Insurance delay does not feel like a tactic when it lands in your lap. It feels like a second crash. The letters keep coming, each one asking for something new. The adjuster calls slow down, then stop. The rental expires. The co-pays stack up. You start to wonder whether the carrier is missing a document or waiting you out. Having spent years on both sides of a claims desk and in courtrooms where those delays finally meet daylight, I can tell you the pattern is familiar, and it is not accidental. A seasoned car accident lawyer recognizes delay as leverage, and counters it with process, pressure, and proof.
This piece is for anyone caught between recovery and resolution, trying to understand why a straightforward collision has turned into months of holding. I will walk through how delay looks in real files, why insurers use it, and what a diligent lawyer does to move a claim from limbo to a fair payout.
Why insurers stall, and why it works
Delay is cheap. Every month the insurer keeps the money in its accounts, it earns investment income. More time also increases the odds that evidence goes stale and claimants lose steam. Witnesses move, memory fades, vehicles get repaired without documentation, medical gaps open. Delay also exploits financial pressure. If a paycheck stopped for three weeks after a crash, a lump-sum offer that is 30 percent below value can start to look attractive.
Carriers rarely write “we are delaying your claim for strategic reasons.” Delay arrives dressed up as process: additional forms, repeated requests for the same records, “pending liability review,” or “we are awaiting a medical authorization.” Sometimes adjusters rotate, and each new person “needs time to get up to speed.” None of that is inherently improper. The difference between legitimate diligence and gamesmanship lies in frequency, substance, and timing.
A car accident lawyer knows those tells. We track dates. We compare the pace of your claim to internal standards and statutory deadlines. We isolate what is still needed to evaluate the claim and what is simply padding the calendar. With that, we choose the right lever.
The first 30 days: building momentum that resists delay
Delay is harder to deploy against a file that arrives organized and complete. The earliest weeks matter. A good lawyer uses that window to front-load proof and shrink the room for excuse.
We gather the essentials without waiting for the insurer to ask. Police report, scene photos, vehicle damage images from multiple angles, body shop estimates, paramedic reports, ER records, diagnostic films when available, follow-up notes, and a concise timeline of symptoms. If liability is clear on the report, we still secure witness statements before they evaporate. If the at-fault driver gave a vague story, we look for nearby cameras, intersection feeds, or vehicle telematics.
On the property damage side, we lock down the vehicle’s condition with high-resolution photos and a dated repair estimate. If the car is a total loss, we document pre-crash condition and options, and we pull comparable listings in your zip code, not three counties away. Rental and loss-of-use claims get tracked from day one. Every day lost because an adjuster “has not authorized” a rental is a day we can quantify in dollars.
Medical treatment is both proof and health. A lawyer cannot practice medicine, but we can protect the narrative of your injuries by encouraging continuity of care. Gaps in treatment are rocket fuel for delay. When weeks go by without visits, adjusters say “we need more time to see if the claimant reached maximum medical improvement.” If your doctor recommends physical therapy twice a week, skipping sessions hands the insurer an argument. We also make sure the billing office codes the visits correctly, so your records tell a coherent story.
By day 30, the file should read like a well-documented book. That does not guarantee prompt payment, but it removes the easiest reasons to dither.
Recognizing the greatest hits of delay tactics
After the first wave of paperwork, certain patterns show up again and again. Understanding them helps us cut them off or call them out.
- The endless authorization: The carrier already has a signed HIPAA release, yet asks for new versions or broader language that gives access to ten years of records. The goal is not clarity, it is fishing for unrelated history to discount your claim. We respond with tailored, time-bound authorizations or produce records ourselves on a rolling basis. The liability loop: Even in rear-end collisions, some carriers park files in “liability pending” for weeks while they “await the insured’s statement.” The insured may be dodging calls, or the adjuster may be waiting for a supervisor. We push with independent evidence: skid length, point-of-impact photos, crash report codes, and if needed, a short affidavit from you and any witness. When the facts are clear, we set a firm date for a liability decision in writing. The IME shuffle: For injury claims, carriers schedule “independent medical exams” with doctors who see a high volume of insurer work. Dates get set six weeks out. Then they reschedule. Meanwhile they claim they cannot evaluate your injuries without the IME. We document the scheduling history and, if the policy allows, insist on prompt dates or propose neutral specialists with sooner availability. If the IME report arrives with standard boilerplate cutting your treatment, we answer with your treater’s narrative report and objective findings. The valuation vacuum: An adjuster says they are “waiting on the computer valuation” for general damages. Colossus and similar programs weigh inputs you can influence: treatment length, diagnosis codes, documented limitations. We make sure your records contain those inputs and then, if the number comes back artificially low, we replace the vacuum with our analysis and verdict or settlement data for similar injuries in your venue. The supervisor queue: Files often vanish into a supposed review pile. Supervisors are busy, of course, but delays measured in weeks for routine authority requests usually reflect tight internal programs, not necessity. We escalate to management with a concise chronology and ask for the specific date of the authority meeting. If the date passes, we move to the next lever.
