Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
According to the Louisiana Department of Insurance, auto insurers in the state receive thousands of consumer complaints each year, many related to delayed or stalled claims. In fact, across the U.S., it’s estimated that over 15% of car accident victims face significant delays in claim resolution. Unclear documentation or insurance company tactics are often to blame.
Are you dealing with a stalled car accident claim in New Orleans? You’re not alone—and you’re not powerless. Delays can be incredibly frustrating, especially when trying to recover physically and financially. But there are concrete steps you can take to speed up the process and protect your rights.
In this guide, we’ll break down why your claim might be stuck, how Louisiana law affects the timeline, and the actions you can take right now to get things moving again. Whether you’re waiting on an insurance adjuster, struggling with medical documentation, or unsure about the following legal steps, this blog will help you move forward.
Why Do Car Accident Claims Stall?
Understanding why a car accident claim stalls is the first step toward resolving it. In New Orleans, many delayed claims have nothing to do with mistakes made by the injured party. Delays may instead be the result of how the insurance process works.
Insurance companies operate with their internal timelines. These rarely align with the urgency of someone recovering from an accident. Adjusters may take weeks to review documents, request follow-up information, or go quiet without warning. A common cause of delay is incomplete paperwork, such as missing medical records, unclear evidence of fault, or a lack of repair estimates.
Another issue arises when insurers dispute the severity of injuries. For example, maybe the medical records don’t clearly show that the injuries were directly caused by the accident. In these circumstances, the claim might stall while the insurer asks for more proof or second opinions.
There are instances when such requests are legitimate. However, in others, insurance companies use them as tactics to delay payment or pressure victims into accepting lower settlements.
Louisiana follows a “pure comparative fault” system. This can further complicate matters. Under this rule, the compensation you receive can be reduced based on your percentage of fault in the accident. If the fault is being disputed, the insurer may delay progress while they gather more evidence to shift some of the blame your way.
Some insurance companies intentionally slow down the process to test your patience. Delays can push claimants toward quick, undervalued settlements out of frustration or financial need.
“Insurance companies are not on your side—they are in the business of minimizing payouts. Knowing your rights helps you push back when delays feel unjustified.” — National Association of Insurance Commissioners (NAIC)
These delays can leave you without compensation for medical bills, vehicle repairs, and lost wages when you need it most. Recognizing the signs of a delayed or stalled claim can help guard against this.
How Long Do Car Accident Claims Usually Take in Louisiana?
The typical timeline for a car accident claim in New Orleans ranges from a few weeks to several months, depending on several factors:
| Step in the Claim Process | Expected Timeframe |
| Filing the claim | Within a few days after the accident |
| Initial investigation | 2–4 weeks |
| Medical treatment & documentation | Ongoing, varies by injury |
| Settlement negotiations | 1–3 months or longer |
| Litigation (if needed) | 6 months to 2 years or more |
If your case has exceeded these general timelines, it’s time to act.
Step-by-Step: How to Speed Up a Stalled Car Accident Claim
Delays can happen even when you’ve done everything right. Fortunately, there are actionable steps you can take.
Get Organized With All Documentation
Start by reviewing what the insurance company has received. Ensure you’ve submitted the police report, medical records, vehicle repair estimates, and witness statements.
Even one missing document can freeze progress. You can also request a claims file update from the adjuster to confirm what’s still pending.
“Missing or inconsistent medical documentation is a top reason claims get delayed. Ensure your records clearly link your injuries to the accident.” — Louisiana Department of Insurance
Contact the Insurance Adjuster—In Writing
Switch to email or written communication if you’re still struggling to reach the adjuster by phone. This will give you a paper trail. Politely ask for an update and refer to specific dates and submitted documents.
You can also request a timeline for the next steps. Keep follow-ups consistent but professional.
Get a Medical Summary From Your Doctor
Ongoing treatment can complicate your claim if there’s no clear summary of what’s been done so far and what your prognosis is. Ask your provider for a written medical summary that outlines the treatment, ongoing effects, and future care needs.
