What Is the Truck Accident Claim Process?

What Is the Truck Accident Claim Process?

The truck accident claim process may include filing a claim with your own insurer and a third party’s insurance company. You must report your losses, work with the insurance company, and negotiate a settlement. You may face several challenges along the way, and a fair settlement is not a guarantee.

Many truck accident victims let a lawyer handle their claim(s). A lawyer offers knowledge, experience, and resources you may not have. Allowing an Austin truck accident attorney to lead your case will give you more time to focus on your health.

Filing Insurance Claims After a Truck Accident—What Lies Ahead​

Though everyone’s post-accident path has different wrinkles, most truck accident victims will move forth by:

Filing Notice of the Accident​

The accident victim will notify their auto insurer of the accident. You may also hear from insurers representing liable parties, such as truck drivers or trucking companies.

Working with Insurance Adjusters​

You will likely need to work with insurance representatives to:

• Give your account of how the accident happened
• Allow the adjuster to document damage to your vehicle
• Share information about your injuries and medical expense
• Provide documentation of vehicle repairs ​

Hire an attorney before interacting with insurance representatives. Insurance companies have their financial interests to consider and do not always act in good faith. Having a lawyer deal with insurance representatives will protect you.

Submitting a Demand Letter​

An attorney can craft a formal demand letter to submit to one or more insurers.

A demand letter may state:

• The injuries you suffered because of the truck accident
• The nature of your accident-related losses
• The long-term effects of your injuries
• How much compensation you are requesting from the insurance companies
• Any other relevant information​

A truck accident lawyer will know what goes into a strong demand letter. They can craft and send the demand letter for you.

Negotiating a Settlement​

Once the insurance company understands your demands, it can choose to meet them. More likely, the insurance company will negotiate with your representative. If each side can come to a fair agreement, that may be the end of your case—it is how most civil cases end, in fact.

During settlement negotiations, your truck accident lawyer will:

• Explain how the truck accident has negatively affected your life (including specific damages, like medical bills and mental health problems)
• Present their calculation of your accident-related damages
• Present documentation of damages
• Cite details of any insurance policy that entitles you to compensation
• Submit proof that the insurance company’s policyholder is responsible for the truck accident​

Insurance companies defend their financial interests. Your lawyer will defend yours. At the end of settlement negotiations, your lawyer will advise you to accept the best offer or allow them to keep fighting for more.

Considering Filing a Lawsuit Against Liable Parties​

If liable insurers do not offer your lawyer the compensation you deserve, you may need to go to trial.

Trials are relatively rare because:

• They take time (often months and sometimes years)
• They can be costly
• They come with uncertainty, as a jury will ultimately determine the outcome​

However, trials can result in a large financial recovery. Most truck accident victims cannot try a case without a lawyer, though. With an experienced attorney leading your case, if insurers do not offer the settlement you deserve, you can win your case at trial.

Insurance Companies Are a Formidable Foe, Especially If They Deal in Bad Faith​

Those not in a severe auto accident may assume that insurance companies have their best interests at heart or are bound to act morally. This is not necessarily true, as insurance companies are often most liable to their shareholders.

An insurance company’s profit motive may lead them to treat you in less-than-fair ways, which may include:

• Inaccurately blaming you for causing the truck accident
• Denying your claim
• Undervaluing your accident-related losses
• Delaying your claim
• Offering a lowball settlement
• Misrepresenting your words or actions
• Misrepresenting the details of an insurance claim​

An insurance company’s motive may be to pay you as little compensation as possible. If an insurer can pay you nothing, it may do so. Your lawyer will demand that liable insurance companies pay all the compensation you deserve.

Your Attorney Will Prepare for Settlement Negotiations by Documenting the Truck Accident​

As your lawyer builds your insurance claim or lawsuit, they will secure all evidence that works in your favor.

Such evidence may include:

• Data from the truck: An attorney may use the truck itself as evidence. Specifically, data from the truck’s black box may contain vital information about why the collision happened. Your lawyer may also get employment logs, photographs of damage to the truck, and any other relevant evidence from the liable trucking company.
• Eyewitness testimony: An eyewitness can provide an unbiased, detailed account of the truck accident. Because witnesses typically have no reason to lie, their accounts can be compelling evidence in your case’s favor.
• Video footage of the accident: Footage from security cameras, dash cameras, or other sources may show exactly how the collision occurred. Many trucks have onboard cameras, and your lawyer may demand camera footage from the liable trucking company.
• A police report: A police report detailing your accident may benefit your case. The responding officer may have indicated that a truck driver or another liable party caused your accident.
• An expert’s reconstruction of the accident: Truck accident lawyers often work with experts to strengthen their clients’ lawsuits and claims. An expert may use witness accounts to reconstruct how the accident occurred. They may reconstruct the collision using software or a physical exhibit.​

Your lawyer will also record your account of the accident. Using all available evidence, your attorney will make the case that one or more other parties are at fault for your truck collision.

