You file the claim, send the photos, answer the calls, and then, silence. Days turn into weeks while your car sits in a body shop bay or a tow yard and medical bills start to arrive. If your insurance claim feels stuck in molasses, you are not alone. Claims move at very different speeds depending on fault disputes, state laws, medical treatment timelines, and the internal workflow of the insurer. Having spent years on both sides of the table, I can tell you most delays have specific causes, and many are fixable if you know where to press.
This guide breaks down why auto insurance claims stall, how different rules in states like Florida, Texas, California, Michigan, and New York shape timelines, and the practical steps that nudge your claim forward. It also flags moments when a car accident lawyer changes the math, for example when a total loss offer is far below market or when an adjuster stops returning calls.
First, what “normal” looks like
A straightforward property damage claim with clear liability and no injuries can resolve in two to four weeks, sometimes faster if the insurer accepts liability within a few days and parts are readily available. Add injuries and third parties, and the timeline stretches. Bodily injury claims commonly take several months because you should not settle until you finish treatment or your doctor reaches maximum medical improvement. Serious cases or contested liability can run a year or more. Those ranges are not stall tactics by default, they reflect documentation, fault analysis, and medical realities.
For context, two parallel tracks often run at different speeds. Property damage - valuation, repairs, rental, total loss - typically closes faster. Bodily injury - medical records, causation, pain and suffering - runs on a slower clock because medical providers take time to produce records, and you should avoid settling before you understand your long‑term prognosis.
The predictable chokepoints inside insurers
Every carrier has triggers that slow a claim. Knowing them lets you anticipate what the adjuster needs rather than learning by trial and error.
Claim intake and assignment. The first delay is often clerical. A claim lands in a general queue, then gets assigned to a property adjuster and, if there are injuries, a bodily injury adjuster. Weekends and storms extend the wait. If a catastrophe event hit your region, expect longer assignments and callbacks.
Liability investigation. When fault is unclear, the adjuster has to gather statements, police reports, and sometimes scene photos or dash cam footage. If the police report is delayed or the at‑fault driver tells a conflicting story, the insurer may temporarily deny or reserve liability. Disputes like rear ended at a red light and the other driver says my fault, or a parking lot accident where the angles are messy, are common hold‑ups. If the police report is wrong on who was at fault, the insurer may still lean on it until you provide counter‑evidence.
Recorded statements. If the other driver’s insurer is paying damages, their adjuster often asks you for a recorded statement. You are not obligated to give one to the opposing insurer, and it can be risky without guidance. Your own insurer can require cooperation, which may include a statement. A short, factual call avoids later arguments about noncooperation, but set ground rules. If the insurance adjuster wants a recorded statement from you and liability is disputed, speak with a car accident attorney first.
Medical records. Insurers cannot evaluate bodily injury without records and bills. They request them from providers, who can take 30 to 90 days to respond even with signed authorizations. When an insurance company is asking for medical records, limit the authorization to relevant treatment and dates to avoid a fishing expedition into unrelated history.
Valuation and total loss. When a car is borderline totaled, expect haggling. The adjuster uses a valuation vendor to compute actual cash value. Options and trim, recent work, and local comps matter, and mistakes are common. If you feel the insurance offer is not enough to pay off the loan, bring hard data - dealer listings, sales receipts for add‑ons, service records - to support a higher value. If you ask yourself, can I sue my insurance company for totaling my car, the more immediate move is to dispute valuation in writing and, if needed, involve an insurance lowball offer lawyer who routinely negotiates ACV tables.
Subrogation. When your insurer pays first under collision or med pay/PIP and then seeks reimbursement from the at‑fault driver’s insurer, the clock for your deductible refund depends on that behind‑the‑scenes process. If the other carrier drags its feet or fights liability, your reimbursement waits.
Internal diary cycles. Adjusters work with diary dates, so a claim might sit three to seven days between touches. That is normal, but silence for longer stretches may signal a bottleneck, such as awaiting a supervisor’s authority for a larger payment, or an unresolved coverage question.