These tactics do not come out all at once. They layer. The antidote is a clear record, time stamps, and a willingness to escalate pressure while sounding reasonable.
The calendar is your friend: using deadlines that bite
Statutes and regulations set time frames that matter, though they vary by state. Many states require insurers to acknowledge a claim within a set number of days, usually 10 to 15. Others require a reasonable investigation to be completed within 30 to 45 days, or a written explanation if more time is needed. Some set deadlines for accepting or denying liability after proof of loss.
A car accident lawyer maps those rules onto your claim at the outset. We send a formal representation letter that triggers the acknowledgment clock. We mark the date the insurer receives a complete demand package. We request written reasons for any delay. Those letters are not just paper. They create a record if the file later requires a bad faith claim or regulatory complaint.
The most powerful deadline is the statute of limitations. In most states, injury claims carry a two or three year limit, but notice requirements for government entities and underinsured motorist claims can be much shorter. Carriers know that if they can keep you in negotiation without counsel until the last month, they can lower the offer and dare you to file. We never let a statute sneak up. If an offer does not match the proof, we file suit with time to spare and keep negotiating while discovery gets underway. Once a case number exists, delay costs the insurer in defense fees and exposure.
The demand package that resists delay
A thin demand invites a slow “we need more.” A substantive one forces a response. Over the years, I have tested different structures. The most effective demand for an injury claim keeps the narrative tight and the proof dense.
We start with a one page summary table that lists key dates, diagnoses, total medical charges, paid amounts, wage loss, property damage, and the demand figure. Then we tell the story of the crash and the injury in two to three pages, with short paragraphs and the right exhibits. That story matters. Adjusters are people. A claim that reads like a human life, not a stack of CPT codes, rises above the pile.
For injuries, we highlight objective findings: imaging that shows a disc protrusion, positive Spurling’s or straight leg raise tests, ligament tears on MRI, range-of-motion deficits measured over time. We quote your treating providers on functional limits. Not “pain 7 out of 10,” but “unable to lift more than 10 pounds for six weeks” or “missed two weeks of work, then limited to four-hour shifts for three weeks.” We include photos of bruising and swelling from the first days, not just glossy shots after a brace is off.
For wage loss, we attach employer verification. Self-employed? We use pre- and post-crash invoices, profit and loss statements, 1099s, or bank deposits to prove real loss, and we explain seasonal variations. Where an injury derails a planned contract, we include emails or proposals to anchor the projection. Adjusters respect controls and math, not guesses.
Finally, we set a response date: usually 20 days for modest claims, 30 for complex ones. We state that silence or non-substantive delay after that date will trigger suit. Then we mean it.
Countering the “medical mills” argument without bluster
One favorite way to pump the brakes is to dismiss your treatment as “excessive” or “from a chiropractor we see a lot.” The insinuation is that the clinic over-treated under a lien. Some clinics do pad. Many do not. The way to cut through is not indignation, it is data. We compare your course of care to typical timelines for similar injuries, cite conservative guidelines, and show improvement steps along the way. If therapy lasted 24 visits, we chart pain scores and function over those sessions. If chiropractic care ran 10 weeks with three visits per week early, tapering to one per week, we show the taper.
A car accident lawyer also knows when to ask your doctor for a short narrative. Two paragraphs can change a file. “In my opinion, the course of treatment was medically necessary due to [findings], the patient improved as expected, and the prognosis is [outlook]. The patient’s prior [issue] is not related because [reason].” car accident lawyer Not every provider has the time. We make it easy with a draft and a specific request.