This helps insurers quantify your claim and move toward resolution.
Watch for Insurance Tactics That Slow Things Down
Delays are sometimes strategic. Common tactics include:
- Asking for the same documents multiple times
- Disputing the severity of injuries
- Claiming they need more investigation
Louisiana law requires insurance companies to settle claims within a “reasonable” time. This is typically considered 30 days after receiving adequate proof of loss. You have the right to escalate if delays go beyond that.
Recent reporting from the Louisiana Illuminator highlights how consumer frustration with delayed insurance responses has grown, especially following disasters, illustrating how common and systemic these issues can be.
Know When to Escalate or File a Complaint
If you’ve done everything possible and still face silence or excuses, you can:
- File a complaint with the Louisiana Department of Insurance
- Send a written demand letter
- Consider legal action
A personal injury attorney can step in and legally pressure the insurer to act. Often, just hiring a lawyer motivates faster processing.
Legal Rights & Timelines to Know in New Orleans
Specific laws govern car accident claims in Louisiana. These laws influence how long you have to act and what your rights are.
The One-Year Statute of Limitations
Louisiana law gives you only one year from the date of the accident to file a lawsuit for personal injury or property damage. This is one of the shortest time limits in the country.
If you let the clock run out, you may lose your right to compensation, regardless of whether the insurer delayed your claim.
Comparative Fault Rule
Louisiana follows a comparative fault system. This means your compensation can be reduced if you are found partially responsible for the accident. For example, if you’re 20% at fault, your settlement would be reduced by 20%.
Understanding this rule is essential, especially when dealing with an insurer that may try to shift blame.
What Role Can an Attorney Play?
You’re not required to have legal representation to pursue a car accident claim. That said, legal support can speed things up in several ways when your claim has stalled.
Attorneys Help With:
- Communicating directly with insurers
- Building stronger documentation
- Estimating fair compensation
- Representing you in negotiations or court
Many personal injury attorneys in New Orleans, including Alvendia, Kelly & Demarest, work on a contingency fee basis, meaning you don’t pay unless you win.
“The outcome of any case depends on its specific facts. Past results do not guarantee future outcomes.”
Frequently Asked Questions
What’s the most common reason car accident claims stall?
Incomplete documentation is the leading cause, especially missing medical records or proof of fault.
Can I sue my insurance company for delays?
If the delay is unreasonable and violates Louisiana’s insurance laws, legal action may be an option, but speak to an attorney first.
How long should I wait before hiring a lawyer for a delayed claim?
If your claim hasn’t progressed after 30–45 days and you’ve submitted all required documents, it’s reasonable to consult a lawyer.
Does ongoing medical treatment delay settlement?
Yes, insurers often wait until treatment is complete. In the meantime, a medical summary from your doctor can help move things forward.
Will a lawyer charge me upfront for handling a stalled claim?
Most personal injury lawyers in New Orleans work on contingency, meaning you don’t pay unless you receive a settlement.
Is there a time limit for resolving a car accident claim in Louisiana?
There’s no hard rule for settlement, but the statute of limitations to file a lawsuit is one year from the date of the accident.
Conclusion: Don’t Let Delays Keep You From Getting Justice
Delays in a car accident claim are more than an inconvenience—they can affect your health, finances, and peace of mind. In New Orleans, staying informed about your legal rights, keeping your paperwork organized, and holding insurance companies accountable can make a significant difference in your case’s timeline and overall outcome. It’s essential to communicate clearly with your insurance adjuster, watch closely for common delay tactics, and know when to escalate your concerns.
Don’t forget that Louisiana law gives you just one year to take legal action. If things still aren’t moving forward, seeking legal help could be the next step toward getting your claim resolved.
If your claim still hasn’t progressed, Alvendia, Kelly & Demarest Law Firm is here to help. Our experienced legal team understands the challenges injured victims face after an accident, and we know how to get results.
You don’t have to keep waiting and wondering. Schedule a free, no-obligation consultation to understand your options and take back control of your claim.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
