By: Jonathan Ashton, Personal Injury Lawyer and Partner
Gallon, Takacs & Boissoneault
Serving Clients Across Northwest Ohio, Southeast Michigan, and Northeast Indiana
What If the Insurance Company Is Delaying Your Claim?
The phone call usually goes something like this.
Someone was hurt in a car accident two months ago. They reported the claim right away. They have been going to physical therapy three times a week. They have done everything they were supposed to do. And every time they call the adjuster, they get the same answer:
“We’re still reviewing your claim.”
By the time they call our office, they are frustrated, confused, and starting to feel real financial pressure. Bills have arrived. Some paychecks have been missed. And they are wondering whether the insurance company delaying their claim is normal, or whether something has gone wrong.
If that sounds familiar, this article is for you.
When insurance delays injury claims, injured people are often left dealing with medical bills, missed income, unanswered calls, and pressure to accept less than their case may be worth. Some delays happen because the insurance company is reviewing medical records, investigating fault, or waiting for treatment updates. Other delays may be strategic, especially when the adjuster stops communicating, repeatedly asks for the same information, or makes a low offer before treatment is complete.
In Ohio personal injury claims, timing matters. The longer a claim sits unresolved, the more pressure an injured person may feel to settle before the full impact of the injury is known. Understanding the difference between a normal delay and a warning sign can help protect your claim before important decisions are made.
Why Is the Insurance Company Delaying My Claim?
What Do Liability, Causation, and Settlement Mean in an Injury Claim?
In a personal injury claim, liability means legal responsibility for the accident. If the insurance company disputes liability, it may argue that its insured was not fully at fault, or that you share some responsibility for what happened.
Causation means the connection between the accident and the injuries being claimed. Insurance companies often focus on causation when there are prior medical conditions, delayed symptoms, gaps in treatment, or injuries involving the neck, back, shoulders, or other areas where symptoms may develop over time.
A settlement is the final agreement that resolves the claim. In most cases, once a settlement release is signed, the injured person gives up the right to ask for more money later, even if additional medical problems, lost wages, or future limitations appear after the claim is closed.
What Are the Warning Signs That a Delay Is Intentional?
Every case is different. Still, certain patterns appear often when an insurance company may not be acting in good faith.
The adjuster goes quiet. Early in the claim, communication may seem reasonable. Then calls go unreturned. Emails receive vague replies or no response at all. Promised updates never arrive. This change in communication is often the first warning sign.
You keep being asked for things you already sent. Updated records may be needed when treatment continues. But repeated requests for the same documents can be a stalling tactic, especially when the insurance company does not explain why the information is needed again.
The claim stays “under review” indefinitely. A review period is expected. A review period that lasts months without meaningful updates is not.
A low offer appears suddenly, before treatment is over. This is one of the clearest warning signs. The insurance company may spend months with little communication and then move quickly when it wants to settle. If the offer comes before treatment is complete, before future care is clear, or before the full impact of the injury is known, the timing may not be a coincidence.
“One of the most common mistakes an accident victim might make is accepting a settlement before they understand the full extent of what they are dealing with. Once a claim is resolved, there is seldom an opportunity to go back and ask for more.” — Jonathan M. Ashton, Partner, Gallon, Takacs & Boissoneault Co., L.P.A.
Common Mistakes That Can Hurt Your Case
Should I Sign the Insurance Medical Release?
This question deserves its own section because the answer is not as simple as it might seem.
When an insurance company sends a medical authorization form, many people assume it is routine and sign it without reading it carefully. That can be a serious mistake.
Broad medical authorizations can give an insurance company access to years of your medical history, records that have nothing to do with the accident, the injuries, or your current treatment. Adjusters sometimes use that access to go looking for prior conditions, old complaints, or anything else they can use to argue that your current injuries are not as serious as you claim, or that the accident did not cause them.
“Signing a blanket medical release is one of the most common ways an injury victim inadvertently gives insurance companies ammunition to use against their own claim. The insurer does not need your entire medical history. They need records related to this accident and these injuries.” — Jonathan M. Ashton, Partner, Gallon, Takacs & Boissoneault Co., L.P.A.
