You did everything right after the accident.

You got medical care. You filed a claim. You followed the rules.

But the insurance company isn’t paying.

They’re stalling. Dodging. Delaying. Denying. Making lowball offers that wouldn’t cover a month of your bills—let alone your future.

If that sounds familiar, you’re not alone. And you’re not powerless.

This guide exposes the insurance industry’s most common delay-and-deny tactics after serious injury claims—and shows you exactly how to protect yourself, your health, and your future.

Why Do Insurance Companies Delay or Deny Legitimate Claims?

Because it saves them money.

Every week they stall is another week your bills pile up—and they hope you’ll accept less out of desperation.

They know you’re hurting. They know your car is totaled. They know your income is gone and the hospital bills are mounting.

But their job isn’t to help you. Their job is to protect their bottom line.

That’s why it’s so important to protect yourself from the very start.

The Most Common Delay Tactics Insurance Companies Use

Requesting “Additional Documentation” Over and Over
They ask for one more form. Then another. Then another. They lose paperwork. They need new signatures. This isn’t accidental. It’s deliberate delay.
Dragging Out Medical Reviews
They claim your treatment is “under review” by a medical expert—often someone paid to minimize injuries.
Blaming You for the Accident
Even when fault is clear, they may claim “contributory negligence” to reduce your payout.
Offering Lowball Settlements Quickly
They’ll offer a few thousand dollars—just enough to tempt you before you know the full extent of your injuries.
Changing Your Adjuster Frequently
Every time a new adjuster takes over, the clock resets. You’re forced to re-explain everything from scratch.
Ignoring Your Calls or Emails
Silence is a tactic. It forces frustration and fatigue.
Claiming You Waited Too Long to Get Medical Care
Even if you went to the ER, they’ll argue gaps in care or delayed treatment reduce your compensation.
Disputing That Your Injuries Are Real or Severe
Especially with brain injuries or chronic pain, insurers often claim your suffering is exaggerated or unrelated.

What Types of Claims Are Most at Risk for Delay or Denial?

Traumatic brain injuries
Spinal injuries
Wrongful death
Truck and commercial vehicle accidents
Pedestrian or bicycle injuries
Claims involving out-of-network or extensive medical treatment
Cases involving long-term disability or permanent impairment

The more serious the injury, the more aggressive the insurance tactics.

How Delay Tactics Harm You

Delay is more than frustrating—it’s financially and physically dangerous.

You fall behind on rent or mortgage
Your credit suffers from unpaid medical bills
You miss crucial treatment windows
Your stress and anxiety worsen
You may feel forced to accept a low settlement out of necessity

In the worst cases, delay tactics are used to run out the clock on your legal rights.

What About Denial Tactics?

If delay doesn’t work, many insurers outright deny your claim. Common excuses include:

“We don’t believe the injury occurred in the accident.”
“There’s not enough documentation.”
“You had a pre-existing condition.”
“The policy doesn’t cover this event.”
“You were partially or fully at fault.”

These denials are often based on selective reading, misinterpretation, or willful bad faith.

What Is Bad Faith Insurance in Colorado?

Bad faith occurs when an insurance company:

Unreasonably delays or denies benefits
Fails to investigate or communicate properly
Lowballs the value of the claim without justification
Pressures the victim to settle unfairly
Ignores key medical or liability evidence

Colorado law allows victims to sue for double damages and attorney’s fees in proven bad faith cases.

Real Case Example: Delayed Brain Injury Payout Ends in Seven-Figure Settlement

A client suffered a moderate TBI in a rear-end crash. Her insurance company offered $15,000—despite $240,000 in documented care and expert neuropsychological evaluations.

We filed a bad faith claim, proved the insurer ignored medical records, and exposed an internal memo labeling her a “delay candidate.”

Result: $1.2 million settlement without trial.

🔗 See how we handle Traumatic Brain Injury cases:
https://flanagan.law/practice-areas/traumatic-brain-injuries/

How to Protect Yourself from Day One

Document Everything
Keep all records, bills, and communication. Create a timeline of care and contacts.
Don’t Speak to the Adjuster Without Legal Counsel
Their job is to protect the insurer—not you.
Don’t Sign Medical Releases or Settlement Agreements Early
These can limit your rights permanently.
Get a Full Medical Evaluation—Not Just Urgent Care
Many injuries worsen or reveal themselves over time.
Call an Experienced Attorney Early
The sooner we get involved, the more leverage you have.

How an Attorney Stops Delay and Deny Games Cold

Insurance companies change their tune when we take over.

We demand clear deadlines
We submit expert reports early
We expose delay tactics in writing
We preserve your rights with formal notice
We prepare every case as if it’s going to trial

Once they realize they’re facing a strategic legal team—not an overwhelmed victim—they move.

How Long Can They Legally Delay a Claim?

There’s no strict timeline—but unreasonable delay opens them up to liability.

Under Colorado Revised Statutes § 10-3-1115 and § 10-3-1116, insurers must handle claims fairly and promptly. Violation can result in:

Up to two times the covered benefit
Attorney’s fees
Additional damages in some cases

We know how to document these violations and apply pressure when it counts.

Sources & Further Reading

Colorado Revised Statutes § 10-3-1115 and § 10-3-1116 – Unreasonable Delay or Denial of Insurance Benefits
Colorado Division of Insurance – Consumer Complaint Statistics
Journal of Law and Health – Insurance Bad Faith Litigation Trends
National Association of Insurance Commissioners – Claims Practices Data
American Bar Association – Bad Faith and Delay Tactics in PI Cases

Frequently Asked Questions

What if the insurance company won’t return my calls?
That’s a common delay tactic. An attorney can demand formal responses—and force consequences if ignored.

Can I sue if my claim is denied unfairly?
Yes. Bad faith laws allow you to pursue damages if your insurer acted unreasonably or dishonestly.

Do I have to wait for them to finish their investigation before suing?
No. If the delay becomes excessive or unjustified, legal action can begin.

What if the insurer says I’m at fault?
They often do—even when you’re not. Evidence, expert analysis, and legal pressure are critical to counter this.

Call Flanagan Law now at 720-928-9178 for your free, no-obligation consultation.
Or Contact Us to protect yourself from insurance company tactics that could cost you everything.