Serious injury claims often move slowly in California. These delays are rarely accidental. Insurance companies may use time to improve their financial position and weaken your claim.
Delays often increase profits for insurers
Insurance companies focus on saving money. When they delay paying a claim, the pressure often shifts to you. They may delay because:
- They keep their money longer: The longer they hold onto claim funds, the more they benefit.
- They hope you settle for less: Financial stress can make quick, low offers seem tempting.
This can be a problem if you have medical bills or cannot work. Waiting longer often makes things harder for injured people.
Delay can weaken evidence over time
Time does not help injury claims. Insurance companies know that proof becomes weaker as months pass. Problems that can come up include:
- Witnesses forget details: Memories fade over time.
- Records disappear: Videos or reports may be deleted.
- Gaps in treatment: Missed care can be used against you.
California also has a two-year deadline to file a personal injury lawsuit. If delays push you close to that deadline, your choices may be limited.
Insurance companies often downplay injuries
It is common for insurers to argue that injuries are not serious. This happens often with back, neck or soft tissue injuries. They may claim:
- The injury existed before the accident: Pain came from another cause.
- The crash was too minor: The impact was not strong enough.
- You got better quickly: Missed appointments mean you healed.
These claims can reduce what the insurer is willing to pay.
Delay tactics may violate California law
Some delay strategies cross legal boundaries. California requires insurers to handle claims fairly and without unreasonable delay.
Under California Insurance Code § 790.03, insurers must acknowledge claims promptly, investigate reasonably and attempt fair settlements once liability is clear. Practices like ignoring communications, repeatedly requesting the same documents or stalling without explanation may fall under unfair claims handling.
Further options to exercise
Insurance delay tactics can be difficult to counter without experience. An attorney can help spot improper conduct, manage communications with adjusters and protect key deadlines.
Legal guidance may help if delays continue without explanation, liability or injury severity is disputed or the two-year statute of limitations is getting close.