After an accident, hearing “we’re still investigating” once may be normal. Hearing it over and over for weeks or months can be different. At some point, a reasonable investigation can start to feel like a moving target: one more form, one more adjuster call, one more medical record request, one more “we’ll get back to you.”
Delventhal Law Office helps injured people in Fort Wayne and throughout Indiana deal with insurance delay, disputed fault, low offers, and claim denials. If an insurance company is dragging out your injury claim, visit our Fort Wayne car accident attorney page or call (260) 484-6655 for a free consultation.
Key takeaways
- An insurance investigation can be legitimate, especially early in a claim.
- Delay becomes concerning when the insurer will not identify what it still needs or keeps moving the goalposts.
- Written documentation matters: save calls, emails, letters, claim numbers, deadlines, and requests.
- Do not rush into a settlement just because delay is frustrating.
- Indiana injury claims also have legal deadlines, so insurance delay should not lull you into waiting too long.
Why insurance companies investigate injury claims
Insurance companies investigate claims because they want to decide coverage, fault, causation, damages, and settlement value. In a car accident or personal injury case, the adjuster may review the crash report, photos, medical records, bills, witness statements, recorded statements, vehicle damage, policy limits, and prior claims history.
Some investigation is normal. For example, an insurer may reasonably need time to obtain the police report, confirm insurance coverage, review medical treatment, inspect vehicle damage, or evaluate who was at fault.
The problem is not the word “investigation.” The problem is when “investigation” becomes an excuse for inaction.
When “still investigating” may be reasonable
It may be reasonable for an insurer to say it is still investigating when:
- The accident happened recently.
- The police report is not available yet.
- There are multiple vehicles or multiple insurance companies.
- Fault is genuinely disputed.
- Medical treatment is ongoing and the full injury picture is not clear.
- The insurer is waiting on records it has requested only once.
- Coverage questions need to be resolved.
- There are serious injuries requiring careful evaluation.
In other words, the phrase is not automatically bad faith or improper. The key questions are whether the insurer is acting promptly, communicating clearly, and identifying what it still needs.
Red flags that “still investigating” may be a delay tactic
The phrase becomes more concerning when the insurer keeps using it without specifics. Watch for these red flags:
- The adjuster will not say what evidence is missing.
- The company repeatedly asks for documents you already sent.
- The claim gets reassigned from adjuster to adjuster with no progress.
- The insurer ignores witness statements, photos, medical records, or repair estimates.
- The company delays a liability decision even after fault is reasonably clear.
- The adjuster pressures you for a recorded statement but will not answer your questions.
- The insurer asks for broad medical releases unrelated to the accident.
- The company refuses to put its position in writing.
- The delay continues while bills, wage loss, and financial pressure pile up.
If the insurer has already refused to pay, read What to Do When the Insurance Company Won’t Pay After an Indiana Car Accident.
Why delay can help the insurance company
Delay can create pressure. While the insurer “investigates,” the injured person may be dealing with medical bills, missed work, car repairs, rental expenses, pain, uncertainty, and repeated calls. That pressure can make a low offer seem tempting.
Delay can also help the insurer by:
- Making witnesses harder to locate.
- Allowing video evidence to be overwritten.
- Creating frustration that leads to a rushed settlement.
- Encouraging treatment gaps because bills are unpaid.
- Pushing the claimant into giving unnecessary statements or releases.
- Running time off legal deadlines.
This is why a claim should be organized early. Evidence should be preserved before delay becomes the insurer’s advantage.
How to document insurance delay
The Indiana Department of Insurance advises consumers to keep copies and records of all correspondence with insurance companies, including phone and in-person contacts, dates, names, titles, and what was said.[1] That is practical advice in injury claims too.
Keep a simple claim log that includes:
- Date and time of each call.
- Name and title of the adjuster or representative.
- Claim number.
- What the insurer requested.
- What you sent and when.
- Promises the adjuster made.
- Deadlines or follow-up dates.
- Copies of emails, letters, uploaded documents, and fax confirmations.
If the company later says it never received something, your documentation may matter.
Questions to ask when the adjuster says the claim is still under investigation
If an adjuster keeps repeating “we’re still investigating,” ask for specifics. Useful questions include:
- What specific issue is still being investigated?
- What documents or evidence are you waiting for?
- Have you received the police report?
- Have you reviewed the medical records and bills already sent?
- Are you disputing coverage, liability, causation, or damages?
- What is your expected decision date?
- Will you put the missing items or disputed issues in writing?
- If you are denying or limiting the claim, what is the written basis?
Do not guess, exaggerate, or fill silence with unnecessary statements. Keep the conversation focused on what the insurer still needs and when it will respond.
