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Dealing with the Insurance Company After a Truck Accident

February 21, 2024 | 6 min read

A truck accident claim involves challenges unique in the realm of personal injury law. One of the major differences is the likelihood that multiple defendants (and, as a result, multiple insurance companies) will be involved.

Both independent owner-operators and trucking companies alike are required to carry anywhere from $750,000 to $5 million in liability insurance. That is a lot of money on the line in the event of an accident, and defendants and their insurers will fight tooth-and-nail to minimize the payout.

Attorneys at Burg Simpson Law Firm can help with all aspects of your truck accident claim. We will aggressively pursue the compensation you deserve while protecting you from the tactics insurance companies often use to avoid paying what’s fair.

Our lawyers handle truck accident cases throughout Colorado and nationwide. Call 303-792-5595 today for a FREE and confidential case evaluation.

Should I Contact the Insurance Company After a Truck Accident?

Trucking companies and insurance carriers are known for their ruthless efficiency when an accident occurs. Investigators will be dispatched right away to photograph the scene, collect evidence, and take custody of any company property (such as the truck cab and/or the trailer). All of this usually happens while the victims are receiving treatment for their injuries, potentially unaware that the companies are already building their defense.

More likely than not, you will hear from the insurance company before you even have time to think about making a claim. The insurance adjuster will make every effort to sound apologetic, and they might even offer you a so-called “reasonable” settlement.

The insurance company’s goal is to stop a truck accident claim before it starts. Any interactions with the insurer—whether they call first or you initiate—can have costly consequences. It is in your best interest to consult an attorney as soon as possible and have your lawyer do the talking.

Why Choose Burg Simpson?

Should I Accept the First Offer from the Insurance Company?

As a rule, we strongly recommend NOT accepting the first settlement offer the insurance company makes. You are only starting to learn the nature and extent of your injuries and how they will impact your life. Financial losses such as medical expenses and lost income are likely to accumulate, making it difficult to immediately know the value of your truck accident claim.

Insurance companies are notorious for offering less than an accident case is actually worth. They capitalize on the stress and uncertainty of the crash—as well as claimants’ lack of knowledge when it comes to compensable damages—to try to protect the company’s bottom line with a small, quick settlement.

Truck accidents often result in serious and catastrophic injuries. If the truck driver and any additional defendants were at fault, you should not settle for less than you deserve.

Unfortunately, you cannot pursue more compensation in the future once you agree to a settlement. That is why you should speak to an experienced truck accident attorney before entertaining any settlement offer.

Tips for Dealing with the Insurance Company After a Truck Accident

It might feel like you are walking a tightrope in the aftermath of a truck accident. The trucking company and its insurer might seem to have all the power, limiting your ability to obtain fair compensation for your injuries and damages.

We have discussed the importance of not speaking with the insurance adjuster and refusing the initial settlement offer. Other steps you can take to protect your rights after a truck accident include:

1. Do Not Go Into Detail

You may unwittingly take a call from the trucking company’s insurance adjuster. Ideally, you will be able to tell them to direct any questions to your attorney. But, if you do not have a lawyer yet, it is of the utmost importance to limit any answers to the adjuster’s questions.

Do not admit fault or say anything to suggest you may have been at fault. It is also important to avoid giving unnecessary details about the accident, as the insurance company could use the information you provide to undercut your truck accident claim.

Colorado is a one-party consent state when it comes to recording phone calls. That means calls from the insurance company may be recorded without you realizing it. This is another reason to stay on your guard if you speak with an insurance adjuster.

2. Do Not Sign Anything

The insurance adjuster might ask you to sign a form authorizing them to access your medical records. Under no circumstances should you agree to this, as the insurer is looking for pre-existing conditions and other issues they can use to contest your case.

A good rule of thumb is to politely refuse to sign any documents provided by the insurance company. Your truck accident lawyer can determine what information (if any) should be shared with the insurer and handle communications on your behalf.

3. Keep Up with Medical Care

Your injuries need to be fully documented to support your truck accident claim. In addition to the initial emergency room visit, you should:

  • See your doctor for follow-up care
  • Make appointments with recommended specialists
  • Attend all physical therapy sessions
  • Take any and all prescribed medications
  • Adhere to the advice of medical professionals

Insurance companies have gone as far as surveilling claimants to determine whether they are “faking” their injuries. Comprehensive medical records and rigorously following doctors’ orders are the best way to counter arguments from the insurance company about the seriousness of your injuries.

Read More: Why Are Truck Accidents So Serious?

4. Document the Effects of the Truck Accident

Staying organized is crucial after any type of injury. Keep track of the following:

  • Any and all medical bills
  • Estimates for the repair or replacement of your vehicle
  • Communications with your employer
  • A journal outlining your symptoms, treatments, etc.
  • Letters from your health insurance and/or car insurance provider
  • Any evidence you were able to collect at the scene, such as photos and witness statements
  • Your copy of the police report
  • Photos of the accident and your injuries

The more evidence you have, the stronger your truck accident claim is. Your attorney can use this evidence to prepare a strong case on your behalf.

5. Hire a Truck Accident Lawyer

If you have not contacted an attorney, you should do so as soon as possible. A knowledgeable truck accident lawyer can:

  • Assess your claim
  • Fully investigate the accident
  • Collect all necessary evidence
  • Identify all defendants
  • Calculate the damages you are due

Perhaps most importantly, a truck accident attorney can represent you effectively in settlement negotiations with the insurance company. If a fair settlement cannot be reached, your lawyer can file a lawsuit on your behalf and take your case to trial as needed.

Contact Burg Simpson for FREE today.

Get Help with Your Truck Accident Claim

Insurance is crucial for covering the losses suffered by truck accident victims. Sadly, not all companies play by the rules, as we have seen in several high-profile Colorado truck accidents.

The company that hired a driver who lost control of his truck and killed four people on I-70 in Lakewood carried only the minimum liability insurance. Another company had no insurance at the time of an accident on I-25 in 2022 that left five family members dead.

These tragic cases illustrate not only why insurance is so important, but how critical it is to have a qualified lawyer handle your truck accident claim. Knowledgeable attorneys at Burg Simpson Law Firm leave no stone unturned, using our local clout and national strength to determine all of the parties at fault for the accident and exploring all avenues for recovery.

For a FREE and confidential case evaluation, call Burg Simpson at 303-792-5595 today. Our lawyers handle truck accident claims in and around the Denver area, all of Colorado, and across the country.