Before signing any medical authorization, it is worth understanding exactly what access you are providing. An experienced personal injury attorney can help identify which records are genuinely relevant, how to provide appropriate documentation without opening up years of unrelated history, and whether a particular request is overly broad.
That guidance is not a technicality. It can meaningfully affect the value of your claim.
How Can a Delay Hurt My Case?
People sometimes assume a delay is only inconvenient. They may believe the claim will eventually be resolved, and nothing is lost by waiting. That assumption deserves a closer look.
Medical bills do not wait. Physical therapy, follow-up appointments, imaging, and medications can create financial stress quickly. That pressure often builds before the insurance company evaluates the full value of the claim.
Financial pressure changes decision-making. Someone current on bills can wait for a fair resolution. Someone facing collections, missed income, or mortgage pressure may feel forced to accept less than the claim is worth.
Evidence can also weaken over time. Witnesses move. Memories fade. Surveillance footage may be deleted. Accident scene conditions can change. The strongest documentation is often gathered soon after the accident.
You may not know the full picture yet. Some injuries take time to understand. Future treatment needs may not be clear early in the claim. Accepting a settlement too soon may leave out what is still ahead.
Should I Just Accept the Offer and Move On?
This is one of the most common questions we hear, usually from someone who is exhausted, stressed, and ready for the process to be over.
You should not accept a settlement offer unless it reflects your medical treatment, lost income, future care needs, pain, limitations, and the full impact of the injury.
Settlement offers that arrive before treatment is complete or before future care is evaluated are often not based on the full value of the claim. A settlement that feels like relief today can feel very different months later if additional treatment is needed and there is no way to seek more compensation.
That does not mean every case needs to go to trial. Most do not. But there is an important difference between settling strategically when the offer is fair and settling out of desperation because the wait has become unbearable.
What Should I Do While My Claim Is Being Delayed?
Whether the delay turns out to be legitimate or strategic, the steps you take during this period matter.
Keep written records of everything. Save every email, every letter, every claim form. When you speak with an adjuster by phone, write down the date, the name of the person you spoke with, what was discussed, and any commitments that were made. If a dispute arises later, this documentation can be critically important.
Continue your medical treatment. Do not stop treating because the insurance process has become frustrating. Gaps in treatment give insurance companies one of their most effective arguments: that the injuries were not serious, or that you are no longer affected by them. If your doctor has recommended care, follow through.
Document your financial losses. Keep track of missed workdays, reduced hours, lost income, and any sick or vacation time you have had to use because of the injury. Lost wages are a recoverable part of most personal injury claims, but they need to be documented.
Be careful with recorded statements. If an adjuster asks you to give another recorded statement after a delay, that request deserves careful consideration. Additional statements can sometimes be used to find inconsistencies or take answers out of context. You are generally not required to provide them without guidance.
Do not sign anything without understanding it. This applies to medical authorizations, settlement releases, and any other document the insurance company presents. What you sign can affect your rights in ways that are not immediately obvious.
Consider speaking with an attorney. When delays become excessive, when communication has broken down, or when you feel pressured to settle before you are ready, legal representation can make a meaningful difference, not necessarily by filing a lawsuit, but by changing the dynamic of the conversation.
How Does Having an Attorney Change Things?
Insurance adjusters handle claims professionally every day. They are trained in negotiation, they understand claim valuation, and they know which tactics tend to move people toward early settlement.
Most injured people are going through this process for the first time, while also managing pain, medical appointments, missed work, and financial stress. That is not an even playing field.
When an attorney is involved, communication with the insurance company runs through someone who understands the process as well as the adjuster does, someone who can identify delay tactics, push back on unreasonable requests, and assess whether an offer is genuinely fair.
“When someone is injured, their energy should go toward recovery, not toward chasing adjusters, deciphering paperwork, or wondering whether they are being taken advantage of. That is what we are here for.” — Jonathan M. Ashton, Partner, Gallon, Takacs & Boissoneault Co., L.P.A.
