Let’s be honest – dealing with insurance companies after a car accident can feel like trying to get a straight answer from a politician during election season. You’re already dealing with injuries, car repairs, and maybe even missing work, and then your insurance company starts playing games with your claim. Sound familiar?
If you’ve been in a car accident in Denver and your insurance company seems to be dragging their feet, you’re definitely not alone. It’s a common frustration. In recent years, we’ve seen a significant number of claims across the metro area get delayed well beyond 90 days. But here’s the thing – some delays are legitimate, while others are straight-up tactics designed to frustrate you into accepting less money than you truly deserve.
I’ve seen this story play out countless times, and I want to help you spot the difference between a genuine delay and when you’re being taken for a ride.
Why Insurance Companies Love Playing the Waiting Game
Before we dive into the red flags, let’s talk about why insurance companies delay claims in the first place. It’s not rocket science – it’s all about money.
When an insurance company holds onto your money longer, they get to keep earning interest on it. Meanwhile, you’re stuck with medical bills, a damaged car, and mounting expenses. The longer they wait, the more desperate you might become, and desperate people often accept lowball settlements just to get some cash in hand.
It’s also a numbers game for them. Insurance companies know that a certain percentage of people will simply give up if the process gets too frustrating or complicated. They’re betting that you’ll either walk away or accept whatever crumbs they throw your way.
Pretty cynical, right? But that’s the reality of the insurance business.
Red Flags That Your Claim is Being Deliberately Delayed
The Silent Treatment
This one’s probably the most obvious but also the most infuriating. You call your adjuster, leave a voicemail, and then… crickets. You call again a week later, and they’re “in a meeting” or “out of the office.” You get the picture.
A legitimate insurance company should return your calls within 24-48 hours, max. If you’re consistently getting the runaround or having to chase them down for basic updates, that’s a huge red flag. They’re basically hoping you’ll just go away.
The “Still Under Review” Broken Record
We’ve all heard this one: “Your claim is still under review.” Week after week, month after month. Now, some claims do require thorough investigation, especially if there’s a question about fault or the extent of damages. That’s normal. But if your claim has been “under review” for months with no specific explanation of what they’re actually reviewing, you’re being stalled. It’s like they’ve hit the pause button on purpose.
Fault-Shifting Games
Here’s where things get really sneaky. Your insurance company might suddenly decide that actually, you were partially at fault for the accident – even when the evidence clearly shows otherwise. They’ll nitpick every detail of the police report or claim you were speeding, not paying attention, or somehow contributed to the crash.
This is often a delay tactic designed to complicate your claim and justify offering you less money. In Colorado, we follow a modified comparative fault rule, which means if you’re found to be 50% or more at fault, you can’t recover damages. Insurance companies know this and will sometimes try to pin more fault on you than is justified. Don’t let them rewrite history!
The Paperwork Avalanche
Suddenly, your insurance company needs seventeen different forms of documentation, including some obscure medical records from five years ago or surveillance footage that probably doesn’t exist. While some documentation requests are legitimate, excessive demands for unnecessary or nearly impossible-to-obtain documents are often delay tactics.
I’ve seen cases where insurance companies asked for security camera footage from businesses that had already recorded over their files, or medical records from doctors who had retired years earlier. It’s like they’re setting up obstacles they know you can’t clear, hoping you’ll just give up.
The Lowball Lightning Strike
This might seem counterintuitive, but sometimes insurance companies will make a super quick, lowball settlement offer. They’re hoping you’ll be so relieved to get any money that you’ll accept their first offer without realizing it’s probably 60% below what your claim is actually worth.
This is especially dangerous if you’re still receiving medical treatment or haven’t fully recovered from your injuries. Once you accept a settlement, that’s it – you can’t come back later if your injuries turn out to be more serious than initially thought. Don’t let them rush you!
More Subtle Warning Signs
The Injury Minimization Dance
Your doctor says you have a significant soft tissue injury that will require months of physical therapy, but the insurance adjuster keeps referring to it as “minor soreness” or suggesting you should be “back to normal” by now. They’ll act like your pain is all in your head.
Insurance companies love to downplay injuries, especially soft tissue injuries that don’t show up clearly on X-rays. They’ll act like you’re exaggerating your pain or that your ongoing symptoms aren’t related to the accident. Don’t let them gaslight you about your own body.
The Pre-Existing Condition Blame Game
This one’s particularly frustrating. Let’s say you had some minor back issues years ago, and now you’re dealing with serious back pain after your car accident. The insurance company will try to blame all of your current pain on your pre-existing condition, even if the accident clearly made things much worse.
While pre-existing conditions can complicate claims, Colorado law is clear that you can still recover damages if an accident aggravated or worsened a pre-existing condition. They can’t just wipe their hands of it because you had an old ache.
Social Media Surveillance
Here’s something that might surprise you – insurance companies are absolutely monitoring your social media accounts. They’re looking for any photos or posts that might contradict your injury claims. Posted a picture of yourself at your kid’s soccer game? They’ll argue you can’t be that injured. Checked in at a restaurant? Clearly you’re not suffering as much as you claim.
This isn’t necessarily a delay tactic, but it’s something they use to justify lower settlements or claim denials. Just be aware that Big Brother is watching!
The Recorded Statement Trap
Early in the claims process, your insurance company might ask for a recorded statement about the accident. While this seems routine, be careful. These statements are often used against you later to justify lower payouts or claim denials.
They might ask leading questions or try to get you to admit fault or downplay your injuries. Remember, you’re probably still in shock, on pain medication, or dealing with the immediate aftermath of the accident – not the best time to give a statement that could affect your entire claim. Think before you speak, or even better, speak to a lawyer first.
