Auto Insurance Company Delay Tactics

Auto Insurance Company Delay Tactics

Auto insurance company delay tactics

Auto insurance companies are supposed to help car accident victims get back on their feet.

Yet, many injured drivers find that instead of prompt support, they encounter stalling and delay tactics.

Major insurers – including industry giants like GEICO, State Farm, Allstate, and others – sometimes use strategies that slow down claims.

These practices can range from unexplained denials and endless paperwork requests to repeated demands for recorded statements.

This article explores common delay tactics in auto accident insurance claims, with real examples illustrating how they work. We’ll also touch on Texas-specific insights, including laws and court considerations, to give you a balanced understanding of why these delays happen and how they’re addressed.

Why Do Insurance Companies Delay Claims?

Insurance companies are businesses driven by profit.

Every dollar not paid out in claims is a dollar saved (or earned) for them.

Delaying a payout can financially benefit the insurer – for example, by earning interest on money held in reserve or hoping the claimant will settle for less under pressure.

In fact, consumer advocates have noted that some insurers deliberately stall even valid claims to pressure policyholders. A 2022 letter from Texas consumer groups to regulators cited an insurance defense firm’s advice that “delaying a claim puts pressure on policyholders”, as mounting bills and stress can push people to accept lower settlements.

There’s even a well-known phrase in the industry: “Delay, Deny, Defend.”

A CNN investigation revealed that in the 1990s, consultants encouraged insurers to adopt this hardball approach – deliberately stalling claims, denying valid payouts, and defending aggressively if challenged.

Internal documents from one major insurer (Allstate) showed a strategy of giving “good hands” service (fast settlements) only to those who quickly accept a low offer but putting on “boxing gloves” (drawn-out delays and fights) if a claimant sought full compensation.

In other words, if you push back on a low offer, some insurers will drag their feet even more, knowing many people will give up or compromise out of frustration or financial need.

Of course, not every delay is nefarious – sometimes genuine issues (like complex accidents or high claim volumes) can slow things down. But if you feel like your straightforward auto accident claim is taking far too long with weak explanations, you may be encountering deliberate delay tactics.

Below are some of the most common strategies to watch for.

Common Delay Tactics in Auto Accident Insurance Claims

Insurance companies employ a variety of tactics to pump the brakes on paying accident claims.

Being able to recognize these behaviors can help you respond appropriately.

Here are several common delay tactics – including the ones often seen in Texas car accident cases – and how they impact your claim:

1. Excessive or Unnecessary Documentation Requests

One of the most common stalling tactics is when an insurer keeps asking for more paperwork – sometimes the same documents more than once, or items that seem irrelevant.

For example, you might dutifully submit the police accident report, medical records, repair estimates, and proof of income, only for the adjuster to claim they “need” additional records that have little to do with your accident.

Insurers often request excessive, unnecessary documentation under the pretense of thoroughness, when in reality it’s a way to slow down the process. This forces you into a tedious cycle of gathering and sending paperwork, delaying the claim’s resolution.

Such repeated documentation requests can be frustrating and time-consuming. In some cases, the insurer might even “lose” documents and ask you to resend them or continually ask for more details piece by piece.

All the while, your claim isn’t moving forward. As a result, bills might be piling up while you’re stuck waiting.

The end goal of this tactic is often to wear you down so that you either give up or accept a lower payout just to get things over with.

Remember: while you should promptly provide all reasonable information related to your auto accident (and keep records of what you send), be aware when the requests start to seem like overkill.

It may be a deliberate delay strategy rather than a genuine need.

2. Unexplained Denials or “Investigation” Delays

Another tactic is when an insurer denies your claim (or part of it) without a clear or valid reason or drags out the investigation phase indefinitely.

In an ideal world, insurance adjusters thoroughly investigate a car accident – reviewing the police report, witness statements, photos, and other evidence – and then make a fair decision.

In bad faith scenarios, however, some companies deny claims without proper investigation.

They might send a quick denial letter citing a vague policy exclusion or blaming you without evidence. This puts the burden back on you to prove your claim’s validity, causing further delay while you appeal or provide additional proof.

In some cases, an adjuster might not outright deny the claim but will repeatedly say the claim is “under review” or “under investigation” for an excessive period. They could claim they’re waiting on information that isn’t truly necessary or “misinterpret” policy language to justify not paying promptly.