Evidence bottlenecks you can unblock
Police reports. In many jurisdictions, the report takes 7 to 15 days. If your claim hinges on it, the adjuster may hesitate to accept liability until it arrives. You can often purchase a copy online sooner than the insurer gets it through batch channels. If the report misstates facts, file a supplemental statement with the agency, attach photos, and send the packet to the adjuster.
Witnesses. Witnesses move jobs, change numbers, or lose interest. Track down the best contact information early. If a witness will not cooperate, a short notarized statement can be easier than a phone interview. If you have dash cam footage that proves the other driver at fault, upload a shareable link and keep the original file in case metadata becomes important.
Body shop supplements. The first estimate rarely tells the whole story. Once the shop tears down the vehicle, hidden damage appears. The shop must submit supplements and wait for an adjuster to re‑inspect or approve photos. That loop can add days, sometimes weeks, especially if parts are backordered. When the body shop found more damage than the estimate, ask the shop to send same‑day photos and a supplement narrative to avoid a fresh on‑site visit.
Medical billing codes. Health providers and hospitals bill with codes. If a code is off, the insurer flags the bill, and the payment stalls until the provider rebills. Ask your provider’s billing office to confirm they sent itemized bills and records, not summaries. Insurers need both.
State rules that stretch or shrink timelines
Where you live affects the pace. A few examples show why two similar claims finish on different dates.
Florida. Florida uses a no fault system with PIP benefits and a 14 day rule. If you do not seek initial treatment within 14 days, PIP benefits can be denied. Soft tissue injuries are common, but the serious injury threshold governs when you can pursue pain and suffering against the at‑fault driver. Many Florida claim delays arise from PIP limits and whether your injuries meet the threshold. If you wonder, Florida no fault insurance, when can I sue, the answer depends on whether a physician attests to a permanent injury under the statute.
Texas. Texas proportionate responsibility affects negotiations because recoveries drop by your comparative negligence percentage. If you are 51 percent at fault or more, you recover nothing under the 50 percent fault rule. Texas insurance claim deadlines also shape the timeline. Texas has prompt payment statutes for first‑party claims that impose investigation and decision deadlines, though they do not apply to third‑party liability claims. When an insurer drags its heels in a first‑party claim, citing those timelines can spur action.
California. California pure comparative fault allows recovery even if you are mostly at fault, but your compensation reduces by your percentage. California insurance bad faith law gives teeth to first‑party claim delays that lack a reasonable basis. On valuation disputes, diminished value claims in California are fact‑specific and typically not paid under your own policy after repairs, but https://jaredifet439.almoheet-travel.com/insurance-ignoring-dash-cam-evidence-getting-your-proof-considered they can be pursued against the at‑fault party. That distinction changes strategy and timing.
Michigan. Michigan auto insurance laws changed significantly. Unlimited PIP once meant lifetime benefits, but reforms introduced fee schedules and caps. Mini tort claims in Michigan allow up to a statutory cap for vehicle damage from the at‑fault driver in certain scenarios. PIP billing and proof requirements drive timeline friction more than fault disputes.
New York. New York is a no fault state with a serious injury threshold similar in concept to Florida’s but with its own definitions. New York insurance regulations require prompt handling of first‑party benefits, yet bodily injury liability claims hinge on meeting the threshold. When to sue in a New York car accident depends on the statute of limitations and whether your injuries qualify.
Delays tied to total loss decisions and valuation fights
Total loss calls are frequent flashpoints. Here is how that process often slows and how to counter it.
Thresholds. States set total loss thresholds, commonly 60 to 80 percent of pre‑loss value, or they use a total loss formula that weighs salvage value. If a threshold by state is 75 percent and your car’s ACV is $20,000 with estimated repairs at $15,500, the carrier totals it. If the carrier totals your car for minor damage because of parts and labor costs or structural hits, that can still be contractually correct.
