Truck accident claims can be more complex than passenger car crashes. You may be entitled to a significant amount due to severe injuries and extensive property damage. But how well you navigate the truck accident claims process determines whether you’re able to get what you deserve.
In this guide, you’ll learn all you need to do to strengthen your position.
Steps to File a Truck Accident Claim
Here is a step-by-step process for filing a truck accident claim against a trucking company
Notify the Insurance Company
The first step in truck accident claims is to send out a formal notice to the truck’s insurance company. This is not the claim itself, as you don’t yet have a dollar value on your total losses.
The notice is simply to inform the insurance company that you were injured in an accident involving a truck insured by them, and so you’ll be reaching out on a future date to request compensation for your incurred losses.
You can do this via a phone call.
The deadline for filing a legal notice varies across insurance policies and locations. If you’re conscious and stable, it’s wise to send out the notice within 48 hours of the accident.
Failure to notify the insurance company within the deadline, and they may deny your claim.
Some companies can argue that you did not notify them only because the accident was not serious enough to warrant prompt notification, or that your delay made it impossible for them to investigate who was truly at fault while evidence was yet fresh.
Follow Through with Medical Treatment
Once you have notified the trucking company’s insurer, ensure you follow treatment procedures strictly. Medical evidence is a primary piece of evidence in personal injury claims, so it must be clear that you followed the doctor’s instructions rather than worsening your own condition through neglect and asking someone else to pay for the consequences.
Every penny spent on treatment will be calculated into your claim. Just make sure you get the medical care you need.
Investigation and Evidence Gathering
Evidence in commercial truck accidents usually involves electronic logging device data, black box data, and dashcam footage. They can contain data indicating whether the truck had maintenance issues, how many hours the driver worked and other information that may pin fault on the trucking company.
Trucking companies have the right to destroy them after a certain period. That means you’ll have to collect those assets quickly.
Having a lawyer is a smart idea at this point. Your lawyer can help you write a Spoliation of Evidence letter to the trucking company to preserve those materials until you can retrieve them.
If you’re hospitalized, you should hire a lawyer who can go out there on your behalf, retrieve the evidence, track down witnesses, and start building your case. You don’t have to wait until you’re back on your feet, as evidence needs to be collected when fresh before witnesses become hard to reach or start forgetting important details.
Estimate the Full Value of Your Claim
This involves calculating all your losses, both economic and non-economic.
Economic losses or damages include all medical expenses, rehabilitation costs, car repair costs, current and future lost wages, and all other out-of-pocket expenses arising from the accident. You can get this sum using simple addition.
Non-economic damages involve pain, suffering, and any other form of emotional distress. To calculate this, lawyers multiply your economic damages by a number, which varies depending on your injury’s severity.
The sum total of your economic and non-economic damages gives you the value of your truck accident claim.
Send the Demand Letter
Once you’ve calculated the value of your truck accident claim, the next step is to send a personal injury demand letter to the insurance company, stating.
This letter should clearly state how the accident has affected you and the amount of money you’re demanding to compensate for it.
Enter Settlement Negotiations or Trial
The insurance company will reach out to you, sometimes to deny your claim, sometimes to offer a lower amount than your demand, and other times to open the floor for negotiations.
Most truck accident claims are settled out of court.
If your claim is denied, find out why and act accordingly. For example, the denial could be an error on your part, which you would need to correct.
If the insurance company acts unreasonably and unjustly denies your claim, you can proceed to sue the trucking company directly in court.
Tips for Getting a Favorable Outcome in Your Claims Process
Gather Information at the Scene
If you’re not incapacitated by the accident, do your best to take photo and video evidence of the scene. Collect the truck driver’s insurance information through which you’ll notify them of the accident.
Ask witnesses to recount what they saw. Record their account on your phone. Do not force anyone, but try to obtain their contact information.
Get a Truck Accident Lawyer Involved Immediately
While it is not required by law to hire a lawyer, it is in your best interest to do so before filing a truck accident claim. A truck accident lawyer in Aurora strengthens the position of your claim because they have the hands-on experience regarding deadlines, processes, evidence gathering, potential pushback from the insurance company, and how to counter their tactics.
Let Your Lawyer Handle Correspondence and Negotiations
Be aware that the insurance adjuster will contact you from time to time while they investigate the matter on their end. Their goal is to find lapses in your statements so they can shift blame to you, thereby minimizing your claim.
To avoid making statements that can compromise your position, have your lawyer handle all correspondence with the insurance company.
Final Thoughts
Trials for truck accidents are rare events, but your lawyer should be ready for this possibility. If settlement negotiations break down, they can advise whether a trial or mediation is the better alternative.
If your injury is serious, do not attempt to handle the truck accident claims process yourself. Have an experienced lawyer take charge of the entire process so you can focus on your treatment.