Your Attorney Will Also Document Each of Your Accident-Related Damages​

Documentation of your damages is another key piece of your case.

Your attorney may prove the cost of your truck accident with:

• Medical records (including images of injuries, doctors’ diagnoses of your injuries, and bills)
• Proof that you have lost income because of your truck accident
• Invoices for vehicle repairs, temporary transportation, and other property-related expenses
• An expert’s diagnosis of your pain and suffering (which may come from a physician, psychiatrist, or other qualified professional)
• Any other evidence of your economic or non-economic damages​

An insurance company may push back against your lawyer’s settlement demands. Your lawyer will respond convincingly to their protests with undeniable proof of your damages.

When Settlement Negotiations Arrive, Your Truck Accident Lawyer Will Fight for You​

Preparing for settlement negotiations is one thing. Succeeding in settlement negotiations is an entirely different challenge.

Your attorney will need to:

• Meet with liable parties to discuss a settlement
• Explain their calculation of your damages (and justify the methods used to reach the settlement target)
• Provide proof of your damages
• Provide evidence that liable parties are financially responsible for your damages​

There is a countless list of potential arguments your lawyer will face during negotiations. For instance, the insurance company’s lawyers may claim that your injuries existed before the accident. Your lawyer will have to respond convincingly to every challenge to your case.

What Damages Will My Truck Accident Lawyer Seek Compensation For?​

Your attorney will identify all of your accident-related damages, which may include:

• Professional damages such as diminished earning power, lost income, missed performance bonuses and lost benefits
• Pain and suffering, which may include physical pain, lost quality of life, and conditions like anxiety, depression, and post-traumatic stress disorder (PTSD)
• Property costs such as vehicle repairs, ridesharing services, a rental car, and replacement of damaged personal items
• Medical expenses, including the cost of ambulance transport, diagnostic imaging, emergency services, doctor visits, and medical equipment​

Damages from a truck accident can overwhelm you. Never make assumptions about the cost of your accident. Instead, allow an attorney to evaluate your losses and provide a precise calculation of your losses.

A Truck Accident Lawyer Will Seek Financial Recovery for a Fatal Collision​

If your loved one died because of a fatal truck accident (and those that caused the accident), a lawyer can lead a wrongful death action on your behalf.

Fatal truck accident cases may involve a long list of serious damages, including:

• Funeral costs
• Burial or cremation costs
• Loss of a spouse’s companionship
• Loss of a parent’s guidance and support
• Loss of the decedent’s income and household contributions
• Your pain and suffering, including grief
• Any pain and suffering the decedent experienced before passing away​

A wrongful death always warrants a large financial recovery. Liable parties must be completely financially accountable for causing such a tragic loss.

Who Will Be Financially Responsible for the Truck Accident? ​

Once your lawyer gathers all the facts and evidence about your accident, they will know who you can hold liable for your damages. Liable parties may include:

A Truck Driver​

Truck drivers who work while impaired, speed, tailgate, or engage in any other dangerous behavior are responsible for resulting accidents. Usually, a truck driver’s employer must pay for any collision the employee causes.

A Trucking Company​

Trucking companies are often liable for their employees’ actions.

You can hold a trucking company liable for its employees, including when the company:

• Hires an underqualified driver
• Fails to monitor drivers for drug use, alcohol abuse, and dangerous driving practices
• Fails to repair or replace vehicles as necessary
• Engages in any other negligent practice that contributes to an accident​

Your attorney will evaluate the trucking company’s actions and identify any negligence contributing to your accident.

A Vehicle Manufacturer​

If a vehicle defect caused your accident, your attorney will work to hold a manufacturer liable for producing a dangerous product.

A Municipality​

City, state, and federal governments can be responsible for creating or allowing dangerous road conditions. From potholes to poorly positioned work crews, there are many hazards that a municipality must address to keep motorists safe.

Each truck accident happens under different circumstances. Your attorney will identify every party financially responsible for your accident-related damages.

There May Be a Deadline for Filing Your Case, So Don’t Wait to Find a Truck Accident Lawyer​

You must file a lawsuit by the filing deadline for your case if you do not receive the settlement offer you deserve. Hire a personal injury lawyer as soon as possible so they can file your case and fight for the compensation you deserve.