Options and condition. Valuation vendors sometimes miss packages or assign average condition. Provide window sticker data, VIN‑decoded options, maintenance records, and aftermarket upgrades with receipts. The difference between average and clean can be thousands of dollars. If you disagree, you can negotiate a total loss settlement by submitting comparable listings within your region, not national averages.
Loan balances and GAP. If insurance totaled my car but I still owe money and the offer is not enough to pay off the loan, GAP coverage should bridge the gap, but claims can be denied if you missed policy requirements or the lender added prohibited fees. GAP insurance denied a claim often stems from lapses in coverage, aftermarket add‑ons, or policy exclusions. Ask the GAP administrator for a denial letter citing contract language and respond with documentation.
Owner retained salvage. If you want to keep your car after a total loss, ask about owner retained salvage. The payout decreases by the salvage value, and your title will be branded. That affects future insurability and resale. Sometimes a repairable vehicle with light cosmetic damage is worth keeping; sometimes frame damage and airbag deployments mean walk away.
Can you sue. People ask, can I sue if insurance takes too long or can I sue my insurance company for totaling my car. For first‑party claims, unreasonable delay or an unfair valuation without a good faith basis can implicate bad faith laws, which vary by state. Before filing suit, escalate to a supervisor, send a detailed dispute letter with comps and receipts, and consider a car accident law firm experienced in insurance bad faith total loss cases.
Repair delays that masquerade as claim delays
Even when the insurer does not stall, repair realities do.
Parts shortages. A single backordered sensor can sideline a car for weeks. OEM versus aftermarket parts questions also extend the process. If the policy allows aftermarket parts, you can ask - not demand - for OEM if safety or warranty is at stake. Some insurers agree when your vehicle is newer or when used parts would compromise calibrations.
Preferred shops. Insurers promote preferred body shops for speed and rates. You can usually choose your own shop, though the process may slow if the insurer has to set up a new vendor. If an insurer pushes hard, ask where the policy says you must use their body shop. The answer is usually that you can choose, with the caveat that a non‑preferred shop’s rates still have to be reasonable.
Quality. If the body shop did not fix the car properly, send the shop a written punch list and copy the insurer. Many policies include workmanship guarantees for preferred shops. If not, you can request a supplemental claim for corrective work. Keep all invoices and photos.
Rental car limits. Rental coverage has per day and total day caps. Property damage disputes or parts delays can push you over caps. If the other driver’s insurer delays accepting liability, your rental may not be covered until they accept. If insurance will not pay for a rental car during a liability dispute, check whether your own policy has rental reimbursement regardless of fault.
Fault fights that grind everything to a halt
Two sentences in a police report can throttle a claim for months. Here is where fault disputes take root and how to respond.
Rear end collisions. The person in back is usually at fault, but not always. If the front driver slammed brakes without reason, reversed, or had nonfunctioning brake lights, fault can split. Even then, the rear driver often carries most of the percentage. In pure comparative negligence states like California, you can recover even if partially at fault, but your percentage reduces the payout. In modified comparative negligence states like Texas, at 51 percent or more you recover nothing. In contributory negligence states, any fault bars recovery, which insurers sometimes argue to deny claims. Local standards matter.
Conflicting stories. Other driver lied to insurance is common. If you have dash cam footage and insurance is ignoring the dash cam evidence, send it through a link the adjuster can open and ask for confirmation of receipt. Photos of skid marks, debris fields, and point of impact help reconstruct angles. If a witness will not cooperate, a simple signed statement with contact details helps more than you might think.
Commercial vehicles and gig drivers. Hit by an Amazon driver or a FedEx truck raises questions about who is liable - the driver, a contractor, or the company. These carriers have commercial vehicle insurance limits that can be higher, but their claim processes are more formal. Uber driver hit me, who pays depends on whether the driver was on app, en route to a ride, or off app. Coverage tiers switch at each phase, which adjusters verify before making offers. Expect longer verification cycles.
Multi‑car pileups. Chain reaction crashes turn into comparative fault puzzles. Insurers may apportion fault percentages across multiple drivers and wait for subrogation outcomes. If you carry collision coverage, using it can get you back on the road faster while the carriers argue.
