Join our newsletter.

What Is Stonewalling and How Should I respond?

Does it seem like the insurance adjuster is dragging his feet on your personal injury claim? It may be that the adjuster is stonewalling you – that is, deliberately delaying the settlement of your claim in an effort to wear you down until you are willing to accept a low offer just to put an end to the frustration.

Stonewalling can take many forms, including:

Silence. This is, perhaps, the most frustrating stonewalling technique. The adjuster simply stops communicating with you. He does not respond to letters or emails or phone calls.

“I don’t have authority to settle for the amount you have requested.” It is the nature of an insurance claims department that the adjuster has to get authority to settle from someone higher in the chain of command. If, however, the adjuster makes this claim repeatedly, you are probably being stonewalled.

“Your claim is being reviewed.” Even though no settlement offer has been made, the adjuster assures you that the wheels are in motion:

Your claim is “in committee,” or “being reviewed by the home office,” or “waiting for a supervisor’s approval.” By dangling the carrot of a pending settlement, the adjuster hopes you will continue to wait.

“I need more proof.” The adjuster has copies of all your medical records and bills, and evidence of your lost wages, but says he needs “additional documentation” of your loss. If no offer is forthcoming, these repeated requests for documentation are a blatant effort to delay payment of your claim.

“I’m just getting up to speed on your file.”

Some insurance companies have a high turnover rate among claims adjusters; some insurance companies routinely move claims files from one adjuster to another. If you are constantly dealing with a new claims adjuster, for whatever reason, the effect is to stonewall your claim and delay payment while the adjuster learns the file.

“We can settle all of your claims or none of your claims.”

The adjuster may try to leverage one claim against another. If, for example, you have an auto damage claim and a bodily injury claim, the adjuster may refuse to settle your auto claim unless you also settle your injury claim (right now, for a low amount).

Related News & Articles

Settling a Business Dispute Studies show that over 95% of all lawsuits are resolved without a trial. Thus, the overwhelming probability is that a new case will settle. For that reason,...

Typically most people think of alcohol when they hear of the charge DUI. What they don’t realize is that controlled substances and over the counter medication can both lead to a...

Custody battles are often emotionally charged and legally complex. When mental health issues enter the equation, the stakes become even higher. Understanding how mental health can affect these proceedings is imperative...

If you’re a parent who has recently experienced a divorce, it’s certainly understandable that you may feel the need to move: To a new home in your current town, say, or...

Most insurance companies for the tortfeasor (the person, persons or company who caused your injuries) will not automatically pay medical bills as they occur. There are many reasons for this. One...

Penglase & Benson has been recognized as one of the Fastest Growing Law Firms in the U.S. Over the past 4 years, our team at Penglase & Benson has been dedicated...

Are bills taking too big a bite out of your paycheck? Are you tired of sinking further and further into debt? Are you scared because the creditors are calling day and...

Almost all of my personal injury clients come to me while they are still in pain. The treatment always seems the same: First, they went to the hospital where limited x-rays...

Why is it that so many of us leave this world without ever having written a living will? That’s actually a fairly easy question to answer: Very few of us like...

In addiction-related cases, social media evidence is increasingly used to build narratives about a person’s behavior, intent, or lifestyle. Posts, photos, messages, and even comments can serve as key pieces of...