Legal Remedies When Insurance Companies Play Dirty
Document Everything
I can’t stress this enough – keep records of everything. Every phone call, every email, every piece of correspondence with your insurance company. Note the date, time, who you spoke with, and what was discussed. If they make promises, get them in writing.
This documentation becomes incredibly valuable if you need to file a complaint or take legal action later. It shows a pattern of behavior and can help prove that the insurance company was acting in bad faith. Your paper trail is your best friend.
Know Your Rights Under Colorado Law
Colorado has specific laws about how quickly insurance companies must respond to claims and what constitutes bad faith behavior. Insurance companies are required to acknowledge your claim within a reasonable time, investigate it promptly and thoroughly, and either pay or deny the claim within a reasonable period.
If they’re violating these requirements, you might have grounds for a bad faith claim, which could result in additional damages beyond your original claim. That means they could owe you more for messing with you.
File a Complaint with the Colorado Division of Insurance
If your insurance company is consistently delaying or denying your claim without good reason, you can file a complaint with the Colorado Division of Insurance. They’ll investigate your complaint and can take action against insurance companies that violate state regulations.
While this won’t necessarily speed up your individual claim, it creates an official record of the insurance company’s behavior and can lead to regulatory action that helps other consumers. It’s a way to hold them accountable.
Consider Legal Representation
Look, I get it – nobody wants to hire a lawyer if they don’t have to. Lawyers can be expensive, and the whole legal process seems intimidating. But here’s the thing: if your insurance company is playing games with your claim, having an experienced attorney on your side can level the playing field quickly.
Most personal injury attorneys work on a contingency fee basis, meaning you don’t pay attorney fees unless they recover money for you. And often, the amount they can recover for you is significantly more than what you would have gotten on your own, even after paying attorney fees. It’s often worth it.
At McCormick & Murphy, P.C., we’ve been dealing with insurance company tactics for over 60 years of combined experience. We know all the games they play, and we know how to counter them. Our office is located at 1547 N Gaylord St UNIT 303, Denver, CO 80206, and we handle most personal injury claims on a contingent fee basis.
The reality is that insurance companies often treat represented claimants very differently than unrepresented ones. They know that attorneys understand the law, won’t be intimidated by delay tactics, and are prepared to take the case to court if necessary. Having a lawyer often gets their attention.
What to Do Right Now
Don’t Accept Quick Settlement Offers
If an insurance company is pressuring you to accept a quick settlement, especially while you’re still receiving medical treatment, don’t do it. Take time to understand the full extent of your injuries and damages. You can’t undo a settlement once you’ve signed it. No take-backs!
Don’t Give Recorded Statements Without Legal Advice
You’re generally required to cooperate with your own insurance company’s investigation, but you’re not required to give recorded statements to the other party’s insurance company. And even with your own company, consider consulting with an attorney first.
As we’ve discussed in our FAQ about giving recorded statements to insurance companies, these statements can be used against you later in ways you might not expect. Protect yourself.
Keep Detailed Records
Start a file with all your accident-related documents. Include the police report, medical records, receipts for expenses, correspondence with insurance companies, and notes about your symptoms and how they’re affecting your daily life. The more organized you are, the stronger your position.
Don’t Post on Social Media
I know it’s hard, but try to limit your social media activity while your claim is pending. Insurance companies are definitely watching, and even innocent posts can be taken out of context and used against you. It’s just not worth the risk.
Get Medical Treatment and Follow Your Doctor’s Advice
This might seem obvious, but it’s important to get proper medical treatment for your injuries and follow your doctor’s recommendations. Insurance companies will use any gaps in treatment or failure to follow medical advice against you. Show them you’re serious about your recovery.
When Delays Become Bad Faith
There’s a difference between a legitimate delay and insurance bad faith. Bad faith occurs when an insurance company unreasonably delays or denies a claim without proper justification. In Colorado, this can include:
- Failing to acknowledge or respond to your claim within a reasonable time
- Failing to investigate your claim properly
- Refusing to pay a claim without conducting a reasonable investigation
- Offering substantially less than what a reasonable person would believe the claim is worth
- Attempting to settle a claim based on an application that was altered without notice
If you believe your insurance company is acting in bad faith, you might be entitled to damages beyond your original claim, including attorney fees and costs. It’s a serious matter, and the law has your back.
We’ve written extensively about when your insurance company plays dirty and how to challenge an insurance company’s decision in bad faith cases.
The Bottom Line
Dealing with insurance companies after a car accident is never fun, but you don’t have to accept unreasonable delays or unfair treatment. Trust your instincts – if something feels off about how your claim is being handled, it probably is.
Remember, insurance companies are businesses, and their primary goal is to make money, not to make sure you’re fairly compensated for your injuries. They have teams of adjusters, investigators, and lawyers working to minimize what they pay out. You deserve to have someone fighting for your interests too.
If you’re dealing with insurance company delays or denials in Denver, don’t suffer in silence. The longer you wait, the harder it can be to build a strong case. Document everything, know your rights, and don’t be afraid to seek legal help if you need it.
At McCormick & Murphy, P.C., we’ve been helping Denver accident victims deal with insurance company tactics since 1995. You can reach us at (888)-668-1182, or check out our professional services profile to learn more about our experience and client reviews.
Your insurance claim shouldn’t be a battle, but if it becomes one, make sure you’re properly armed for the fight. You’ve already been through enough – you deserve to have someone in your corner who knows how to get you the compensation you’re entitled to.
And remember, if you’re dealing with other injuries from your accident, like post-concussion syndrome or PTSD after a collision, these conditions can significantly impact your claim value and recovery time. Don’t let an insurance company minimize the real impact this accident has had on your life.
You’ve got this – and if you need help, we’ve got your back.
