(914) 220-1086
If you are hurt in an accident, you might be entitled to money from the at-fault party for your losses. Typically, this compensation is paid by their insurance company. For some accident victims, getting money from the insurance company can take a frustratingly long time.
In some cases, a delay in getting a settlement can be chalked up to normal bumps in the road – like waiting to get copies of medical records or court scheduling needs. In other cases, the insurance company is intentionally delaying a claim to avoid paying you the money that you deserve for your losses. Our White Plains personal injury attorneys will advocate for you and push the insurance company to fulfill its obligations to act in good faith.
At the Law Offices of Thomas L. Gallivan, we are committed to helping our clients get maximum compensation for their injuries. We will stand by your side throughout the process – including taking steps to ensure that you get paid for your injuries. To learn more or to schedule a free initial consultation with a New York accident lawyer, reach out to our law firm today.
Timeline for Filing an Insurance Claim
If you are involved in a car crash, slip and fall, pedestrian accident, or another type of accident, you might be able to file a claim with the at-fault party’s insurance company. This starts the claim process.
In New York, insurance companies are required to acknowledge that they received a claim within 15 business days. They must also start an investigation of the claim within these initial 15 days after getting notice of the claim. Unfortunately, there is no requirement in New York law that an insurance company complete or resolve the claims process within a set period of time.
Once its investigation is complete – which may take a matter of days, weeks, or months – then the insurance company must notify a claimant within 15 days whether it is accepting or denying the claim. Insurers can get around this requirement by sending a written notice to a claimant notifying them that additional time is needed and the reasons why it is necessary.
Insurance companies are required to process claims in “good faith.” This generally means that insurance companies must act honestly and fairly when investigating and resolving claims. The duty includes an obligation to promptly investigate claims, communicate with the claimant in a transparent manner, and make reasonable efforts to settle claims.
Of course, anyone who has ever dealt with an insurance company knows that they often do not live up to this duty to act in good faith. This can leave accident victims without the money that they need to pay their bills – and move forward with their lives.
In some cases, an insurance claim can be resolved by a claimant on their own without the need for legal help. This is typically recommended only in cases involving property damage and very minor injuries. If you suffered anything more than minor cuts and scrapes, then you probably want to hire a White Plains personal injury lawyer to represent your best interests.
Once an attorney is involved, they will perform their own investigation while doing legal research. They will then send what is known as a demand letter to the insurance company. A demand letter sets out the facts of the case, explains the legal reason why the policyholder is liable, and then makes a demand for compensation (damages).
Insurance companies will usually respond to demand letters with a counteroffer, which kicks off the negotiation process. In many cases, a settlement can be achieved within a matter of weeks or months. In some cases, particularly when the facts are complex or when liability is contested, it could take much longer to reach a settlement.
In New York, there is a 3-year statute of limitations for most personal injury claims. This is the time limit for filing a lawsuit. Your attorney may advise you that it is necessary to file a lawsuit to protect your rights.
This does not mean that your case will go to trial. In reality, most personal injury cases are resolved outside of court. However, it does give your legal team more time to negotiate a settlement.
Depending on the facts of your case and other factors, it could take a matter of months or even years to resolve a lawsuit after it has been filed. Your attorney should keep you updated about the process and when you might be able to expect a settlement check.
Reasons for Delays in Getting a Check
There are many reasons why an insurance company might be taking too long to pay out on a claim. These include both practical reasons as well as nefarious ones.
On the practical side, it might take longer to get a settlement if your case involves complex facts. For example, if you were in a multi-vehicle car accident, it might simply take more time to unravel exactly who was at fault for the crash. Investigating more complicated claims simply takes more time.
Similarly, it might take longer to get a payout from the insurance company if you wait to file your claim or don’t provide documentation when requested, which could lead to a delay. Other factors outside of your control – like the adjuster assigned to your claim going out on medical leave or insurance company understaffing – can also cause delays.
In some situations, however, the delay is intentional – part of a strategy by the insurance company. Insurance companies may deny a claim without a valid reason, delay the processing of a claim, drag their feet on an investigation, or make unreasonable demands for documentation. All of this can make it feel impossible to get the money that you are owed for your accident.
One of the ways that you can reduce the risk of this issue occurring is by working with an experienced White Plains personal injury lawyer. Your attorney will communicate regularly with the insurance company and call out any unfair or bad faith tactics. If necessary, your lawyer can take your case to court to make sure that you get the compensation that you deserve for your injuries.
What Can You Do If The Insurance Company Is Taking Too Long to Pay?
The best way to protect yourself against bad faith insurance tactics is by working with a personal injury attorney who can advocate for your rights. While there are steps that you can take on your own – such as contacting the state – you might need legal representation to protect your rights.
If you aren’t represented by counsel and the accident involved only property damage, you can start by contacting the insurance company directly to inquire about the status of your claim. Make sure that you keep detailed records of who you talked to, when you talked to them, and what they said. If you still don’t get an adequate response, you can escalate the matter by asking to speak to a supervisor.
If you are unable to get an adequate response from the insurance company, you can file a complaint with the New York Department of Financial Services. This state agency regulates insurance within New York. If the insurance company is engaging in bad faith or violating the law when it comes to your claim, they can take action against them.
Even if you initially filed the claim on your own, you can still hire a lawyer to help you deal with an insurance company failing to pay you after an accident. Ideally, if you suffered injuries, you would have retained counsel from the start. But even if you didn’t, you can hire a lawyer to help you through this part of the process.
In many situations, an attorney is able to get results when an accident victim cannot. Insurance companies know that a lawyer can file a lawsuit and hold them accountable – which puts pressure on them to act in good faith. This increases the likelihood that they will not only negotiate a fair settlement but pay it in a timely manner.
Help for New York Accident Victims
Dealing with an insurance company can be difficult even when it is your own insurer. When you are attempting to get money from an insurance company after an accident, it can be even more challenging. Our law firm can represent you throughout the process and advocate for your best interests.
Based in White Plains, the Law Offices of Thomas L. Gallivan represent accident victims throughout New York. We offer free initial consultations and never charge a fee unless we recover money for you. Contact our law firm today to schedule an appointment with a New York personal injury attorney by calling 866-931-9015 or filling out our online contact form.
I Already Filed an Insurance Claim. Can I Hire an Attorney Anyways?
Yes. Even if you started the process on your own, you can still get legal representation for your claim. It may even be necessary if the insurance company is taking too long to pay you after an accident. Keep in mind, however, that if you have already signed a settlement agreement, the attorney likely cannot negotiate more money for you. If you are hurt in an accident, the best option is to hire a lawyer immediately.
At the Law Offices of Thomas L. Gallivan, we have experience dealing with difficult insurance adjusters – and responding to their delay tactics. Contact our law firm today to talk to a White Plains personal injury lawyer about your case.
How Can I Pay for a Personal Injury Attorney?
Personal injury law firms handle cases on a contingency fee basis. This means that you won’t pay an attorney’s fee up front – and will only pay a fee if you recover money through a settlement or verdict at trial. The fee will be a percentage of your total recovery.
Contingency fees make it possible for anyone to hire a lawyer, even if you don’t have a lot of spare cash after an accident. Call the Law Offices of Thomas L. Gallivan to schedule a free consultation with a White Plains personal injury attorney.