When the property damage tail wags the dog
Adjusters sometimes slow injury payments by tying them to unresolved car damage. If the vehicle value is disputed, everything else idles. That is backwards. Personal injury claims live under separate coverage from property damage in most policies. We split the tracks. We press for an advance on the injury side when liability is clear, especially where medical bills and lost wages have created a crunch. In serious cases, we can demand a bi-weekly medical pay disbursement to keep treatment moving, if med pay coverage exists.
For total losses, a familiar delay is the “comparable vehicle” argument. The insurer supplies listings for base models from far away with high mileage. We counter with local comps, adjust for trim packages, and account for recent tires, maintenance, and aftermarket equipment. When carriers ignore the differences, we ask for the claim valuation method in writing and, if necessary, involve the state’s consumer affairs unit. Most adjusters will meet in the middle once they realize we will not let the valuation model sit untested.
Negotiation pressure without heat
The loudest letter is not the most effective. Adjusters answer reasoned pressure more than threats. A car accident lawyer builds credibility by doing what we say. If we set a response deadline, we follow it with the promised next step. If the carrier says a supervisor review will happen on Friday, we check in Monday morning, not three weeks later. We separate the person from the tactic. Many adjusters want to move files. Some are handcuffed by internal rules. We arm the adjuster who wants to say yes with the documentation their manager needs.
That said, we do not mistake courtesy for weakness. When the numbers do not reflect the risk, we pivot. Filing suit is not just a threat. It is often the only way to move a stuck case. Litigation introduces real calendars and consequences. Discovery gets scheduled. Depositions require attorney time. Defense counsel calls the adjuster to set reserves that reflect the true exposure. Settlement value rises because delay stops being free.
Using litigation to defeat delay
Once a case is filed, new tools open. We can subpoena records directly instead of waiting for the insurer to request them. We can depose the at-fault driver, the investigating officer, and key witnesses. We can serve requests for admission that force the defense to take positions. Judges set trial dates, and trial dates concentrate minds.
A common defense tactic is to slow-walk discovery responses. We counter with meet-and-confer letters that quote the rules and request dates certain. If deadlines pass, we file a motion to compel. Courts do not love discovery fights, but they dislike unjustified delay more. A precise motion, supported by the timeline, often results in an order with real deadlines and sometimes sanctions. That changes tone.
Expert work also accelerates resolution. If injuries are disputed, bringing in a neutral radiologist to read films or a biomechanical engineer to analyze forces can break the impasse. Expert disclosures create trial risk. Adjusters are paid to avoid surprises. When they see an expert list with credible names, they know the case has moved beyond adjuster control.
Litigation is not an automatic upgrade. It is expensive, and it takes time. We weigh it against the gap between the offer and fair value, your tolerance for the process, and any personal constraints like immigration concerns or health. Good lawyers do not reflexively file, we choose the forum that best serves the client’s goals.
Bad faith and regulatory pressure when needed
When delay crosses into unfair claims practices, we call it by its real name. Each state defines unfair conduct differently, but common examples include failing to acknowledge communications, not conducting a reasonable investigation, or failing to make a prompt and fair settlement when liability is reasonably clear. Documentation is everything. If we have a record of unanswered letters and missed deadlines, a focused complaint to the state insurance department can shake a file loose. Regulators do not adjudicate damages, but they can nudge carriers who are ignoring their obligations.
Bad faith lawsuits are a different animal. They require proof that the insurer acted unreasonably or without proper cause. Not every delay qualifies. When it does, the exposure can dwarf the value of the underlying claim, because bad faith can bring punitive damages or attorney’s fees. We do not threaten bad faith casually. We build it with evidence, and we file only when the facts justify it. The mere possibility, though, can influence internal discussions on the carrier’s side.
Practical choices clients can make to speed things up
Your own actions affect both the pace and the value of your claim. A car accident lawyer will handle the heavy lift, but there are everyday steps that make a measurable difference.
- Keep a simple claim journal. One page per week that notes pain levels, missed activities, work impact, and appointments. It refreshes memory and helps your providers chart progress. Photograph visible injuries every few days for the first month. Bruises and swelling change fast. Early photos counter later minimization. Channel communications through your lawyer once retained. Mixed messages or offhand comments to an adjuster can create confusion that costs weeks. Be consistent with treatment. Cancel only when necessary, and reschedule quickly. Each gap triggers review and, often, delay. Gather wage documents in real time. Pay stubs, time-off approvals, emails about missed shifts. Recreating a month later takes longer and looks less reliable.
