Step by Step Guide on How Truck Accidents Claims Process Work
If you’ve ever been involved in a truck accident, you know the stress and strain it can put on your life. From injuries to lost wages, the impact of truck collisions can be long-lasting and wide-reaching. Sadly, despite receiving compensation many litigants in person later say they wish they could avoid the hassle of dealing with a truck accident claim altogether.
Step-by-step Guide to Truck Accidents Claims Process
Truck accidents are complex and the claims process is even more complex. From contesting liability or disputing your injuries, there can be a bevy of tricks insurers may use to delay your claim, increase costs, or avoid paying what you deserve. Here’s some tips to help:
1. Hire a Personal Injury Lawyer
It’s possible to handle some injury claims on your own, but trucking companies and their insurers have teams of lawyers and adjusters working for them. That’s why it’s always a good idea to work with a truck accident lawyer to help you with your case.
Hiring a specialist personal injury lawyer will make claiming easier. They are usually up to date with current settlements and legal practices in the sector, many of them have established relationships with insurance company negotiators and their specialist knowledge will guide you towards a faster settlement.
You shouldn’t communicate with anyone except your solicitor once you’ve hired him or her. This is because the police, the insurance company, and possibly other third parties may reach out to you for information about the accident, but there is a chance that they might misconstrue what you say. Your own solicitor can handle communications clearly on your behalf and advise you on what to say.
2. Investigation of the Truck Accident and Collection of Evidence
It’s important to obtain an accurate record of any accident to help your truck accident claim – this means collecting evidence at the scene of the accident. Truck accidents can cause severe damage, so if you were taken from the scene, it’s important someone returns there as quickly as possible in order to preserve evidence before it is lost or destroyed.
If you can, take pictures of the accident before it is cleaned up or repaired. You should also take pictures of any visible injuries that you have suffered, as well as any damaged property, and give this evidence to your lawyer.
In addition to taking pictures, try to collect names and contact information for witnesses who saw your accident occur. Even if their testimony does not help your case directly, they may be able to give insight into how events unfolded and how liability should be apportioned between parties.
3. Write a Personal Injury Demand Letter
The next step in any personal injury claim is sending a demand letter or statement of claim to the other party’s insurance company (or the MIB if the driver was uninsured). The letter should outline the details of the accident and explain your physical injuries, medical treatment, time off work, pain, suffering and any other damages caused by the accident. This is something your solicitor will do on your behalf.
After receiving your demand letter, the insurance company will investigate your claim. They might ask you to give a recorded statement about what happened during the accident or request copies of your medical records and bills. They might even hire their own investigators to look into your claim.
The insurance company will use what they learn during their investigation to either deny or accept liability for your injuries and may make you an offer of compensation.
4. Go for Settlement or Trial
If negotiations break down, or if statutory limits for making a claim are approaching, your attorney may file a lawsuit with the High Court – but when to do this will depend on your circumstances. In the UK, a claim will need to be filed with the court no later than three years from the date of the accident. Most cases settle and do not go to trial, but during a trial, the judge will determine how much compensation you should receive and will consider making an additional award as to costs.
Typically, a case goes to trial if both parties cannot agree on liability, if there are differences of opinion between medical experts, or if the parties cannot agree on a figure for compensation.
Do I Need to Hire an Attorney?
You don’t have to hire an attorney to make a personal injury claim. However, it is strongly recommended that you do so. The other party’s insurance company will have lawyers working on their behalf, so you should have someone working for you. A solicitor may agree to take your case on a no-win, no-fee basis, however you will still usually need to pay the fee for your medical report.
If liability is agreed, the insurance company will usually offer a low settlement amount in the hope you will settle. We would always recommend taking expert legal advice before settling, for example, you may have long term consequences from an injury and/or the eventual outcome of your injuries may need time to be established.
A specialist personal injury lawyer can help you determine liability, assess how much your case is worth and fight on your behalf to get that number. They also handle communication with the insurance company so you don’t have to worry about being taken advantage of during negotiations.
Final Words
As you can see, dealing with the claims process after any road traffic accident is challenging and best handled by a professional. A qualified personal injury lawyer will guide you through the compensation process, leaving you free to focus on your recovery.