Injury claim timelines that feel glacial but serve a purpose
It is frustrating to hear, we need to wait on treatment to finish, when you want closure. But settling too early can hurt you. Here is why injury claims take time and what to do.
Diagnosis and prognosis. Soft tissue injuries, concussions, and back pain evolve over weeks. Delayed injury symptoms after a car accident are real. You should see a doctor even after a minor accident to document complaints. If you ask, should I see a doctor after a minor accident, the answer is yes if you felt any pain, stiffness, headaches, or anxiety in the days after. Early records tie your symptoms to the crash.
Medical bill hierarchy. PIP, med pay, and health insurance each play roles. Med pay vs PIP differs by state and policy; PIP often covers lost wages and medical regardless of fault up to limits, while med pay is limited to medical. When medical bills exceed insurance coverage, what now depends on available bodily injury liability coverage, UM/UIM limits, and your health insurance. Coordinate benefits and track balances.
Documentation. Insurers need records, bills, and sometimes prior records to evaluate causation. Provide what is relevant, not five years of unrelated history. If an insurer wants everything under the sun, push back with a narrower authorization focused on pre‑existing conditions to the same body parts, if any.
Pain and suffering. Can you claim for pain and suffering without a lawyer? Yes, but valuation is nuanced. Adjusters use ranges based on treatment type, duration, objective findings, and comparative negligence. Serious injury thresholds in no fault states govern whether you can claim non‑economic damages. Trying to squeeze a fast settlement here often means leaving money on the table.
UM/UIM. If an uninsured motorist hit you or you have a hit and run, what to do is notify your insurer immediately and document injuries within policy deadlines. UM/UIM claims can require sworn statements and EUOs. Missed notice provisions can derail valid claims.
Deadlines that matter more than most people realize
There are two clocks: policy notice deadlines and legal claim deadlines. Miss either, and even strong claims can die.
Notice. Policies often require prompt notice, sometimes in writing. That can be measured in days or weeks. If you sit on a claim because damage looks minor and the other driver promises to pay, you risk missing internal deadlines. When you discover hidden damage after a car accident, notify immediately.
Civil statutes. Statutes of limitations for car accident claims vary from one to six years depending on state and claim type. Time limits to sue after a car accident can be shorter for claims against government entities. For PIP benefits, some states have shorter claim deadlines. If you are asking how long after a car accident you can file a claim, call your carrier now and calendar the civil deadline separately. Do not let negotiation lull you past the date.
Demand letters. A solid demand letter to insurance can motivate movement. Lay out liability, injuries, bills, lost wages, and a reasonable settlement range supported by evidence. If you are wondering how to write a demand letter to insurance, include photos, medical summaries, and prior comparable verdicts only if they are truly comparable. Keep it professional, concise, and anchored in facts.
When the adjuster stops calling back
Silence can mean an overloaded desk, a missing document, a supervisor hold, or a strategic stall. If the insurance company is ignoring your calls, escalate: email the adjuster and copy the supervisor, reference claim numbers, and list the outstanding items. If there is an insurance denied claim for no reason or the insurance changed their mind on a claim without new evidence, request the denial basis in writing. Regulators take written denials seriously. If the insurer says the accident was your fault but it was not, respond point by point with evidence. Claims move when paper trails are clear.
DIY negotiation vs hiring counsel
Plenty of people settle property damage and minor injury claims on their own. Others hit walls where a car accident lawyer or a car accident law firm can change leverage. Here is a practical way to decide.
- Get a lawyer now if fault is contested with injuries, if you face a contributory negligence bar, or if you see signs of insurance bad faith. Examples include an insurer refusing to consider clear dash cam evidence, lowballing total loss value far below market data, or ignoring statutory first‑party deadlines. Consider counsel if your injuries go beyond a few weeks of conservative care, if you have lost wages, or if future treatment is likely. The attorney’s fee may be offset by better valuation of pain and suffering and protection from comparative negligence arguments. Go solo when damages are limited to property, liability is admitted, and you are comfortable negotiating total loss comps or repair supplements. You can negotiate an insurance settlement yourself in those scenarios. Just keep the statute clock in sight.
