Why is my insurance claim taking so long and what can I do?

The length of time it takes to process an insurance claim in Denver varies from one case to the next as many different factors impact the process. But if it still feels like you’ve been waiting on your insurance settlement for too long, consider some of the reasons for the delay and what (if anything) you can do to move it along.

Claim Involves Serious Bodily Injuries

If the insurance claim is for vehicle damage and minor injuries like bumps and bruises, the process is fairly simple:

  • the damage is assessed;
  • repair and medical costs are evaluated; and
  • the claimant is compensated relatively quickly.

But when an accident involved serious physical injuries, the claims process can take longer. One thing you can do is make sure the insurance company has all of the relevant documentation that shows the extent and severity of your injuries from the accident. (Talk to your attorney before turning over any medical or other information.)

There must be solid proof of the diagnosis, treatment required, and prognosis. The claims process can take longer when the insurer has to request medical records and other information.

Dispute Concerning Settlement

Another reason your claim could be delayed is when there is a dispute regarding the amount of damages you are seeking. The insurance company may believe you are seeking an amount that is too high, which again brings up the importance of establishing your injuries and damages with proper documentation and evidence.

It’s important to remember that your demand for compensation should be reasonable. But at the same time, expect the insurance company to offer a low amount. It may take some negotiating before both parties can agree on a settlement figure that’s fair.

Insurer Disputes Medical Treatment

Sometimes claims face delays because of a dispute surrounding the medical treatment the claimant received. For instance, an insurer may argue that physical therapy wasn’t necessary.

Or it may come to light that there was a gap in treatment, meaning the claimant did not receive treatment for a certain length of time; the insurer may take this to mean that the claimant isn’t as injured as the claim states.

It is up to you as the claimant to prove that treatment was medically necessary. You can show this in a variety of ways such as with copies of x-rays that depict the injury, doctor’s notations, and other relevant records. Of course, you should also make sure that you follow your treatment as prescribed by the doctor. Missing appointments can damage your claim.

Claimant Unable to Prove Losses

It’s much easier to establish some losses or expenses, such as the cost of medical treatment, as you can establish this expense through statements and bills. But others can be more complicated, like establishing lost earning capacity if your injuries are disabling. Other examples are being able to establish long-term or permanent impairment or PTSD after a serious accident.

To recover these types of losses, it will necessitate documentation that backs up the claim. It’s usually a good idea to have legal representation when the losses are significant, whether financially, physically, or emotionally.

The Insurance Company is Acting in Bad Faith

When a claim is taking an exceptionally long time, it could also be a case of bad faith insurance. It may be a tactic the insurer uses to get out of paying the claim or at least settle for less than what you deserve.

If the delay is unreasonable and it’s a way to try and breach their contact, you may be able to file a bad faith insurance claim. Talk to attorney D.J. Banovitz to learn if a delayed claim is based on valid reasons and what options might be available to resolve the matter. Call 303-300-5060 or use our online contact form to set up your appointment.

D.J. Banovitz’ career has always concentrated on trial practice and he has litigated hundreds of cases. His passion and sole career focus has been to seek justice for people suffering from personal injuries as the result of someone else’s negligence. The hallmark of the Law Office of D.J. Banovitz, is the total commitment to professionalism, quality, and personalized care of your injury case. D.J. has dedicated his professional life to helping those most in need and is a proud and active member of the Colorado Trial Lawyers Association. His experience includes volunteering for Colorado Rural Legal Services in Montrose, the Colorado Aids Project, consumer law, family law, criminal defense, and Alternative Defense Counsel for juveniles in Denver.