For instance, an insurer might allege a technicality – like claiming your policy doesn’t cover a certain type of injury when it actually does – as an excuse to stall.

Misrepresenting policy provisions (saying something isn’t covered when it really is) is another ploy that leads to unwarranted delays.

These unexplained denials or drawn-out investigations often violate the spirit of insurance laws.

If an insurer fails to promptly, fairly, and equitably settle a claim when liability is reasonably clear, they’re not acting in good faith (which Texas law expressly prohibits).

Nevertheless, the tactic persists because a sudden denial can intimidate claimants. Some people won’t challenge a denial, effectively saving the insurer money. Those who do fight back must spend more time and possibly legal resources to get the decision reversed – a win for the company in terms of delay.

Always scrutinize the reason given for a denial.

If it’s unclear or doesn’t make sense given the facts of your auto accident, you could be encountering a bad faith delay tactic.

3. Repeated Demands for Recorded Statements

Not long after you file an auto accident claim, it’s common for the adjuster to ask you to give a recorded statement about what happened. They might even suggest that your claim can’t proceed until you do so.

While it may sound like a routine part of the process, be cautious: insurers often use recorded statements to protect themselves, not you.

In fact, you typically are not obligated to provide a recorded statement to the other driver’s insurance company – but some adjusters won’t mention that. They know that anything you say on a recorded line can be cherry-picked later to undermine your claim.

For example, GEICO adjusters are notoriously aggressive in pursuing recorded statements, implying it’s required for the claim.

In reality, “GEICO doesn’t need a recorded statement to process your claim; they need it to minimize their payout.”

The same goes for many insurers: the request is less about gathering facts (they often have the police report and your written statement already) and more about hoping you’ll say something that can be used against you.

If you mention you’re “feeling okay” in passing, they might later argue you weren’t really hurt. If your recounting of the crash has a minor discrepancy, they could pounce on it to dispute liability or delay further while they “investigate” the inconsistency.

Some insurers may even try to get multiple statements or catch you off guard with repeated questioning over weeks or months. Each recorded Q&A session is another opportunity for them to twist your words or claim they need to “clarify” details (buying more time).

One legal resource warns that adjusters seek recorded statements early and then later use them to spot any discrepancies as an excuse to justify a lower payout.

The balanced view here: if it’s your own insurer (for example, you’re making an uninsured motorist claim under your policy), you might have to give a statement as part of your contract – but you should still be careful and likely consult an attorney first.

If it’s the other driver’s insurer (like GEICO for the at-fault driver), you have no legal duty in Texas to give a recorded statement, and doing so only serves the insurer’s interests.

In summary, repeated demands for recorded statements are a classic delay and deny tactic in auto claims. The insurer is building a case to pay you less, all while postponing actual payment on the claim.

4. The “Silent Treatment” – Lack of Communication

Sometimes the delay tactic is as simple as the adjuster going radio silent.

You’ve submitted your claim and all documentation, but now your calls or emails to the insurance company go unanswered for weeks.

This is essentially an insurer’s “waiting game” – and many frustrated car accident victims have been left in this limbo. In one case, a claimant endured “weeks without responses to their inquiries or updates on the claim’s progress.” The prolonged silence stalled the settlement and amplified the person’s emotional and financial stress during recovery.

By not communicating, the insurer keeps you guessing.

You might start to wonder if there’s a problem with your claim, or you may become increasingly desperate as medical bills and lost wages mount with no relief in sight.

This intentional lack of responsiveness is designed to wear you down.

The insurer knows that a policyholder who can’t get a straight answer might eventually accept any offer just to end the uncertainty. It’s a subtle form of pressure: “We’ll get back to you… (someday).” In the meantime, you wait, and wait – or perhaps you stop calling, which is even better for them.

If you find yourself in this situation, continue documenting every contact attempt. Insurers have an obligation to respond within a reasonable time.

In Texas, insurance regulations require timely communication. As an example, Texas law gives an insurer 15 business days to acknowledge a claim and a similar window to investigate and make a decision once they have all your info.

While some delays can be excused if there’s a valid reason and communication, simply ignoring a claimant is not acceptable.

