Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
You filed the claim, provided the information the insurance company requested, and expected some progress. Instead, the claim sits there with no clear explanation for the delay.
Sometimes there is a legitimate reason. The insurer may still be waiting on medical records, reviewing faults, or sorting out coverage issues. Other times, the problem is simply that no one is giving you a clear update.
Knowing why the claim has stalled is the first step. From there, a few practical steps can help you find out what is missing, follow up properly, and decide what to do next.
If the delays continue despite your best efforts, a New Orleans auto injury attorney can apply pressure that the insurer will actually feel.
Why Do Louisiana Car Accident Claims Get Delayed?
Claims often slow down because the insurer is waiting on documents, reviewing fault, checking coverage, or handling a file transfer. Common delays include missing medical records, repair estimates, proof of wages, or questions about who caused the crash.
Property damage and injury claims may move at different speeds. Repairs can be reviewed quickly, while injury claims may take longer when medical treatment or future care is still being evaluated.
How Can You Find Out What Is Holding Up the Claim?
The best way to identify the problem is to ask the adjuster specific questions rather than sending repeated follow-ups.
Ask for a written update that explains:
- Whether the fault has been accepted or is still under investigation.
- Whether any documents or records are missing.
- Whether the information already submitted has been added to the claim file.
- What issues still need to be resolved before the claim can move forward?
A short email usually works better than several phone calls because it creates a record of your request.
If the insurer says something is missing, ask for a complete list instead of sending documents one at a time. Sometimes a claim is delayed because of a single missing record rather than a major problem.
What Do Louisiana’s Claim Timing Rules Require?
La. R.S. 22:1892 generally requires an insurer to pay an amount due to its insured within 30 days after the insurer receives satisfactory proof of loss. Certain third-party property damage and reasonable medical expense claims must be paid within 30 days after a written settlement agreement.
For non-catastrophic property damage and reasonable medical expense claims, the insurer must generally begin adjusting the loss within 14 days of notice. That does not mean the entire claim must be settled within 14 days.
Louisiana’s 30-day rule is not a universal deadline for settling every accident claim. Its application depends on the claim, the claimant, and the proof or agreement received.
When an insurer requires a formal proof-of-loss statement before payment, it must provide the form within 10 business days after receiving the claim. It must state whether the returned form is complete within another 10 business days.
A missed period does not automatically prove bad faith. Penalties may depend on whether the failure was arbitrary, capricious, or without probable cause.
What Steps Can Help Move the Claim Forward?
If your claim is stalled, focus on identifying the specific issue rather than sending repeated follow-ups.
- Check what is missing- Ask the adjuster for a list of incomplete records or unresolved issues.
- Send documents together- Submit medical records, bills, estimates, and other proof in an organized file.
- Follow up in writing- Keep a record of your requests, responses, and submitted documents.
- Escalate when needed- Ask for a supervisor if the adjuster cannot explain the delay.
- Avoid settling too soon- Wait until your injuries and future costs are clear.
A clear paper trail and focused follow-ups can often help move a delayed claim forward.
When Should You File an Insurance Complaint?
If weeks pass without a meaningful update, ask that the claim be reviewed by a supervisor or claims manager.
Explain when the claim was opened, what documents you’ve already submitted, and which questions remain unanswered. Staying professional usually produces better results than sending emotional or confrontational messages.
If communication completely breaks down, you may also consider filing a complaint with the Louisiana Department of Insurance. The department can review complaints involving insurers, agents, and adjusters, although it cannot decide who caused the accident or award compensation.
Don’t Miss the Filing Deadline
A pending insurance claim does not put a lawsuit deadline on hold. Even if the adjuster is still reviewing your claim or settlement talks are ongoing, you still need to know how much time you have to take legal action.
For many accidents that happen on or after July 1, 2024, Louisiana law generally allows two years to file a lawsuit. Older accidents and certain types of claims may follow different deadlines.
If fault is disputed, your potential recovery may also depend on Louisiana’s comparative fault rules. Waiting for the insurance company to make a decision without checking your deadline could affect your ability to pursue compensation later.
Frequently Asked Questions
Why is my Louisiana car accident claim taking so long?
There may be several reasons. The insurer could be waiting on medical records, investigating fault, reviewing coverage, or waiting for information from a doctor, employer, or repair shop.
Does Louisiana require every claim to be settled within 30 days?
No. The 30-day rule only applies in certain situations. A claim may take longer if the insurer is still reviewing fault, damages, or whether enough information has been provided.
What should I do if the insurance adjuster stops responding?
Try following up by email or letter so there is a record of your request. If you still do not get a clear response, you can ask for a supervisor to review the claim.
Does an insurance complaint guarantee payment?
No. A complaint may prompt the insurer to respond, but the Louisiana Department of Insurance does not decide who caused the accident or determine how much compensation you should receive.
Talk to a New Orleans Car Accident Lawyer
Most delayed claims can be traced to a specific issue, even if the insurer hasn’t explained it clearly. Finding out what’s missing, keeping good records, and following up in writing often helps move the process forward.
If your claim is stuck and the insurer will not budge, Alvendia, Kelly & Demarest knows how to push for a fair, timely resolution. Call (504) 200-0000 for a free, no-obligation consultation. No fee unless we win. Take 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.