Do not let delay push you into a bad settlement
The Indiana Department of Insurance also advises consumers not to rush into a settlement and to seek professional advice if they have questions about fairness.[2] That is especially important in injury claims, where the first offer may come before the full medical picture is known.
Before settling, make sure you understand:
- Whether you are still treating.
- Whether future care may be needed.
- Whether all medical bills have been gathered.
- Whether liens or health insurance reimbursement claims exist.
- Whether wage loss has been documented.
- Whether the release covers only one claim or more than you intended.
Once you sign a release, you may not be able to reopen the claim because your injuries got worse or more bills arrived.
Insurance delay does not stop Indiana legal deadlines
One of the most dangerous parts of delay is that it can make a claimant feel like the claim is safely “open.” But an open insurance claim is not the same as a filed lawsuit, and claim discussions do not automatically protect every deadline.
Indiana Code § 34-11-2-4[1] generally provides a two-year limitation period for actions involving injury to person or character.[3] Some claims, including claims involving government entities, may have much shorter notice deadlines. Do not rely on an adjuster’s ongoing investigation to protect your legal rights.
For related timing issues, see How Long Do I Have to File an Auto Accident Claim in Indiana?
Be careful with recorded statements and broad releases
Sometimes delay is paired with requests for more statements or broader medical releases. The insurer may say it cannot finish investigating until you comply. Some requests may be legitimate. Others may be too broad or risky.
Before giving a recorded statement to the other driver’s insurer or signing a broad medical authorization, read Should You Give a Recorded Statement After a Car Accident in Indiana? and Should You Sign an Insurance Adjuster’s Medical Release?
What to do if the insurance company keeps delaying
- Ask what specific issue remains under investigation.
- Ask for the request or dispute in writing.
- Send organized copies of key evidence, not originals.
- Keep a claim log of every call, email, upload, and letter.
- Preserve photos, videos, witness information, medical records, and wage proof.
- Do not sign a release just because you are frustrated.
- Talk to an attorney before deadlines or financial pressure force a bad decision.
Fort Wayne and Indiana practical note
Insurance delay can be especially stressful when your car is damaged, you are missing work, and medical bills are arriving before the liability insurer makes a decision. In Fort Wayne crashes, evidence from I-69, I-469, Coliseum Boulevard, Lima Road, Illinois Road, Coldwater Road, Jefferson Boulevard, downtown intersections, and construction zones may need to be preserved quickly.
If the insurer says it is still investigating fault, witness statements and scene evidence may matter. Read How Witness Statements Help Establish Fault After an Indiana Accident.
Talk to a Fort Wayne injury lawyer about insurance delay
If the insurance company keeps saying it is still investigating but will not give you clear answers, Delventhal Law Office can review the claim, identify what evidence matters, and help protect your deadlines.
Call (260) 484-6655 or contact us online for a free consultation. There is no fee unless we recover for you.
Frequently asked questions
Is “we’re still investigating” always a bad sign?
No. Early in a claim, investigation can be reasonable. It becomes concerning when the insurer will not identify what is missing, repeatedly asks for the same information, or avoids a decision after key evidence is available.
How long can an insurance company investigate an Indiana injury claim?
The answer depends on the facts, coverage issues, and evidence needed. But an insurer should communicate clearly and act reasonably. If the delay is unexplained or ongoing, consider getting legal advice.
What should I ask the adjuster during a delay?
Ask what specific issue is still under investigation, what documents are missing, whether coverage or liability is disputed, and when the insurer expects to make a decision. Ask for the answer in writing.
Should I accept a low offer just to end the delay?
Usually not without understanding your injuries, medical bills, future care, wage loss, liens, and legal rights. Once a release is signed, the claim may be over.
Can insurance delay affect my legal deadline?
Yes. Ongoing claim discussions do not automatically stop Indiana lawsuit deadlines. Some claims also have shorter notice requirements. Do not wait until the deadline is close to ask for help.
Sources and authority
- Insurance Claim Tips, Indiana Department of Insurance, correspondence and claim-record guidance, https://www.in.gov/idoi/consumer-services/insurance-claim-tips/[2].
- Insurance Claim Tips, Indiana Department of Insurance, settlement and professional-advice guidance, https://www.in.gov/idoi/consumer-services/insurance-claim-tips/[2].
- Indiana Code § 34-11-2-4[1], Indiana General Assembly, limitation period for injury to person or character, https://iga.in.gov/laws/2024/ic/titles/34#34-11-2-4[1].
- Indiana Code § 27-4-1-4.5[3], Indiana General Assembly, unfair claim settlement practices reference, https://iga.in.gov/laws/2024/ic/titles/27#27-4-1-4.5[3].
This article is general information for Indiana readers, not legal advice for a specific case. Reading it or contacting the firm does not create an attorney-client relationship.