Recognizing the “silent treatment” as a tactic can help you stay proactive – by escalating the issue to a supervisor, filing a complaint with regulators, or consulting an attorney – rather than quietly enduring it.

5. Changing Adjusters and Shifting Explanations

Another maneuver that creates delays in auto accident claims is the frequent changing of your claims adjuster or shifting the rationale for why the claim hasn’t been paid yet.

You might start with Adjuster A, who requests a bunch of documents.

Then, just when you think you’re making progress, you’re suddenly reassigned to Adjuster B – who says they need time to “get up to speed” on your case.

Later, there might even be an Adjuster C.

Each hand-off can restart the clock on parts of the claims process, causing significant delay.

Insurers sometimes do this intentionally; by rotating adjusters, they can claim internal reasons for slow movement (“we’re reviewing your file anew”) which obscures the fact that your claim is being stalled. It also creates confusion – you might not know who to contact or have to re-explain details to the new person, etc.

Similarly, you may notice the insurance company keeps shifting its explanations for the holdup.

For example, first they say they’re waiting on a police report (even though you provided it), next they say a supervisor must review liability, later they mention they need an internal committee to approve high-dollar claims, and so on.

While legitimate procedural steps exist, a constantly changing story can signal stalling.

This tactic overlaps with others: it often comes paired with claims of miscommunication (e.g., “we didn’t receive that document, please send again”), or with policy misinterpretation (e.g., “upon further review, we think this might fall under exclusion X, which will require another review”).

The bottom line is that by keeping you off-balance with new adjusters or new justifications, the insurer delays the resolution.

If you sense that your claim is being shuffled around without progress, ask questions like: “Why was my adjuster changed?” “What exactly are we waiting on now, and why wasn’t this issue raised earlier?”

Getting a consistent answer can be difficult when delay tactics are at play – which is exactly why insurers use them.

6. Lowball Offers Coupled with Delays

Many auto insurance claims see an early, low settlement offer – perhaps before you even finish medical treatment.

Insurers often test the waters to see if you’ll take, say, $5,000 when your claim could be worth five times that.

If you decline the lowball offer and demand fair compensation, you may suddenly experience the other tactics we’ve discussed: more questions, slower responses, and a general slowdown in processing.

This one-two punch is part of a larger strategy: the company can say, “Well, we tried to settle quickly, and you refused.” Now they have an excuse (however unjustified) to drag their feet, because you didn’t accept their quick payout.

Historically, some insurers have explicitly embraced this approach.

Allstate, for example, had internal guidelines (developed in the 1990s) that essentially said: if a claimant accepts the initial offer, pay them fast (targeting settlement within about 180–200 days); but if they refuse and push for more (especially if they hire a lawyer), then delay and fight – even if it takes three years or more to resolve.

In other words, reward those who take the lowball offer and punish those who don’t, by making them wait. While insurers don’t openly say this to customers, evidence of this philosophy has come out in court and media reports.

For claimants, this means if you stand up for a higher amount, be prepared for potential delays.

It’s not right or fair, but it happens.

The insurer may suddenly dispute aspects of your claim they seemed fine with before, or they might say they need “further review by our legal department,” etc. This tactic is overly adversarial, and Texas courts have recognized that intentionally stringing someone along after liability is clear can constitute bad faith.

For example, failing to make a prompt, fair settlement offer when it’s obvious their driver was at fault violates Texas Insurance Code provisions.

Realistically, you might need an attorney’s help at this point. But even if you’re handling it on your own, understanding this game is being played can strengthen your resolve not to cave in.

If the first offer was unjustifiably low, you have every right to pursue the proper amount – and there are legal avenues to hold the insurer accountable if their delays cross the line into bad faith.

Texas Laws and What You Can Do About Delays

Texas insurance law provides some protections for policyholders facing these kinds of issues.

Insurers in Texas must adhere to the Prompt Payment of Claims Act, which sets strict timelines for claim handling.

For instance, after you file an auto accident claim, a Texas insurer generally has 15 days to acknowledge it and request any needed info, then 15 business days to review all documentation and make a decision (accept or deny) once you’ve provided everything requested.

If they need more time to investigate, they can extend by 45 days, but they must notify you and explain why.

Once a claim is approved, payment is supposed to be issued within 5 business days. Unreasonable delays beyond these deadlines can trigger penalties.

