Collisions involving large trucks can lead to devastating injuries, extensive property damage, and complicated legal battles. After an accident, many people assume that insurance will just cover their losses pretty reasonably and efficiently. Unfortunately, that is not always the case. Insurance companies will almost always prioritize their bottom line over the well-being of the actual accident victims. Yes––you read that right, which is why it is pivotal to know how these claims get handled and what obstacles can get in the way of your fair compensation.
The Insurance Claims Process for Truck Collisions
Filing an insurance claim after a truck accident follows a general process, but some differences may change the process, from multi-party wrecks to corporate insurance. While there are many regulations in place for home trucking companies and drivers responsible, there are also legal loopholes that can be used to deny or reduce claims. Further, commercial trucks are covered under different forms of insurance.
- The truck driver’s personal insurance policy (if they are an independent contractor)
- The trucking company’s commercial policy
- Cargo insurance (if the cargo itself contributed to the accident)
- Third-party maintenance or leasing companies’ insurance (which would be a factor if faulty maintenance or equipment failure impacted the crash occurrence)
These are just some of the differences between your average accident and one involving a truck. Determining which policies apply calls for careful investigation, particularly as insurance companies often try to pass the blame back and forth between each other to avoid paying the claim. You must be vigilant or have a truck accident lawyer fight for you at every step of the process so your rights and compensation remain intact.
Filing the Initial Claim
After a truck crash, the insurance claim is usually filed with the at-fault party’s insurance provider. In California, trucking companies and their drivers have to carry higher liability coverage than a standard vehicle driver would because of the possibility of seriously injured injuries and nasty crashes. Filing your claim will involve submitting details about the incident, your medical records, any repair estimates, and all evidence gathered at the scene.
The Insurance Company’s Side
Once a claim is put through, the insurance company will start their side of the investigation. The process can have some variations but will typically include the following:
- Reviewing accident reports and witness statements
- Examining medical records to assess the severity of injuries
- Evaluating damage to vehicles and property
- Requesting recorded statements from involved parties.
The insurance adjuster will be looking for any incosistencies or other routes for the insurance company to minimize their payout obligation. Statements given without legal guidance can sometimes be used against claimants to reduce the value of their case.
The Negotiation Process
If your initial settlement offering seems insufficient, there is space for negotiations to begin between yourself and the insurance company. Negotiations can involve presenting additional materials like medical records, expert testimony, or accident reconstruction reports that could justify a higher settlement value. Insurance companies may push back by arguing that:
- The victim had pre-existing injuries or conditions
- The severity of the injuries is exaggerated
- Liability is shared, reducing the claim amount in California because of comparative negligence laws.
Note: Comparative negligence in California means that even if you were partially at fault for an accident you can still get compensation––partially. However, the amount you will receive will be set based on the percentage of fault assigned to you. For instance, if you are deemed 20% responsible for a collision, you will still receive 80% of the total calculated compensation amount.
When a Lawsuit Goes From Possibility to Necessity
If negotiations do not facilitate an adequate compensation amount, then filing a lawsuit could become necessary. Truck accident lawsuits involve a discovery phase where both sides gather evidence, depose witnesses, and analyze expert opinion; if you haven’t settled pre-trial, the case will be presented in front of a judge or before a jury, who will determine liability and damages. If you have not already hired an attorney, you would definitely want to meet with one if compensation does not meet your expectations and, most importantly, what you deserve based on the facts and damages.
Be Weary of These Common Insurance Company Tactics
Insurers employ strategic manoeuvers to avoid large compensation amounts. Therefore, you must be equally strategic.
The Expedited Initial Settlement Offer
Many insurance companies will also present a quick settlement offer soon after the accident. While it might seem like a quick and easy resolution, these offers often fall flat when compared to what you, as the victim, are actually entitled to receive. Accepting a settlement too soon can act against you as it translates to missing out on compensation for long-term medical costs, lost wages, and other damages often not calculated into these quick-to-rise offers.
Recorded Statements Used Against You
An adjuster may request a recorded statement, claiming it is needed in order to carry the claim forward. However, even seemingly innocuous comments can be contorted in such a way that they downplay the severity of your injuries. Alternatively, a recorded statement can be manipulated to imply shared fault or an admission of guilt. You should consult your practiced and knowledgeable California truck accident attorney before speaking with an insurance rep or adjuster.
Disputing Medical Treatment
Insurance companies often question the necessity of specific medical treatments, claiming they are excessive or unrelated to the accident. They might also push for an Independent Medical Examination (IME) by a practitioner of the insurer’s choosing. Thus, it can put you in a situation where you are dealing with a physician with a bias and a minimization of your injury claim.
Delaying the Claims Process
Some insurers will intentionally seek out delaying or dragging the entire process out in hopes that you, the claimant, will become so frustrated you accept a lowball offer. While this sounds almost juvenile, it can work without proper awareness and representation. They repeatedly request additional paperwork or claim an internal review is needed, all while financial pressure begins to build on the injured party, even causing them to succumb to an inadequate settlement.
Blaming the Victim
California follows a pure comparative negligence system, meaning you can recover damages even if you are partially at fault. However, insurance companies will often try to assign as much blame as possible onto the victim, even when unrightfully (i.e., victim blaming), to diminish their ultimate payout amount. They might argue the injured party was speeding, distracted, or otherwise contributed to the crash––so you must prepare yourself for these tactics.
What You Can Do to Start Protecting Your Position
Insurance companies have teams and teams of adjusters. They also have extensive legal representation, all working diligently and exhaustively for the big bottom line––block or limit the payout. Thus, you must seek medical attention immediately or as soon as possible following an accident, especially a truck accident. Follow through with all your medical appointments and treatment plan instructions. On the topic of medical care, keep records of damages, injuries, treatments and treatment plans, hospital bills, and all associated costs. Remember, you want to avoid giving recorded statements to adjusters without legal representation.
Given insurance providers’ often aggressive strategies, legal assistance can enormously impact a claim’s outcome. Your lawyer will handle all the communication with insurance companies and gather and present substantial evidence to establish liability. They will also work to calculate the fullest extent of damages, including future medical costs and any possible lost earning potential that may have occurred. They are professionals and will negotiate as such when it comes time to seek a fair settlement. If a settlement is impossible, they will fight for your case, rights, and compensation in court.
Most importantly, the benefit of working with a skilled California attorney is you can focus on what matters––your recovery and well-being. Contact a trusted and experienced California truck accident attorney for a free and confidential consultation.