These are small tasks, but they add friction to delay and traction to resolution.
The delicate cases: soft tissue injuries and low property damage
Not every claim involves dramatic damage photos or surgical records. Soft tissue cases with minimal bumper damage face the stiffest headwinds. Carriers rely on juror skepticism and the so-called MIST playbook: Minor Impact, Soft Tissue. The path here is narrower, but not closed.
We lean into objective signs: EMS reports that note cervical tenderness, early physician palpation notes, muscle spasm documented by a provider, range-of-motion limits measured with a goniometer, imaging that rules out more severe injury but supports the mechanism. We avoid overreaching. Demanding a large sum on a low-visible-damage case invites delay and refusal. Instead, we calibrate the number to the venue and your real experience. That credibility speeds negotiation. When a carrier still drags, we decide early whether filing makes sense. In some venues, juries will award fair sums for genuine pain without high repair bills. In others, the economics argue for a pragmatic settlement. There is no shame in a practical choice. The goal is not a courtroom victory poster, it is justice that fits your life.
Uninsured and underinsured motorist claims: delay with a twist
When your own policy is in play for UM or UIM benefits, delay can feel more personal. You paid premiums, after all. Unfortunately, first-party claims can stall just like third-party ones. Your insurer will require proof of the other driver’s lack of insurance or insufficient limits, then may press for an examination under oath or an IME. Some policies mandate arbitration before suit.
A car accident lawyer treats your carrier like any other. The same rules of documentation, deadlines, and escalation apply. If the policy requires arbitration, we push to schedule it promptly and select an arbitrator both sides respect. Many UM/UIM policies include fee-shifting or interest provisions that penalize delay once an award exceeds the carrier’s last offer. Knowing those contract terms helps us apply pressure at the right moments.
When settlement finally arrives: avoiding the last-minute slow roll
Even after numbers align, delay can creep into the closing phase. Release language arrives with broad indemnity clauses or confidentiality that was not discussed. Checks get routed through wrong departments. Medical liens linger. We anticipate those bottlenecks.
Before agreeing to numbers, we ask for the form of release. We revise or strike overbroad terms that do not match the dispute. If a hospital or health plan asserts a lien, we start negotiations while the settlement is finalizing, not after the check arrives. Federal ERISA plans and Medicare have their own timelines. Addressing them early prevents a two month post-settlement stall. If the insurer sends separate checks to providers and you, we ensure the amounts match the ledger. It sounds simple, but mismatched checks can add weeks.
On timing, many states require payment within a defined period after release, often 20 to 30 days. We mark that date. If a check does not arrive, we send a short letter citing the statute. Most carriers meet the deadline. If they do not, statutory interest or penalties can apply. Knowing that helps the final mile move faster.
What a client should expect from a diligent car accident lawyer
A lawyer cannot make an insurer love your claim. We can make delay expensive and refusal uncomfortable. That begins with expectations. You should hear from your lawyer regularly, even if the update is “we are waiting on records, and here is what we will do if they are not in by Friday.” You should see copies of key letters and know the next three dates that matter. Your lawyer should explain strategy in plain language and invite your input. Above all, you should feel that your file is moving, not sitting.
Results matter too. On average, injury claims represented by counsel resolve for more than pro se claims, in part because of process and in part because the ability to litigate changes the negotiation. But money is not the only metric. The right lawyer will balance speed and value in a way that fits your circumstances. A single parent who needs funds to keep housing may choose to settle sooner for a reasonable number. A client with long-term injuries and stable finances may choose to litigate to capture full future losses. The strategy is tailored, not cookie-cutter.
A final note on patience and proof
Delay feeds on frustration. It tempts you to accept less, or to give up entirely. A steady hand matters. When you retain a seasoned car accident lawyer, you are not buying a letterhead. You are hiring a system that has seen these stalls before and knows how to unwind them. We cannot remove every wait. Courts have calendars. Records departments move at their own speed. But we can make sure that every day has a purpose, and that no one confuses your patience with surrender.
If you are staring at a claim that feels stuck, start by gathering your paper. Make a list of what the insurer says it needs. Note the dates of your calls and theirs. Then talk to counsel who can turn that timeline into action. Delay is a tactic. It loses power when it meets a plan.