
Been in a truck accident? You’re not alone. The US sees over 168,000 truck accidents annually which leaves many people to handle difficult aftermaths.
The process of filing insurance claims following truck accidents differs significantly from filing claims after regular car accidents. The consequences are more significant and accidents involving trucks usually lead to worse injuries while the insurance firms operate aggressively. Well, they’re playing hardball.
This guide provides a detailed walkthrough to help you claim the compensation you deserve after a truck accident. The guide presents straightforward instructions which anyone could use – regardless of being emotionally affected by the crash.
What You’ll Find Inside:
- Why Truck Accident Claims Are Different
- First Steps After a Truck Accident
- Dealing With Insurance Companies
- Common Insurance Tactics to Watch Out For
- How to Calculate Your Claim’s True Value
- When to Get a Truck Accident Lawyer Involved
Let’s jump right in.
Why Truck Accident Claims Are Different
The nature of truck accident claims distinguishes them from regular car accident claims because they operate on completely different principles.
The damage from being struck by an 80,000-pound commercial truck typically results in severe consequences..
Here’s why truck accidents are different:
- Separate insurance policies exist for the truck driver, trucking company, cargo loader, and truck manufacturer which might be applicable.
- The federal government imposes strict regulations on commercial trucks which are not applicable to standard vehicles.
- Commercial trucks generally have significantly higher insurance coverage limits than normal cars.
The insurance adjusters from the trucking company begin their work right after an accident occurs. Their goal? Minimize the amount they’ll pay you.
First Steps After a Truck Accident
The actions you take within the initial hours and days following a truck accident will strongly determine whether your insurance claim succeeds or fails. Here’s what you need to do:
- Get Medical Help Immediately: Seek medical evaluation because injuries may be hidden even if you feel okay. Some injuries take days to show symptoms.
- Document Everything: Capture images of the accident site while also documenting every vehicle involved together with the visible injuries you sustained and the current state of the roadway.
- Find Witnesses: Ask any witness to the accident for their contact details. Their testimony could be crucial later.
- Report the Accident: Contact law enforcement and ensure they complete an official report. Get a copy as soon as possible.
Research shows that distracted driving caused approximately 3,308 fatalities in 2022 and continues to be a major factor in truck accidents. The need to collect driver behavior evidence becomes clear from this information.
Dealing With Insurance Companies
Following a truck accident you will probably need to interact with the insurance adjusters from the trucking company. These folks are professional negotiators with one job: pay you as little as possible.
When a truck accident lawyer reviews insurance company tactics, they consistently see the same playbook used against victims. Insurance companies operate under the assumption that you lack knowledge about their rules.
These guidelines show you how to communicate with insurance companies effectively.
- Insurance adjusters will often request a recorded statement during their first interaction with you. Don’t give one without legal advice.
- Insurance companies use fast offers to get you to sign forms, including medical releases. Accepting these forms lets insurance companies review your complete medical history.
- The initial offer from insurers tends to be below fair compensation levels. Insurance companies have knowledge of the real worth yet begin negotiations with lowball proposals.
Insurance adjusters can use your statements to potentially decrease your claim amount or deny it entirely. The most effective strategy for handling insurance adjusters is to let an experienced professional conduct the communication on your behalf.
Common Insurance Tactics to Watch Out For
Insurance companies use numerous deceptive strategies when handling truck accident claims. Knowing these strategies enables you to steer clear of their deceptive practices.
- Delay, Delay, Delay: The insurance company understands you have mounting bills which creates desperation to agree to a low settlement offer.
- Social Media Surveillance: Insurance companies routinely check social media accounts of accident victims to look for posts that conflict with their injury claims.
- Quick Settlement Offers: While you remain in hospital or shortly after the accident, companies might propose immediate cash settlements.
Some trucking companies face rising insurance premiums as a result of large awards from insurance verdicts referred to as “nuclear verdicts”. Some insurers have responded to recent developments by becoming more assertive in their approach to handling claims.
How to Calculate Your Claim’s True Value
The true value of truck accident claims remains unknown to most victims who suffer accidents. Insurance companies count on this.
Your claim should include compensation for:
- The claim should include both existing medical expenses and anticipated future medical costs that stem from your injuries.
- Your claim should reflect wages lost throughout your recovery period and any diminished earning potential.
- The claim for property damage should cover the costs for fixing or replacing your vehicle and repairing or replacing damaged personal items.
- Truck accident claims should account for both physical pain endured and emotional suffering experienced.
The majority of truck accident lawsuit outcomes show plaintiff payments ranging between under $2 million and over $5 million but smaller verdicts and settlements below $1 million occur more often.
The main point is recognizing that certain damages such as future medical requirements take time to become visible following an accident. After you accept a settlement you lose the opportunity to seek additional compensation for any later-discovered problems.
When to Get a Truck Accident Lawyer Involved
Since less than 2% of insurance claims result in litigation most of them settle before reaching court thanks to legal representation which helps achieve higher settlements.
You need to think about hiring a truck accident lawyer when:
- You’ve suffered serious injuries
- The fault is being disputed
- Multiple parties might be liable
- Your insurance company is procrastinating on your claim while simultaneously rejecting it.
Plaintiff payments for cases below $1 million usually fall between $406,000 and $449,000 while the mean payment for cases above $1 million reaches $3.1 million by 2019. The importance of proper representation cannot be overstated when it comes to obtaining an accurate valuation for a claim.
The number of semi-truck related injury accidents in Texas reached 5,846 in 2022 which exceeded California’s count of 2,675 by more than double. The requirements and deadlines for legal processes vary from state to state which makes it important to understand what applies in your specific area.
Wrapping It All Up
The process of dealing with insurance claims after a truck accident presents significant complexities. The process requires careful attention because the stakes involve significant consequences and the opposing side hires professionals who work against you from the start.
Remember these key points:
- The procedures and factors involved in truck accident claims stand apart from those in car accident claims
- The steps you take during the first days following an accident carry critical importance.
- Insurance companies employ methods that aim to decrease the amount of compensation they pay out.
- It’s fundamental to understand your claim’s real worth before agreeing to any settlement offer.
If you sustained injuries in a truck crash you should not attempt to negotiate with insurance companies by yourself. Receive necessary medical treatment and keep exhaustive records while seeking advice from an experienced truck accident lawyer to create a fair negotiating environment.
Prioritize your recovery and leave the insurance negotiations to the experts.