Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
According to the Louisiana Department of Insurance, thousands of drivers file complaints every year about delayed or stalled insurance claims. Many of these delays happen because of missing documents, unclear injury reports, or insurance company tactics. If your claim has been dragging on for months, you’re not alone.
Whether you’re waiting on your adjuster, facing endless document requests, or unsure of the next steps, this guide breaks down the most common reasons car accident claims stall in Louisiana and gives you practical, step-by-step ways to get your claim back on track with insights every New Orleans driver should know before giving up or accepting a low offer.
Why Car Accident Claims Get Delayed in Louisiana
A stalled car accident claim usually isn’t your fault. In many cases, delays happen because of how the insurance system works. Adjusters often handle dozens of cases at once and may take weeks to review evidence, request records, or give updates.
In Louisiana, insurance delays commonly occur due to:
- Incomplete or inconsistent medical documentation
- Disputes about who was at fault under the comparative fault system
- Adjusters asking for repeated proof of loss
- Back-and-forth over repair or treatment costs
Some of these issues are legitimate, while others may be tactics to make claimants accept smaller settlements out of frustration. Insurance companies are profit-driven, and slowing down a claim can pressure victims into closing early.
“Insurance companies are not on your side, they are in the business of minimizing payouts. Knowing your rights helps you respond effectively.” — National Association of Insurance Commissioners (NAIC)
Louisiana also follows a pure comparative fault rule, which can complicate things. If the insurer believes you share part of the blame for the accident, they might slow down the process while investigating.
“Louisiana law requires insurers to pay claims within 30 days after receiving adequate proof of loss. Delays beyond this period may constitute bad faith.” — Louisiana Revised Statute §22:1892
How Long Car Accident Claims Usually Take in Louisiana
Every claim is different, but there are general timeframes for how long each step takes. If your case has gone well past these stages, it might be time to act.
|
Stage of Claim |
Expected Timeframe |
Possible Delays |
| Filing your claim | Within a few days after the crash | Missing or unclear details |
| Insurer investigation | 2–4 weeks | Adjuster backlog or liability dispute |
| Medical treatment | Ongoing | Incomplete or conflicting medical summaries |
| Settlement negotiation | 1–3 months | Disagreement on damages or coverage |
| Litigation (if needed) | 6–18 months | Court or discovery delays |
“Missing or inconsistent medical documentation is one of the top reasons car accident claims stall.” — Louisiana Department of Insurance
If your claim has passed these stages and nothing has moved, it’s time to review your paperwork and communication trail.
Steps to Speed Up a Stalled Car Accident Claim
You can’t control how insurers operate, but you can take smart steps to keep your claim active.
1. Get Organized With All Documentation
Gather every document related to your accident. This includes the police report, medical records, repair estimates, and witness statements. Even a single missing document can hold up your entire claim.
“Louisiana allows just one year from the date of the accident to file a personal injury or property damage claim, one of the shortest deadlines in the U.S.”
Make sure your paperwork clearly connects your injuries to the accident. Ask your doctor for a written medical summary explaining your treatment and future care needs.
2. Keep Written Communication With Your Adjuster
If you’ve been calling your adjuster with no luck, start using email. Written communication creates a record of every conversation and request. Be polite but firm when asking for updates.
Use short, factual messages and always note the date and document names. Consistent follow-ups remind the insurer that you’re paying attention.
3. Understand Your Rights Under Louisiana Law
Under Louisiana Revised Statute §22:1892, insurers must pay or deny claims within 30 days after receiving adequate proof of loss. If they don’t, and there’s no valid reason for the delay, penalties may apply.
Knowing this law helps you push back when an insurer stalls without explanation.
4. Watch Out for Insurance Tactics
Some delays are intentional. You may notice patterns like repeated requests for the same documents, new “investigations,” or low settlement offers after long periods of silence.
- Ask for reasons in writing whenever your adjuster requests more time.
- Keep copies of every form, bill, and email you’ve sent.
Staying organized keeps the process transparent and protects you from unfair delay tactics.
When to Escalate or File a Complaint
If you’ve provided everything required and your insurer still won’t act, it may be time to escalate. The Louisiana Department of Insurance (LDI) allows you to file a complaint if you believe your insurer is acting in bad faith.
When filing, include:
- Your claim number and policy details
- Copies of all correspondence with your adjuster
- Dates of your requests and responses
You can also send a written demand letter asking for a clear update within a specific timeframe. If nothing changes, legal support can help move the case forward, especially when deadlines are approaching.
Legal Context to Keep in Mind
Louisiana’s comparative fault law means your settlement can be reduced if you’re found partially responsible for the accident. For instance, if you’re 20% at fault, your payout decreases by that same percentage.
Also, the statute of limitations allows only one year from the date of the accident to file a lawsuit. Even if your claim is still under review, missing that window can cost you your right to compensation.
If your case feels stuck, a legal professional familiar with local insurance laws can help you navigate next steps and ensure the insurer acts within their legal obligations.
Frequently Asked Questions
Why is my car accident claim taking so long in Louisiana?
Delays often happen due to incomplete medical records, missing documents, or insurance disputes over fault.
What counts as a reasonable time for insurers to settle a claim?
Louisiana law gives insurers 30 days to settle after receiving proper proof of loss.
Can I file a complaint against my insurance company for delays?
Yes. The Louisiana Department of Insurance accepts complaints for unjustified claim delays.
Does comparative fault affect how fast I’m paid?
Yes. Disputed liability can delay settlement until fault percentages are decided.
How can I track claim progress with my insurer?
Keep all communications in writing and request regular updates from your adjuster.
What if my claim is delayed beyond the one-year deadline?
You may lose your right to file a lawsuit if the statute of limitations expires.
Conclusion
A stalled car accident claim can be stressful and time-consuming, especially when bills are piling up and communication stalls. Staying organized, keeping written records, and understanding your rights under Louisiana law are the best ways to keep your case moving forward.
If your claim still hasn’t progressed, the experienced team at Alvendia, Kelly & Demarest Law Firm is ready to help. Each New Orleans car accident attorney at our firm understands how to deal with delayed insurance claims and knows what it takes to push for fair, timely resolutions.
You don’t have to face insurance delays alone. Schedule a free, no-obligation consultation today to learn your options and take control of your car accident 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.
