If your insurance claim is stalled, you may feel stuck, stressed, and unsure what to do next. You may be waiting on money for medical bills, lost pay, or car repairs.
Some delays are normal. Insurance companies can review records, ask fair questions, and check the facts. But they cannot drag out your claim for no good reason. Louisiana law gives you rights when an insurance company delays, denies, or underpays a valid claim.
If you are like most of us, you have never hired a Louisiana personal injury lawyer before. And yes, it can feel scary. The attorneys of Loyd J Bourgeois Injury & Accident Lawyer (LJBLegal) explain the process, help you understand your options, and step in when an insurance company is not treating you fairly.
Why Is My Louisiana Insurance Claim Taking So Long?
Waiting for an insurance claim to move forward can be frustrating. You may have medical bills piling up, be missing work, or need money to repair or replace your vehicle. It is natural to wonder whether the insurance company is delaying your claim on purpose.
Sometimes a delay is perfectly normal. The insurance company may still be investigating the accident, reviewing medical records, waiting for repair estimates, or deciding who was at fault. In a personal injury case, it is often best to wait until you reach maximum medical improvement (MMI) before settling. This gives your doctors time to understand the full extent of your injuries and any future medical care you may need. Settling too early could leave you responsible for expenses or ongoing medical treatment that should have been included in your claim.
If a lawsuit has already been filed, the process usually slows down even more. Both sides exchange evidence, take depositions, work with medical experts, and follow court deadlines. While litigation can take months or even longer, those delays do not automatically mean the insurance company acted in bad faith.
There are also times when the insurance company makes an unconditional tender. This is a payment for the amount agreed to be owed while the rest of the claim is still being evaluated. Making this payment can reduce the insurer’s risk of bad faith penalties because it is not withholding money it believes is already due.
Still, not every delay has a good explanation. If the insurance company ignores your calls, repeatedly asks for information you have already provided, refuses to explain its decisions, or continues delaying after it has enough information to evaluate your claim, those actions may be signs of bad faith under Louisiana law.
What Is Bad Faith In A Louisiana Insurance Claim?
Bad faith means an insurance company does not handle a claim fairly or promptly. Under Louisiana Revised Statute 22:1892, insurers must make a fair effort to adjust and settle claims.
In plain English, an insurance company may be acting in bad faith if it has enough information to pay your claim but delays, denies, or underpays it without a reasonable basis.
Bad faith may look like:
- Ignoring your calls or emails for long periods
- Asking for the same records over and over
- Denying your claim without a clear reason
- Making a very low offer without explaining why
- Delaying payment after liability and damages are clear
- Telling you your policy does not cover the claim when it actually does
- Giving incorrect information about important deadlines or your legal rights
When an insurance company delays, denies, or underpays a claim without a reasonable basis, Louisiana law may allow you to seek additional remedies.
We DO THE RIGHT THING
The correct choice – always – is to do the right thing.
FREE Confidential Case Review (985) 240-9773Can An Insurance Claim Take A Long Time Without Bad Faith?
Yes. Not every delay means the insurance company is acting in bad faith.
In many personal injury cases, it is actually in your best interest to wait before settling. Your injuries may still be improving, and your doctors may not yet know whether you will need more treatment. Settling too early could leave you without compensation for future medical care or lasting injuries.
Many attorneys recommend waiting until you reach maximum medical improvement, often called MMI. This means your condition has improved as much as your doctors expect. Once you reach MMI, it is usually easier to understand the full value of your claim.
Claims can also move slowly after a lawsuit is filed. During litigation, both sides exchange evidence, take depositions, and work through court deadlines. While that process can be frustrating, it does not automatically mean the insurance company is acting in bad faith.
The key question is whether the insurance company has a reasonable basis for the delay. If it does, bad faith penalties may not apply.
We ARE TRANSPARENT
We don’t play games and we don’t hide the ball.
FREE Confidential Case Review (985) 240-9773How Long Does An Insurance Company Have To Pay In Louisiana?
In many claims, Louisiana law gives the insurance company 30 days to pay after it receives enough proof of the loss. This is often called proof of loss.
Proof of loss means information showing what happened, who was hurt, what was damaged, and how much the claim may be worth.
For an injury claim, this may include:
- Medical records and bills
- Police reports or accident reports
- Photos of the crash, injuries, or damage
- Witness names or statements
- Proof of lost wages
- Health insurance lien letters, when needed
A strong, organized claim file matters. The attorneys of LJBLegal help gather the right records, build the claim, and show the insurance company why payment is owed.
We ARE COMPASSIONATE
Emotionally intelligent listeners with positive attitudes.
FREE Confidential Case Review (985) 240-9773What Is The 60-Day Cure Notice Rule?
Louisiana law now includes a 60-day cure notice rule for certain bad faith penalty claims. This means the insurance company may need written notice and a chance to fix the problem before a lawsuit for penalties moves forward.
