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What to Do If Denied Compensation for Truck Crash Injuries
After a truck accident, you probably expect a big payout from the driver’s (or their employer’s) insurance company. The driver clearly caused the accident, you may think, so there should be no reason for the insurance company to deny your claim.
However, that’s often exactly what happens. It can be frustrating when the insurance company denies you compensation, but a denial doesn’t have to be the end of the road. Learn what to do next from a truck accident lawyer.
Understand Why the Insurance Company Denied Your Claim
When an insurance company denies your claim, they will send you a letter detailing why. Read this letter carefully because the reason for the denial will inform your next steps.
Common reasons for claim denials include:
- Lapsed coverage: If the truck driver or their employer didn’t pay their insurance premiums on time, their coverage may have lapsed. If they’re not covered by insurance at the time of the crash, that leads to a denial for you.
- Policy exclusions: It’s possible the driver or their employer’s actions fell within their insurance policy’s exclusions. For instance, if the accident happened because the trucking company failed to maintain the vehicle, that might fall under an exclusion.
- Failure to notify: Insurance companies require notification of an accident within a certain timeframe. If you, the driver, or their employer miss the deadline, the insurer will likely deny the claim.
- Disputed liability: This is a very common reason for claims denials. The insurance company might try to say that you were liable for the crash, not the trucking company.
- Pre-existing conditions: If the insurance company thinks you were injured in a different accident or incurred a disability before the accident, it will deny your claim.
Hire a Truck Accident Lawyer
Regardless of the reason for your claim denial, hiring a truck accident attorney is a wise idea. Your lawyer can explain the denial in more detail and formulate a plan for an appeal.
To appeal, you must send a letter to the insurance company outlining why you think its decision was wrong. If the company denied you because of a lack of evidence, you must submit proof that shows liability.
Black box data from the truck that hit you can serve as very important evidence. The black box contains data on the driver’s speed, braking habits, direction at the time of the crash, hours behind the wheel, and daily inspection reports.
The Federal Motor Carrier Safety Administration (FMCSA) requires truck companies to preserve such data for at least six months, but not all abide by the rules. Your truck accident lawyer can file a restraining order to prevent the company from destroying black box data.
Other evidence that could help reverse a denial includes:
- Statements from your doctor connecting the accident with your injuries
- Photos of property damage to your car, the truck driver, the condition of the truck, and the accident scene
- Witness statements from people who saw the crash
- Surveillance camera footage
- Car accident reconstructionist reports
File a Lawsuit Against the Trucking Company
If the insurance company still refuses to reverse the denial, your only recourse may be to file a lawsuit against the trucking company. A truck accident lawyer can help build your case, negotiate for a settlement, and represent you in court if the lawsuit goes to trial.
Contact Parker Waichman LLP
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 can help you understand your rights. If the insurance company has denied your claim and you need help filing an appeal, reach out to a truck accident lawyer at Parker Waichman LLP today.