What to Do if Your Settlement Check is Delayed

Dec 04,2017

So you have made it to the end of the personal injury case process and have come to a settlement agreement with the insurance company. All that is left is to wait to receive the settlement check. But what do you do if, for some reason, the check has not arrived within a reasonable time frame?

Why Would the Check be Delayed?

There are a few possible reasons why your settlement check might be delayed. Here are a few common examples:

Your claim has been approved, but the payment department is backed up.
The insurance adjuster or the supervisor is out of the office for vacation or illness.
There is an internal technical issue with the settlement agreement which the insurance company needs to resolve.
The insurance company has committed some type of error, such as misplacing the case file.

What Actions Can You Take?

How much time is reasonable to wait for a settlement check? You should first take into account the time frame the insurance adjuster gave you. If he said it would be up to two weeks, you should wait until that time is up before taking action. If the time frame you were given has passed, it is probably a good idea to call the insurance adjuster to see if there is a reason for the delay. If they tell you the claim is still being processed, ask for an update on the time frame. Make sure to write down exactly what the adjuster tells you for reference, in case you run into further difficulties.

If the check is still delayed, you can call again and ask to speak with the insurance adjuster’s supervisor. They should be able to explain the delay and let you know when the check will be processed. If it has been an unreasonable amount of time, you can ask for the check to be sent via overnight delivery.

Contacting the Insurance Board

If three weeks go by and you still have not received your check, let your insurance adjuster know you are planning to file a complaint with the insurance board unless you receive your check within the next week. After thirty days has gone by, it is probably time to contact the California Department of Insurance. They should assign an investigator to your case, who will contact the insurance company. The insurance board can take certain actions against the insurance company, such as fining them, if they do not send your check within a reasonable amount of time. Of course, you can consult your attorney for advice on what action to take at any point in the process.

“You should not have to deal with an unreasonable delay in receiving your settlement check. Unfortunately, this can happen, and it is important to hold the insurance company accountable and follow up until you receive your check,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured in an accident and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.