Getting into a truck accident is a terrifying experience. The size and weight of commercial trucks make these crashes especially dangerous, often leading to serious injuries, property damage, and financial strain. Wondering “How to file a truck accident claim & deal with insurance companies? Do not worry, we have you covered.
The first thing to remember is that there’s a massive difference between a truck accident and other vehicle accidents in terms of damage and compensation.
If you’ve been involved in a truck accident, you may be entitled to compensation, but we know dealing with insurance companies can be challenging. The main issue is the tactics insurance companies use to avoid liability.
For instance, they often use tactics to minimize payouts, deny claims, or delay settlements. Knowing how to handle the claims process and understanding your rights can help you secure the fair compensation you deserve.
The Claims Process: What to Expect From Your Case
Filing a truck accident claim involves several steps. Understanding the process can help you prepare for what lies ahead:
Report the Accident
Notify your insurance provider and the trucking company’s insurer about the accident.
Gather Evidence
Present all necessary evidence, including medical records, witness statements, accident reports, and photos.
Calculate Damages
Consider all financial losses, such as medical expenses, lost income, property damage, and future medical costs.
File the Claim
Submit a detailed claim with supporting documents to the insurer.
Settlement Negotiations
The insurance company may offer a settlement. If it’s too low, negotiations will follow.
File a Lawsuit if Necessary
If a fair settlement isn’t reached, your attorney may file a lawsuit for rightful compensation. This is where a truck accident lawyer can help you with insurance claims and the entire claims process.
Common Insurance Tactics and How to Protect Yourself
Insurance adjusters are trained to minimize payouts. Here’s how you can protect yourself:
- Do not accept the first settlement offer. It’s often lower than what you are entitled to.
- Consult an experienced truck accident attorney. They can assess the true value of your claim.
- Document everything. Keep records of medical treatments, repair bills, and all correspondence with the insurer.
- Avoid giving recorded statements. Anything you say can be used against you.
- Know your policy coverage. Understanding your insurance coverage helps prevent the insurer from misleading you.
Compensation You May Be Entitled To In Such Cases
A truck accident can cause significant financial burdens. The compensation you may receive depends on the extent of your injuries and losses. You may be eligible for:
- Medical expenses – Covering past, present, and future medical costs.
- Lost wages and lost income – Compensation for missed workdays and reduced earning capacity.
- Property damage – Repairs or replacement of your vehicle.
- Pain and suffering – Compensation for emotional and physical distress.
- Wrongful death damages – If a loved one lost their life in a truck accident, their family may seek damages.
Basic Steps to Follow Right After a Truck Accident
We understand that a truck accident can be a really distressing and overwhelming experience. However, knowing the right steps to follow right after such incidents is just as crucial. Here’s what you need to do right away.
1. Seek Medical Attention Immediately
Your health should be your top priority after a truck accident. Even if you feel fine, some injuries, like internal bleeding or whiplash, may not be immediately apparent.
Seeking medical attention promptly ensures your well-being and creates a medical record that can serve as crucial evidence in your accident claim.
The insurance company may argue that your injuries are not serious if there is a delay in seeking medical treatment. Keep records of all medical expenses, including hospital visits, medications, physical therapy, and future medical costs.
2. Gather Necessary Evidence at the Scene
The strength of your truck accident claim depends heavily on the evidence you collect. If possible, gather evidence immediately after the crash. Take photos and videos of the accident scene, vehicle damage, skid marks, traffic signals, and any visible injuries.
Collect witness statements and their contact information. Obtain the truck driver’s details, including their license, employer, and insurance coverage.
Police reports can also play a vital role in establishing liability. If you cannot gather evidence due to injuries, an experienced truck accident attorney can conduct an investigation on your behalf. In some cases, victims may not have a police report, but here’s what you can do if that’s the case.
3. Understand Liability in Truck Accident Cases
Truck accident cases often involve several parties, making liability more complex than regular car accidents. The truck driver, trucking company, cargo loaders, vehicle manufacturers, or maintenance providers could all bear some responsibility.
An experienced truck accident attorney can help determine fault by analyzing driver logs, maintenance records, and other key evidence. Trucking companies may try to shift blame to avoid liability, so having legal assistance ensures your best interest is protected.
4. Dealing with Insurance Companies and Insurance Adjusters
Insurance companies are not on your side. Their goal is to settle for the lowest amount possible. You may receive a phone call from an insurance adjuster soon after the accident, asking for a recorded statement.
Avoid providing detailed statements without consulting a truck accident lawyer, as insurers can use your words against you. Stick to basic facts and never admit fault.
Tactics insurance companies use include:
- Offering a low initial settlement offer, hoping you will accept quickly.
- Delaying the claims process to pressure you financially.
- Denying your claim outright in bad faith.
- Disputing medical costs or arguing your injuries were pre-existing.
If an insurance company denies your claim or refuses a fair settlement, an experienced attorney can negotiate on your behalf and, if necessary, file a lawsuit to recover what you deserve.
When to Hire a Truck Accident Attorney
While you can file a claim on your own, truck accident claims are complex, and insurance companies have legal teams working against you. Hiring an experienced truck accident attorney significantly increases your chances of receiving fair compensation. They will:
- Handle settlement negotiations with insurers.
- Gather crucial evidence to strengthen your case.
- Determine liability and identify all parties involved.
- File a lawsuit if necessary to cover damages.
- Represent your best interests against insurance companies.
Wrapping It Up
Filing a truck accident claim and dealing with insurance companies can be overwhelming. The insurance company may try to deny your claim, minimize your injuries, or pressure you into accepting a low settlement. Protecting yourself means seeking medical attention, gathering evidence, understanding liability, and working with a truck accident lawyer at Bourassa Law Group who can fight for your rights.
Don’t let the insurance company take advantage of you—know your rights and take the necessary steps to secure fair compensation for your losses.
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