what their claim is most likely worth.
Common Reasons Insurance Companies Stall Car Accident Claims
Understanding what is most likely to cause insurance companies to stall your car accident claim is the first step to protect your claim and strategically respond to them. The most common reasons include the following:
- Investigating the cause of the accident and disputing liability
- Waiting for medical treatments to conclude
- Requesting additional medical records
- Reviewing pre-existing medical conditions
- Reviewing property damage estimates
- Disputing the seriousness of the injuries
- Incomplete documentation
- Adjusters seeking recorded statements from victims
Warning Signs Your Insurance Claim May Be Unnecessarily Delayed
While not every delay is a red flag, there are telltale signs that your insurer is stalling purposefully, stymying your claim. Some of the early warning signs that your insurance claim may be unnecessarily delayed include the following:
- Repeated requests for the same documents—If the insurer keeps asking for the same documents repeatedly, it can be a sign of a deliberate delay strategy rather than administrative error.
- Long periods without updates—Extended silences without meaningful communication can be a sign that your claim is not being actively worked on.
- Difficulty reaching your adjuster – If calls go unreturned and emails go without response, it may be intentional rather than unintentional.
- Constant reassignment of adjusters—When new adjusters are appointed, you will be forced to repeat your account, resubmit documents, and rebuild communications from scratch. Having to restart from the beginning can eat away at a lot of time.
- Repeated postponement of settlement discussions—The company may be testing your patience and resolve instead of engaging in proper negotiations in good faith.
How Should You Respond If Your Insurance Claim Is Being Delayed?
If you suspect that your insurance claim is being unjustly delayed, here are some steps you can take to protect your position and get the compensation you deserve. Here are some practical steps we recommend you take:
- Keep copies of all your correspondence with the insurance company—Establishing a paper trail can help show bad faith on the part of the insurer.
- Quickly respond to document requests—When there is a reasonable documentation request, quickly respond to it. Otherwise, the delay will be on your part.
- Maintain detailed medical records—Insurance adjusters often dispute the severity of injuries. They also use gaps in treatment to justify a lower settlement. Proper medical records can effectively counter all these tactics.
- Request written explanations for delays—When you ask the insurer to provide reasons, it creates accountability, and it helps you determine whether the justification is legitimate or pretextual.
- Continue with your medical treatments—While the insurance process runs its course, keep up with all your medical treatment programs. Make sure that the adjuster cannot use a gap in your treatment against you.
- Consult an accident lawyer in NYC—If you have your suspicions that the delay is unreasonable and want to even the playing field, start applying legal pressure through your attorney.
Conclusion
Claiming compensation following a car accident in New York requires you to go through New York’s insurance scheme. However, sometimes, the settlement process can face delays. While some delays are unavoidable and justifiable, others are the result of bad faith by insurance companies. The delay tactics are designed to wear you down, create doubt, and get you to accept a lower settlement.The good news is that many of these delay tactics lose their power when you identify, and effectively respond to them.
If you feel like your claim isn’t getting the attention it deserves, it’s time to give Alex Yadgarov & Associates a call. As the best car accident lawyer in NYC, we know insurance delay tactics like the back of our hand, and how to respond to them. Schedule a free consultation with us and we help you get the compensation you deserve.