Practical steps that actually speed claims
Small actions add up. These are the things I ask clients to do within the first 72 hours and then over the next two weeks.
- Gather and send: police report number, photos of all vehicles and scene, dash cam file, witness contacts, repair estimates, and insurance declarations pages. Provide a clean, single email thread with labeled attachments. Get medical attention promptly and follow up. Tell providers exactly how the crash happened and what hurts. Keep a simple log of symptoms and missed work. Precision in early records saves weeks later. Choose a body shop with experience in your make. Ask about their supplement turnaround times and whether they handle electronic approvals with your insurer. Fast shops send real‑time supplements. Set communication expectations with adjusters. Ask for their email, phone, and best time to reach them. Confirm every call with a short recap email listing next steps and dates. Calendar key dates: medical appointments, rental coverage max, diary times to check on records requests, and applicable statutes. Accountability keeps momentum.
Common edge cases and how to steer through them
No police report. A claim can still succeed without a police report. Provide photos, timelines, and any available third‑party verification like a store camera or a repair estimate with impact notes. Expect a tougher liability discussion, but not an automatic denial.
No rental coverage and the other insurer has not accepted liability. You can pay out of pocket and seek reimbursement later, but set expectations in writing. Keep receipts and mileage if you use a personal second vehicle.
Aftermarket vs OEM parts. If safety systems or ADAS calibrations are involved, argue for OEM parts based on manufacturer procedures. Provide technical bulletins if available. Insurers will not always agree, but they are more likely to approve OEM where calibration or crashworthiness is at stake.
Cash out vs repair. In many first‑party claims, you can elect a cash payment instead of repair. That can speed closure if you have alternative transportation. Be aware that hidden damage is your risk after a cash out.
Medical bills stacked above policy limits. If medical bills exceed the at‑fault driver’s liability limits, check your UM/UIM and PIP or med pay. Health insurance can cover the rest but may assert a lien. A lawyer can reduce liens, which directly increases your net.
What a fair settlement looks like, and why checks take time
People ask, what is a fair settlement for a car accident or how much should I settle for. There is no universal number. Fairness hinges on liability strength, medical treatment type, pain duration, lost wages, future care, and venue. Average car accident settlement figures vary widely and are not particularly helpful. Focus on your evidence.
Once you reach agreement, how long does it take to get a settlement check depends on release processing, lien checks, and mail times. Two to four weeks is common. If you ask why is my settlement taking so long after signing, the holdup is usually a lien verification from a hospital or health plan, or a supervisor sign‑off on larger checks.
When delay crosses the line into bad faith
Not every delay is bad faith. But certain patterns raise flags in first‑party claims:
- Unexplained inaction beyond statutory deadlines after you have provided all requested documents. Repeated requests for the same records without reason. Refusal to explain a denial in writing or to cite policy language. Fabrication or misstatement of coverage terms.
If you document these patterns, a car accident attorney can evaluate a bad faith angle. In California, for instance, first‑party bad faith law is well developed. Texas has prompt payment penalties for certain first‑party delays. Remedies and standards vary by state, so the venue matters.
Final thought: your leverage is information and timing
Most claim delays are solvable. The quickest resolutions come when you control the facts, anticipate the adjuster’s next question, and keep the legal clock in view. If the other driver’s insurance will not pay, use your own coverage where it helps, then let the insurers fight subrogation. If a total loss valuation misses the mark, respond with accurate comps and documented options. If your PIP or med pay is questioned, supply clean billing and relevant records, not your entire medical history.
When the situation outgrows your time or comfort, that is the moment to ask, should I get a lawyer after a car accident. The right lawyer will not make a simple claim complicated. They will make a complicated claim orderly, keep the pressure on when deadlines matter, and protect you from the quiet ways value leaks out of a case.