The insurance companies do an economic analysis everytime they log a new injury claim in their system. This is why they want to know about your injuries right away so they can perform a "reserve analysis." This means they want to "set reserves" or know approximately how much money they might need to set aside to get your case settled. This is important to them so they know their financial exposure. Now, the longer they can keep that financial exposure from seeing the "light of day" by settling your personal injury case timely, the longer they get to keep control of those funds making money for them. It is simple economics. So, part of the Insurance Defense Play Book is delay, delay, and delay some, as long as they can get away with it.
The Insurance Defense Playbook
They will use this concept of Delay against you personally when reviewing your medical care. If they find any gaps in medical care, for example, they will try to argue later that you must not have been that injured. They do this analysis everytime they see inconsistent medical care on your personal injury case. So, you see, they try to victimize you twice - once from their insured's unsafe choices that cause you injury and harm, and second by doing this analysis so they can argue "gaps in medical care" later on. This is why it is sooo important you get consistent medical care, and if you miss a medical appointment, you make up for it right away, not later on. Don't empower the defense by not getting consistent medical care.
In litigation, the defense lawyers love trying to continue your trial date as much as possible. This is another delay tactic. The reasoning behind this plays into what was already discussed above, but also it relieves an already overworked defense lawyer, who probably has been assigned hundreds of injury files to defend. This does not benefit you at all, and only benefits the defense. Whenever I get a motion to continue a trial date, I do not take it lightly. It has to be for good cause, as a judge will not grant it anyway.
A Playbook of Your Own
All of this boils down to having an experienced, battled-tested, injury trial lawyer on your case from the very beginning. An experienced personal injury lawyer is going to know the Insurance Defense Play Book inside and out, and will be able to respond to these delay tactics head on. You need to be like Napoleon and charge full steam ahead, and keep the defense on their toes in order to defeat them. Delay is just one of the many defense tactics the insurance companies like to deploy on your injury claim whenever they can get away with it. Hold them accountable by addressing these tactics from the onset.
Now, you may be in a situation right now where you need legal help. Perhaps you have realized that the insurance company is not responding to you, or delaying your right to a monetary recovery in other ways. If this is happening, get in touch with a personal injury lawyer today.
Stay strong, Attorney Mark
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