Hiring a lawyer does not automatically mean litigation. In many cases, legal involvement simply moves a stalled claim forward and ensures that when a settlement is eventually reached, it reflects what the claim is actually worth.
Attorney Insight: When Delay Becomes a Red Flag
“Insurance companies use delay as leverage. The longer an injured person waits without answers, the more financial pressure builds, and the more tempting it becomes to accept a number that does not actually reflect what the claim is worth.”
— Jonathan M. Ashton, Personal Injury Attorney, Gallon, Takacs & Boissoneault, Serving Northwest Ohio, Southeast Michigan, and Northeast Indiana
A delay becomes more concerning when there is no clear explanation, no meaningful communication, repeated requests for documents already provided, or pressure to settle before treatment is complete. At that point, the issue is not just whether the insurance company is taking too long. The issue is whether the delay is changing the injured person’s ability to make a fully informed decision.
Frequently Asked Questions
Why is the insurance company taking so long?
An insurance company may take longer to resolve a claim because it is reviewing medical records, investigating liability, questioning causation, coordinating multiple policies, or waiting for treatment updates. Delays become more concerning when there are repeated requests for the same information, vague updates, or long periods of silence.
Can the insurance company delay indefinitely?
Not without consequences in many situations. Ohio has regulations governing claim handling timelines, and unreasonable delays may have legal implications. An attorney can evaluate whether a particular delay crosses into improper territory.
Do I have to give another recorded statement?
Not always. The requirements depend on your policy, the type of claim, and the circumstances. Additional recorded statements without preparation can sometimes create problems. It is worth understanding your obligations before agreeing.
Is the first settlement offer the real offer?
Rarely. Initial offers from insurance companies are typically starting points, not reflections of the full value of the claim. Offers that arrive before treatment is complete are particularly worth scrutinizing.
What if I already accepted a settlement?
Once a settlement release is signed, it is generally final. There are narrow exceptions, but they are difficult to pursue. This is one of the strongest reasons to carefully evaluate any offer before accepting it.
What should I do if the insurance adjuster keeps ignoring me?
Keep written records of every contact attempt, including the date, time, method of communication, and any response you receive. If your records, bills, and claim documents have already been submitted and communication has broken down, it may be time to speak with a personal injury attorney.
Can an insurance delay lower the value of my claim?
An insurance delay does not automatically lower the value of a claim, but it can create problems if it leads to gaps in treatment, lost documentation, weaker witness memory, or pressure to accept a settlement before the full value is known.
Delayed Injury Claim Lawyer
If the insurance company is delaying your injury claim, ignoring your calls, requesting the same records again, or pressuring you to accept a settlement before your treatment is complete, it may be time to speak with a personal injury lawyer.
Insurance delays can affect more than the timing of your claim. They can create financial pressure, make it harder to document your losses, and lead injured people to accept settlement offers that do not fully account for medical bills, lost wages, future treatment, pain and suffering, or the long-term impact of the accident.
For more than 70 years, Gallon, Takacs & Boissoneault has helped injured people deal with insurance companies after serious accidents. Our personal injury lawyers help clients understand whether a delay is normal, whether the insurance company is acting unfairly, and what steps may be needed to protect the value of the claim.
We represent injured clients across Northwest Ohio, Southeast Michigan, and Northeast Indiana in personal injury claims involving car accidents, truck accidents, motorcycle accidents, pedestrian accidents, serious injuries, and disputed insurance claims.
If your injury claim is being delayed, do not wait until the insurance company controls the timeline. Call Gallon, Takacs & Boissoneault at 419-843-6663 for a free consultation.
Call us. We can help.
Jonathan Ashton, Partner and Personal Injury Attorney, began his law career at GT&B in 2007 as a law clerk. He was hired as an associate immediately after passing the Ohio Bar in 2008. Jonathan practices in Personal Injury, representing clients who have been injured and need justice and compensation for them to move forward in their lives.
