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How Do Trucking Companies Handle Accident Claims?
No matter how defensively you drive, there’s always a chance that a dangerous truck could tip over, collide with your car, or send your vehicle careening into a roadside ditch. For instance, perhaps a FedEx freight driver worked one too many hours and dozed off behind the wheel. Or maybe a semi-truck driver stopped at the bar before continuing their route. Such events with commercial trucks are a few of the causes of trucking company accidents.
If you’re the victim of a truck accident, the trucking company may pay for your damages. Below, learn what to expect during the claims process.
How the Truck Accident Claims Process Works
The first thing you’ll need to do (after seeing a doctor and calling a truck accident lawyer) is to gather evidence related to your accident. The insurance company could lower your settlement amount or deny your claim without enough evidence.
Such evidence may include:
- Records of your medical treatment
- Statements from witnesses
- Police reports
- Accident reconstructionist reports
- Surveillance camera footage
- Information from the Federal Motor Carrier Safety Administration (FMCSA) Safety and Fitness Electronic Records (SAFER) System
- Black box data from the truck that hit you
Your truck accident attorney can help you collect this evidence. Once they’ve done that, they will draft a personal injury demand letter that includes how the accident harmed you and a value for your damages.
At this point, the insurance company will accept the demand, negotiate with your attorney, or reject your claim. If the insurer rejects your claim, it may be necessary to move toward a trial.
Damages you can sue for could include:
- The cost of all medical expenses related to the crash, both current and future
- Lost wages and lowered earning capacity
- Disability
- Property damage
- Emotional damages
Watch Out for These Tactics From Insurance Companies
As you may expect, insurance companies want to pay as little as possible for trucking company accidents. They might try to pull shady tricks to reduce your settlement or deny your claim.
Tactics insurance adjusters may use include:
- Offering a low settlement amount that doesn’t cover all of your damages
- Dragging their feet on responding to your claim
- Not keeping you informed through the claims process
- Pinning the blame on you, either partially or fully
What To Do (and Not To Do) After a Truck Accident
The first thing you should do after a truck accident is see a doctor. Trucks are massive vehicles, so chances are good that you’ve suffered at least some injuries. Seeing a doctor is also important because it establishes treatment records your lawyer can send to the insurance company.
Next, contact a reliable truck accident attorney. Your lawyer will establish a value for your damages, draft a demand letter, negotiate with the insurance adjuster, and represent you in a trial if need be.
You will also likely have to contend with calls from the insurance company. Provide limited information, such as your name and address, only. Direct all other questions to your lawyer.
Lastly, do not share details about the accident or claim with anyone until your case ends. Those details could make their way to the insurance company, which could use them against you to deny your claim.
Contact Our Firm for Help With Your Claim
Trucking company accidents can leave you with terrible injuries and damage to your car. If you or a loved one has been in a truck accident, call 1-800-LAW INFO to schedule your free consultation today. Our skilled truck accident attorneys at Parker Waichman LLP are eager to help you understand your rights.