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14 April 2025

How Insurers Use Delay Tactics To Wear You Down And How To Fight Back

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Ayala Law

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Ayala Law PA is an established, Miami-based litigation law firm founded 12 years ago by Peruvian immigrant and distinguished attorney, Eduardo A. Maura, Esq.

At Ayala, we believe that everybody deserves top-tier legal representation, providing our services at accessible prices, without compromising the quality of our work.

Backed by an AV Preeminent rating and acknowledgment from Best Lawyers, we specialize in providing high-caliber legal services in litigation, focusing on business litigation, construction litigation, real estate litigation, as well as class action litigation. Our attorney, Eduardo Maura, has been recognized by Best Lawyers for two consecutive years, highlighting his outstanding contributions to the legal field. Additionally, Ayala Law has also been recognized as one of America's Best Law Firms for 2025 by Best Lawyers.

Dealing with an insurance claim can be frustrating, especially when insurers seem to drag their feet. If you've been waiting longer than expected for a payout, you're not alone.
United States Insurance

Dealing with an insurance claim can be frustrating, especially when insurers seem to drag their feet. If you've been waiting longer than expected for a payout, you're not alone.

Many insurance companies use delay tactics to wear down policyholders, hoping they will give up or accept a lower settlement. This blog post will explain common delay strategies insurers use and how you can fight back to get the compensation you deserve.

Why Do Insurance Companies Delay Claims?

Insurance companies are businesses focused on maximizing profits. One way they do this is by delaying claim payments, hoping policyholders will:

  • Settle for less than they are owed
  • Miss critical deadlines that could allow the insurer to deny the claim
  • Give up entirely out of frustration

Delays can be particularly frustrating when you're dealing with medical bills, property damage, or business losses. But knowing their tactics is the first step to countering them.

Common Delay Tactics Insurance Companies Use

1. Repeatedly Requesting Documents

Insurers may ask for additional paperwork multiple times, even after you've already provided everything required. This is a tactic to slow the process and create confusion.

How to Fight Back: Keep detailed records of everything you submit. If the insurer asks for the same document twice, point out that you have already provided it.

2. Claiming Your Case Is "Under Review" for an Extended Period

Insurers often say a claim is still "under review" without providing updates or a timeline for resolution. This can drag on for months.

How to Fight Back: Demand a clear timeline for when a decision will be made. If they refuse, you may need to escalate by involving a lawyer.

3. Ignoring Emails and Calls

When insurers stop responding, they hope you'll get tired of following up and either accept a low offer or give up entirely.

How to Fight Back: Send written follow-ups and keep records. If they continue ignoring you, a strongly worded letter from an attorney can push them into action.

4. Offering a Lowball Settlement After a Long Wait

After months of delays, insurers may offer a settlement that is much lower than what you're owed, hoping you'll take it just to be done with the process.

How to Fight Back: Never accept the first offer without reviewing it carefully. Consult an attorney if the offer seems unfair.

5. Misrepresenting Policy Terms

Some insurers delay claims by misinterpreting or misrepresenting policy coverage to argue that you are owed less than you expect.

How to Fight Back: Review your policy carefully or have a lawyer do it for you to ensure the insurer is not misleading you.

What Can You Do If Your Insurer Is Delaying Your Claim?

1. Keep Meticulous Records

  • Save all emails and letters from the insurer
  • Take notes during phone calls, including dates, times, and who you spoke with
  • Keep copies of all documents submitted

2. Follow Up Regularly: Call and email your insurance adjuster frequently. If they do not respond, escalate the matter by requesting to speak with a supervisor.

3. Know Your Legal Rights: Florida law requires insurers to handle claims in a timely manner. If an insurer is acting in bad faith, they can face legal consequences.

4. Hire an Insurance Litigation Attorney: If your insurer continues to delay, consulting an attorney can make all the difference. A lawyer can apply legal pressure, negotiate on your behalf, and take the case to court if necessary.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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