This rule can be easy to miss. If the notice is not done the right way, it can hurt your case. The attorneys of LJBLegal can review the claim, check the deadlines, and send the right notice when needed.
You may not need to sue. Many claims settle once the insurance company sees a complete file and knows experienced Louisiana injury attorneys are involved. But if the insurance company still refuses to be fair, you want a team ready to fight.
What Penalties Can An Insurance Company Face For Bad Faith?
If an insurance company acts in bad faith under Louisiana law, it may owe more than the original claim amount. Depending on the claim and the facts, penalties may include extra damages, attorney fees, and other amounts allowed by law.
In some cases, bad faith can expose an insurance company to paying more than the policy limits. This does not happen in every case, but it is one reason experienced legal help can matter. The attorneys of LJBLegal carefully review how the insurance company handled the claim, what it knew, and when it knew it.
Insurance companies are aware of Louisiana’s bad faith laws. In some situations, they may make what is known as an unconditional tender. This is a payment for the amount they agree is owed, even while the rest of the claim is still being discussed.
An unconditional tender can reduce the risk of bad faith penalties because it shows the insurer paid the undisputed portion of the claim instead of holding back the entire amount. Whether an unconditional tender is enough depends on the facts of the case and whether the insurer acted reasonably throughout the claims process.
How Often Do Bad Faith Claims Succeed?
Insurance companies have a reputation for moving slowly and making the claims process harder than it should be. Still, slow does not always mean bad faith.
Bad faith claims are not common because Louisiana law sets a high standard. The insurance company must do more than make a mistake or take longer than you would like. It must have delayed, denied, or failed to pay a claim without a reasonable basis.
Even when a bad faith claim may not end up in court, it can still be valuable. When the attorneys of LJBLegal identify evidence that an insurance company may have acted in bad faith, it often changes the conversation during settlement negotiations. The risk of penalties and attorney fees can give the insurance company another reason to resolve the claim fairly.
In some cases, a valid bad faith claim may also create an opportunity to recover more than the insurance policy limits. That depends on the facts of the case and the law that applies, but it is one reason experienced legal representation can make a difference.
Can My Insurance Policy Limit How Long I Have To Sue?
Yes. Your insurance policy may include its own deadline for filing a lawsuit. That deadline may be shorter than you expect.
This is why waiting can be risky. While you wait for the insurance company to keep reviewing your claim, an important deadline may be getting closer.
If your claim is delayed, denied, or underpaid, do not rely on the insurance company to tell you about every deadline. Let the attorneys of LJBLegal review your policy and explain what time limits may apply.
Do I Need A Lawyer For A Delayed Insurance Claim?
You may not need a lawyer for every small claim. But if your claim involves serious injuries, lost income, large medical bills, long delays, or an unfair offer, legal help can protect you from being underpaid.
The insurance company has people working to protect its money. You deserve a team working to protect you.
The attorneys of LJBLegal help by:
- Reviewing the insurance policy
- Finding key deadlines
- Gathering medical records and proof of loss
- Dealing with the insurance company for you
- Working with experts when the case calls for it
- Preparing the case for settlement or court
Most people want a fair settlement without a long court fight. We understand that. But if the insurance company will not be fair, LJBLegal is ready to go the distance.
What Should I Do If I Think An Insurance Company Acted In Bad Faith?
If you believe the insurance company is delaying, denying, or underpaying your claim without a good reason, taking the right steps now can protect your rights and strengthen your case.
- Keep every document. Save letters, emails, text messages, claim numbers, estimates, medical bills, and notes from phone calls.
- Write down every conversation. Record the date, time, who you spoke with, and what was discussed. Small details can become important later.
- Continue following your doctor’s treatment plan. If you are still receiving medical care, keep your appointments and follow your doctor’s recommendations. Stopping treatment too soon can affect both your recovery and your claim.
- Do not accept a settlement until you understand the full value of your case. Many injury claims should not settle until you reach maximum medical improvement, when your doctors have a clearer picture of your long-term recovery.
- Ask the insurance company to explain its decision in writing. A written explanation may help you understand whether the delay or denial has a legitimate basis.
- Avoid giving recorded statements or signing new documents without understanding them. Once you accept a settlement or sign a release, you may give up important legal rights.
- Speak with an experienced Louisiana personal injury attorney. The attorneys of LJBLegal can review your claim, explain whether the insurance company appears to have acted in bad faith, identify important deadlines, and help you decide the best path forward.
Not every frustrating claim involves bad faith, but it is always worth understanding your rights before accepting less than you deserve. A review by the attorneys of LJBLegal can help you determine whether the insurance company is simply following the normal claims process or whether its actions may have crossed the line under Louisiana law.
If you are worried the insurance company is delaying, denying, or underpaying your claim, contact LJBLegal for a free case review. Our attorneys will explain your options in plain English, help you understand what your claim may be worth, and fight to make sure you are treated fairly. Give us a call at 985-240-9773
