When you’ve been injured and are relying on an insurance payout to cover medical bills, lost income, or vehicle repairs, delays can feel overwhelming. It’s natural to wonder: Can I sue my car insurance company for taking too long? In Kentucky, insurance companies have clear obligations under state law to handle claims promptly and fairly. When they don’t, policyholders may have the right to pursue legal action.
At McCoy & Sparks, PLLC, we’ve seen firsthand how stressful delays and unfair claim handling can be. Our team has decades of experience helping accident victims across Kentucky enforce their rights and recover the compensation they’re owed. Below, we break down when delays become unlawful, how suing an insurance company works, and how we can help you move forward.
Why Insurance Delays Happen
Insurance companies are required to investigate and resolve claims within a reasonable time. But when an insurer drags its feet, you feel the financial pressure immediately. Bills pile up. Repairs get postponed. Your ability to return to work or secure treatment may depend on their decision.
Some of the most common reasons that cause insurance companies to delay paying claims include:
- Denying your claim with no valid reason,
- Failing to conduct a proper investigation,
- Pressuring you into accepting a low settlement,
- Delaying payment without a valid reason,
- Misrepresenting policy terms,
- Failing to communicate key information, and
- Acting dishonestly or fraudulently.
State resources, including the Kentucky Department of Insurance, regularly report consumer complaints related to delays, low settlement offers, and unfair handling. These patterns indicate that policyholders are not alone in facing difficulties when insurers fail to fulfill their responsibilities.
What Are an Insurer’s Obligations When Paying Claims?
State law recognizes the impact that the delayed payment of a claim can have on an individual or family. The Kentucky Unfair Claims Settlement Practices Act requires insurers to:
- Acknowledge and act on communications “reasonably promptly”,
- Conduct a reasonable investigation based on all available information,
- Affirm or deny coverage within a reasonable time, and
- Attempt in good faith to settle claims promptly when liability is clear.
If they fail to meet these duties, they may be acting in bad faith.
When Do Delays Become Bad Faith?
There is no definitive deadline in most cases. Not every delay qualifies as grounds for a lawsuit, but insurers who unreasonably stall, misrepresent information, or refuse to negotiate fairly may be violating Kentucky law. The state’s regulatory framework and related administrative guidelines specifically prohibit these behaviors.
Can I Sue My Car Insurance Company for Taking Too Long?
You may be able to sue your insurance company for a delay that is unreasonable or violates Kentucky’s Unfair Claims Settlement Practices Act—especially if you’re asking, can i sue my car insurance company for taking too long. Unreasonable delay may include situations where the insurer:
- Fails to return your calls or provide updates,
- Lacks a valid justification for waiting on paperwork,
- Requests repetitive or unnecessary documentation,
- Ignores clear evidence supporting your claim, and
- Refuses to make a timely settlement offer when liability is obvious.
A simple backlog or scheduling issue isn’t enough. If your claim has stalled for weeks or months with no explanation, you may have a valid bad-faith claim.
Who May Be Liable for Insurance Delays?
While your insurance company is the primary responsible party, others may also contribute to unreasonable delays, such as:
- Third-party insurers handling claims when the at-fault driver caused your injuries,
- Claims adjusters who fail to investigate or communicate properly, and
- Supervisors or corporate entities that create policies encouraging slow-play tactics or lowball offers.
An attorney experienced in handling insurance company claims may be able to identify and pursue multiple parties depending on the source of the delay.
What Do I Need to Prove When Suing an Insurance Company?
In many scenarios, to bring a successful claim against your insurer, you must usually prove the insurer:
- Was obligated to pay the claim under the policy,
- Lacked a reasonable basis to delay or deny the claim, and
- Knew or recklessly disregarded that it had no reasonable basis.
When all three factors are present, Kentucky law generally allows you to seek compensation beyond the original claim value, including punitive damages in cases of particularly reckless conduct.
How to Sue an Insurance Company
Understanding how to sue an insurance company starts with knowing what qualifies as “bad faith.” Evidence is key. If you believe the insurer is acting unfairly, keep detailed records of:
- Every phone call, message, or email;
- Requests for additional documents;
- Dates you submitted information;
- Delays that prevented treatment or vehicle repairs; and
- Any settlement offers made or ignored.
In Kentucky, lawsuits against insurers may include:
- Contract claims—argue that the insurer failed to uphold the policy terms;
- Statutory bad-faith claims—arise under unfair settlement practice laws that outline the insurer’s obligations;
- Common-law bad-faith claims—focus on reckless or intentional mistreatment of policyholders.
The process usually begins with a formal demand letter, followed by negotiations. If the insurer still refuses to act in good faith, litigation may be the next step.
McCoy & Sparks: Holding Insurance Companies Accountable
If you’re considering suing an insurance company for bad faith, it’s important to understand that these cases can be complex. Insurers often argue that delays were unintentional or that they needed more time to investigate.
Our experienced Kentucky attorneys can:
- Review your policy,
- Examine whether delays are legally unreasonable,
- Investigate the insurer’s handling practices,
- Work with experts to evaluate the claim value,
- Negotiate aggressively on your behalf, and
- File suit if necessary to secure fair compensation.
With our team on your side, you won’t have to navigate these challenges alone.
You Deserve a Fair, Timely Resolution
At McCoy & Sparks, PLLC, we understand the financial, physical, and emotional impact of insurance delays. You shouldn’t have to battle with your insurer when you’re already recovering from an accident. Our team has a long history of successfully standing up to insurance companies and securing significant outcomes for our clients, including multimillion-dollar claims against insurance companies for bad faith.
If you feel your insurer is treating you unfairly, we’re here to help you understand your rights, evaluate your claim, and take action when necessary.
Contact McCoy & Sparks today for a free, no-obligation consultation. We’ll stand with you every step of the way.