Did you know that insurance companies delay or underpay around 15% of legitimate auto accident claims each year
(Source: National Association of Insurance Commissioners)
For West Virginia drivers who’ve already been through the trauma of a car accident, a delayed insurance claim adds insult to injury. Bills pile up. Repairs are on hold. Your recovery slows down—not because of your injuries, but because you can’t access the money you need.
This guide explains what you can do if your car accident claim is delayed in West Virginia. We’ll cover your legal rights, common causes of delays, how to respond, and when to bring in a lawyer. Every section is built to help you take action—not just understand the problem.
Why Do Car Accident Claims Get Delayed in West Virginia?
Not every delay is the result of bad intentions. Sometimes, insurance companies need more time to gather records, evaluate damage, or verify coverage. However, when delays stretch out with no updates—or the insurer stops responding altogether—it’s often a sign that something could be wrong.
Most Common Reasons for Delays
Delays typically happen because of one or more of the following:
- Disputes Over Liability- If both parties blame each other or if police reports are unclear, insurers may stall until they determine who was at fault.
- Missing Documentation- Delays can happen if your file is incomplete. Common missing items or documentation may include missing medical records, repair estimates, or proof of income loss.
- Internal Processing Delays- Sometimes, the issue is on the insurer’s end. Staff shortages, system changes, or procedural backlogs may slow everything down.
- Negotiation Tactics- Some insurance companies use delay as a strategy to get claimants to accept lower settlements out of frustration.
- Suspicion of Fraud- An insurer may conduct an extended investigation if they believe your claim might be inflated or false.
Regardless of the reason, you deserve to know what’s going on—and what your options are.
Insurance companies in West Virginia must act reasonably and promptly when handling claims. Unjustified delays can violate this obligation.
What Are Your Legal Rights as a Claimant in West Virginia?
You’re entitled to fair treatment from the insurer after being hurt in a car accident. West Virginia law outlines what insurers must do (and the timeline for taking certain actions) when injured parties file claims.
West Virginia’s Statute of Limitations
Under West Virginia law, you generally have two years from the date of the accident to file a personal injury lawsuit. You’ll lose your right to sue for compensation if you miss this window.
The law allows some flexibility if your injuries don’t show up right away. Known as the discovery rule, this means you have two years from the date you found the injury (or should have detected it) to take action.
That said, insurance companies aren’t required to wait for you to act. The sooner you move, the better your chances.
You have two years to file a personal injury lawsuit in West Virginia. Missing the deadline could permanently block your claim.
Steps to Take If Your Car Accident Claim Is Delayed
Staying organized and taking action is key when your claim drags on without answers. Here’s how to respond if you feel stuck.
Ask for a Written Reason for the Delay
You have the right to ask the insurance company why your claim hasn’t moved forward. Put this request in writing (email works fine) and ask them to provide a detailed explanation.
They may respond with vague phrases like “still under review” or “awaiting internal processing.” Ask for a timeline or next steps if this happens.
Review Your Insurance Policy Closely
Sometimes, delays happen because the insurer is waiting on a requirement outlined in your policy. Read the fine print to check if you’ve met all obligations, including:
- Promptly reporting the accident
- Providing medical bills or repair receipts
- Submitting to an independent medical exam (if required)
Understanding your policy helps prevent further delays.
Document Everything
Keep a folder (digital or physical) that includes:
- All correspondence with the insurer
- A log of phone calls with dates and summaries
- Copies of any documents you’ve sent or receive
This record can support your case if you end up needing to file a complaint or take legal action.
Consider Legal Help
If the insurer continues to stall—or gives you the runaround—it’s time to talk to a lawyer. An attorney can step in, hold the insurer accountable, and make sure your rights are protected.
Delaying valid claims without reason may be considered insurance bad faith in West Virginia.
What Is Insurance Bad Faith—and How Can It Affect You?
The law requires insurers to treat claimants fairly. When they don’t, this could be considered bad faith, a legal term that describes dishonest or unfair behavior by the insurance company.
Examples of Insurance Bad Faith
- Denying your claim without a valid reason
- Ignoring your calls and letters
- Delaying payment after agreeing to a settlement
- Offering an unreasonably low amount
- Misrepresenting your coverage terms
If an insurer acts in bad faith, you may be entitled to additional compensation through a separate lawsuit. That’s on top of whatever amount you were originally owed.
Claim Delay Situations and What You Can Do
| Situation | What It Might Mean | Action You Can Take |
| Insurer not responding for 30+ days | Potential bad faith or internal delays | Send written request for explanation |
| Asked for documents multiple times | Poor file handling or delay tactic | Confirm they’ve received everything |
| Claim approved but payment not issued | Internal processing or intentional delay | Request payment date in writing |
| Offer far below damage estimates | Negotiation tactic or claim undervaluing | Ask for breakdown; consider legal advice |
| Claim denied without a reason | May indicate bad faith | Request reason in writing; consult attorney |
When Should You Talk to a Car Accident Lawyer?
You don’t have to wait until your claim is denied before speaking with a lawyer. In fact, the earlier you involve one, the more protected you are.
It’s Time to Call a Lawyer If:
- Your claim has been delayed for more than 30 days
- You’re not getting clear updates from the insurer
- You feel pressured to settle for less
- You were seriously injured, and the claim involves large sums
- You suspect your insurer is acting in bad faith
Having a lawyer on your side can change the tone of the conversation. Insurance companies often take your claim more seriously when they know you have representation.
FAQs About Delayed Car Accident Claims in WV
How long do I have to file a lawsuit after a car accident in West Virginia?
You have two years from the date of the accident. The clock may start from the date the injury was discovered if it wasn’t immediately apparent.
Is a delay a sign that my claim will be denied?
Not always. Some delays are expected. But if they last more than a few weeks without a response, it could signal a larger issue.
What qualifies as insurance bad faith in WV?
Bad faith can include unreasonable delays, lack of communication, false information about your policy, or refusal to pay a valid claim.
Should I settle quickly to avoid delay?
Quick settlements are not always in your best interest. Insurers often offer less than what you’re entitled to. Always review the offer carefully.
Can I handle a delay on my own, or do I need a lawyer?
You might not need legal help if the delay is brief and the insurer communicates clearly. But if the process feels unfair or dishonest, talk to a lawyer.
What happens if I miss the two-year deadline?
If the statute of limitations passes, you lose your right to take legal action—even if the claim was valid.
Final Thoughts: Don’t Let Delays Keep You from What You Deserve
When your car accident claim is delayed, it’s more than just a paperwork issue—it affects your life, your health, and your future. In West Virginia, the law is on your side. But it’s up to you to take the proper steps to protect your rights.
Start by understanding why your claim is delayed. Follow up regularly. Keep records. And when needed, don’t hesitate to get legal help.
Manchin Ferretti Injury Law has worked with car accident victims across West Virginia to help them move forward—even when insurance companies make that problematic. If you’re stuck with a delayed claim, we’re here to help guide the way.