Under the Texas Insurance Code, an insurer that drags its feet without justification may owe you interest on the delayed amount, plus your attorney fees if you had to sue to get paid. In short, Texas law tries to take the profit out of delay by making it costly for insurers who are caught violating the rules.

Additionally, Texas recognizes a duty of good faith and fair dealing.

Insurers are prohibited from knowingly engaging in unfair settlement practices, such as not attempting a prompt, fair settlement when liability is clear or compelling a policyholder to file a lawsuit by offering substantially less than what a claim is worth.

If an insurer’s delay tactics cross into outright bad faith – for example, denying a valid claim with no reasonable basis or willfully stringing you along – they can be liable for damages far above the policy amount (in serious cases, even punitive damages).

Court decisions in Texas have upheld policyholder rights in such scenarios, although each case is fact-specific.

If you suspect your claim is being unfairly delayed in Texas (or anywhere), here are a few steps to consider:

  • Stay Organized and Document Everything: Keep a log of every phone call (date, time, who you spoke to, and what was said) and save all correspondence. If an adjuster claims, “we didn’t get X document,” you want proof that you sent it. Being able to show a timeline of your cooperation and the company’s delays can be powerful.
  • Be Proactive: Don’t hesitate to politely nudge the insurer for updates. If deadlines pass (e.g., it’s been over 15 business days with no decision or no explanation of why more time is needed), remind them of their obligations. Sometimes just making it clear that you are aware of the rules will prompt more timely action.
  • Ask for Explanations in Writing: If you’re getting the runaround, request that the insurer explain the cause of the delay in writing. This creates a paper trail and can discourage frivolous excuses.
  • File a Complaint with Regulators: When delays become unreasonable, you can contact the Texas Department of Insurance (TDI) to file a complaint. TDI can investigate and put pressure on an insurer. In fact, TDI has authority to punish companies for unfair delays. Even the knowledge that you’re willing to involve regulators may push the insurer to resolve your claim to avoid trouble.
  • Consult an Attorney: Finally, if significant money is at stake or if the delay tactics are egregious, talking to an experienced Texas insurance or personal injury attorney can be a game-changer. Sometimes a firmly worded letter from a lawyer will cause the insurer to take your claim more seriously. And if not, the attorney can advise you on pursuing a bad faith claim or lawsuit. Remember, the law is on your side when an insurer unreasonably delays or denies a legitimate auto accident claim.

The Bottom Line

Dealing with an insurance claim after a car accident is stressful enough without the added complication of delay tactics. Unfortunately, “stall, delay, and deny” behaviors are common across many major insurers.

They might manifest as endless document requests, sudden unexplained denials, persistent demands for recorded statements, unreturned calls, changing adjusters, or dragging things out after you reject a low offer.

While insurers often justify delays as necessary due diligence, patterns like these – especially in a straightforward accident where fault and injuries are clear – can indicate a strategy to minimize what they pay you.

Staying informed about these tactics is your best defense.

When you recognize a delay tactic, you can respond deliberately: keep thorough records, hold the insurer accountable to timelines, and assert your rights. Most insurance companies would prefer to avoid regulatory scrutiny or a bad faith lawsuit, so pushing back (with professional help if needed) can make a real difference.

Above all, don’t lose hope or assume a slow claim is your fault. It very well might be a calculated effort on the insurer’s part.

By educating yourself – as you’ve done already by reading about these common delay strategies – you’re better equipped to navigate the process and obtain the fair outcome you deserve.

Remember, the goal is a prompt, fair resolution of your claim so you can move on with your life, and there are laws in Texas and beyond to help ensure that happens.

Stay patient but persistent, and don’t be afraid to seek help if an insurance company is giving you the runaround.

Jim Adler

Founder, Attorney

Jim Adler, also known as The Texas Hammer®, is an American trial attorney and owner of Jim Adler & Associates. He has been practicing law in Texas in the area of personal injury for 54 years. Jim Adler graduated from the University of Texas School of Law where he received his Juris Doctor degree (J.D.) in 1967. Jim Adler is a member of the State Bar of Texas, American Bar Association (ABA) and American Trial Lawyers Association. He is licensed to practice in the United States Court of Appeals for the Fifth Circuit and U.S. District Courts of Texas. Read More
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