Suffering a truck accident is a life changing experience. Given their sheer size and bulk, commercial truck wrecks can be devastating, leading to catastrophic injuries, emotional and psychological trauma, and enduring financial hardship. Victims have the right to expect fair compensation from the at-fault party’s insurance company. The reality is, however, when you file a claim for truck accident injuries, you’re stepping onto a battlefield against insurance adjusters who are taught to defend their bottom line, and not looking out for your best interests.
This article will reveal the sneaky tactics that insurance adjusters employ in claims regarding a truck accident injury, the ways they attempt to reduce payouts, and most significantly, how you can combat them.
Why Truck Accident Claims Get Blown Out Of Proportion
Truck Accident Claims Are Not Like Regular Car Accidents Truck accident claims are much more complex than normal car accidents because they can include:
Several Potential At Fault Parties (Truck Driver, Trucking Company, Maintenance Providers, Or The Truck Manufacturer)
Rules of the Federal Motor Carrier Safety Administration (FMCSA)
Higher insurance policy limits
Catastrophic injuries with long-term effects
Extensive commercial insurance legal teams
Since the stakes are so high, insurers will pull out all the stops to minimize your payout or reject your claim altogether.
Below is a list of the dirty tricks that they may attempt against you.
Place The Blame on You
Adjusters will often attempt to place all or some of the blame on you, despite the fact that the truck driver or company was obviously negligent. This strategy lowers your payout by
comparative negligence laws.
Common strategies include alleging:
You were speeding or distracted
You failed to yield or signal
You were (constantly lost) in the blind spot of the car.
In truth, trucking companies frequently skimp on training their drivers correctly, cut corners on federal safety standards or convince their drivers to put themselves at risk.
How to Protect Yourself
Get a copy of the police report and examine it closely.
Get a copy of the police report and examine it closely.
Gather dashcam footage, traffic camera footage and witness statements.
Work with a lawyer to obtain driver logs, maintenance records and black box data.
OUR CLIENTS ALWAYS COME FIRST
OUR CLIENTS ALWAYS COME FIRST
Delaying the Claims Process
Truck accident victims are well aware of the uphill battle they face as their medical bills and lost income continue to pile up. The longer they can make you wait, the more desperate you might be for less.
Tactics include:
Requesting excessive documentation
Stating that your case is still under review
Ignoring calls and emails
“Losing” paperwork
How to Protect Yourself:
Document all phone calls or contacts with the insurance company in writing.
Write down follow-up reminders and due dates.
If the insurer declines to act in good faith, hire a lawyer and file a lawsuit.
Asking for a Recorded Statement to Be Used Against You
Adjusters would like to take a recorded statement and often behave as if it’s standard operating procedure. But they also goad you with leading questions or fish your answers out of context in order to:
Suggest you’re not seriously injured
Catch inconsistencies in your story
Trick you into conceding some fault
How to Protect Yourself
Politely refuse to provide a recorded statement.
Forward all inquiries to your lawyer.
Never second-guess or minimize your symptoms — keep it factual.
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We offer free consultations
Settling Before All Responsible Parties Are Named
Settling Before All Responsible Parties Are Named. Typically, the following parties are involved in a truck collision:
The truck driver
The trucking company
A shipping or loading company
A truck manufacturer
A maintenance contractor
One of the adjuster’s strategies is to settle with only one party very quickly, so you have no right to seek recovery from the others for their contributions to your harm.
How to Protect Yourself
Examine all entities within the trucking operation.
I wouldn’t sign anything until your lawyer has worked up probabilities for all liability angles.
Sue all responsible parties to recover as much as possible.
Note: This guide is for informational purposes only and does not constitute legal advice.
FOUNDER & TRIAL ATTORNEY
Meet Shawn Mangoli
“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”
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California Personal Injury Firm committed to getting maximum compensation.
Don’t settle for less.
Contact
Quick Links
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