Dealing with insurance companies after a semi-truck accident can lead to plenty of headaches and added stress. While an insurance adjuster may seem helpful, their priority is to save their company money. In many cases, this means withholding vital information or failing to pay you the compensation you deserve.
Here are some tips to help you proceed through this process. Please be aware that working with or against insurance companies can be a complex process. This article provides a simplified guideline that applies to many cases but not all.
Recognize that Insurance Companies Often Are Not on Your Side
Insurance companies use friendly-sounding slogans such as “like a good neighbor,” “you’re in good hands,” and “ready for all of life’s big moments.” Based on our experience, the slogans that insurance companies advertise often bear little resemblance to their actual practices when it comes to handling claims. As author David J. Berardinelli has written, insurance companies often treat claimants with boxing gloves instead of “good hands.” As another writer, Jay M. Feinman, stated, the actual insurance company mantra seems to be more like “Delay, Deny, Defend,” regardless of the strength of a claim’s merits.
Put Your Health and Rights First
Your health is the most important thing after an accident. Seek medical attention right away, even if you feel okay. Some injuries, like whiplash or internal damage, might not show symptoms immediately.
With that, you can ensure your safety and get the medical records required to support your claim. These records will prove crucial when filing a claim. Be aware that insurance companies often act like the injury did not happen if there is no medical record to support the injury.
Additionally, be sure to report the accident to the appropriate authorities. Under Montana law, you have to report within 10 days of the crash if the incident resulted in injuries, death, or damages over $1,000.
Ensure the At-Fault Driver’s Insurance Company is Notified
You will want to make sure the at-fault driver’s insurance company is notified of the crash. If the investigating law enforcement officer issues a Montana Crash Report and/or a citation to the other driver, make sure you get a copy of the report and evidence of the citation. The at-fault driver’s insurance information should be in the report. You will want to ensure that the negligent or at-fault driver’s insurance company gets a copy of the report and is made aware of the crash.
Increasingly, we hear of at-fault driver’s insurance companies telling the injured victim who was hit to make a claim through the victim’s own auto policy instead of the at-fault driver’s. While there are exceptions, this is generally not in your favor. The at-fault driver paid premiums for coverage, and their insurance policy should indemnify them for the harm and damages they caused.
When you speak with an adjuster, stick to the basics. Provide the time, location, and what vehicles were involved. If they ask for a statement, you can tell them you are considering your options and will get back to them.
They will ask if you are ok and what your injuries are. Don’t guess. If you’re not sure of the extent of your injuries, you can tell them you will collect your medical records and provide those to them after they are received. If they ask you to do something that seems inappropriate or not in your best interest, you can ask them if they require you to do so to process the claim or if they claim the law requires you to do so. If they say yes to either, you can ask them to send the request in writing so that you can clearly understand what they are requesting and what law they are relying upon. Do the same thing if they ask you to sign something. Do not sign something if you do not fully understand what it means. Don’t let them bully you.
Notify Your Insurance Company
In most cases, you should let your insurance company know about the accident. But you do not have to file a claim with your insurance company if the crash was not your fault. Even if the crash is not your fault, most policies require reporting the wreck within a stated timeline if you are filing an insurance claim with your own insurance company. However, your insurance company should show prejudice before denying your claim on the basis that it was reported too late. Never forget that even your own insurance company may act more as a foe than a friend.
When speaking with your adjuster, stick to the basics and only discuss what you are sure about. Provide the time, location, and what vehicles were involved. You will likely have a contractual obligation to cooperate with your own insurance company, but you do not have to guess at things you do not know. Your insurance company may want to get a more detailed statement from you, but wait until you know the facts, your options, and the implications of what you say before you provide a statement. An attorney can help you with these, and you have the right to consult with or hire an attorney before providing a statement to your insurance company.
Document Everything
If you’re able, collect as much evidence as you can at the scene. Take photos of the vehicles, damage, road conditions, and any other details that seem important.
Additionally, get contact information from witnesses and request a copy of the police report from the local police or Montana Highway Patrol. The more evidence you have, the stronger your case will be when it comes time to negotiate.
Insurance agents have a saying, “If it’s not in the claims file, it didn’t happen.” In phone conversations, the notes that the insurance agent enters into the claim file are too often only what benefits the insurance company, or the agent states them in a way that is favorable to the insurance company. Document important communications through e-mail, a letter, or another form of writing. In dealing with insurance companies, unfortunately, you can’t expect them to look out for you.
Determine All the Liable Parties
Semi-truck accidents are often more complicated than car accidents. This increased complexity is due, in part, to the multiple parties that may be liable. The truck driver, the trucking company, the trucking broker, or even a parts manufacturer could be at fault. Each might have its own insurance policy, and you may have to negotiate with them separately.
Be Careful Talking to Insurance Adjusters
Once you file a claim, you will get a call from an insurance adjuster after the accident. They want to minimize the amount their company pays out. You always want to be cautious. Remember, anything you say can be used against you to reduce your claim.
Unfortunately, insurance companies don’t always play fair. They might:
- Try to blame you for the accident;
- Downplay the severity of your injuries; and
- Push you to settle quickly.
You will want to stay vigilant and not let these tactics intimidate you. Keep detailed records of all communications and consult with your attorney before agreeing to anything.
Never Accept the First Offer
Insurance companies often make quick settlement offers. Many times, these are usually far less than what your claim is worth.
These companies hope you will accept it before fully understanding the extent of your damages and what constitutes full and fair compensation. With your documentation, you have time to calculate all your expenses, such as:
- Medical bills;
- Lost wages;
- Vehicle repairs;
- Future costs like ongoing treatment or reduced earning capacity; and
- The length of time it took for you to get a replacement vehicle.
With this type of information, it is more difficult for an insurance company to undervalue your claim.
Work with a Montana Truck Accident Lawyer
A knowledgeable attorney on your side can make a huge difference. They can help with the various processes, such as:
- Investigate the accident and determine liability;
- Analyze whether additional entities may be liable;
- Handle communications with all insurance companies;
- Help get your medical bills paid as they are incurred; and
- Negotiate for a fair settlement.
Additionally, an attorney will ensure that you are not overwhelmed by dealing with multiple parties and policies. Plus, they will know how to counter lowball offers.
Dealing with insurance companies after a semi-truck accident can be a stressful experience. Fortunately, you don’t have to face it by yourself. By taking these steps, you can protect your rights and help ensure you receive your full and fair compensation.
Get the Right Help for Your Semi-Truck Crash Claim
Dealing with insurance companies after a semi-truck accident does not have to be a hassle. At AFJ Law Firm PLLC – Personal Injury, Car Accident, and Insurance Law, we are here to help you through the entire claims process.
Click here to visit our Montana Personal Injury Frequently Asked Questions page. Click here to visit our Commercial Trucking and Semi-Truck Accident practice area page.
Contact us if you still have questions about your Montana trucking accident case.