How Trucking Companies Handle Accident ClaimsSeptember 18, 2023
The truck accident legal process is never easy for those injured in crashes. The other side knows that it may have to pay you a significant amount if you can prove that the truck driver was responsible for what happened. Thus, several tactics may be used against you to keep you from getting what you deserve. Hiring an attorney is your best way of going on offense.
Generally, at least two entities are involved in your truck accident claim. The trucking company purchased a commercial policy from the insurance company to cover some damages. Assuming that you can prove liability, the insurance company would have an obligation to pay you up to the amount of the policy limit. The trucking company would then need to pay you for any additional damage you have suffered from their assets.
From the trucking company’s perspective, they may try to handle your claim with delay. Some of the evidence you need to prove your case may be in their hands. For instance, you may need the truck’s black box data, maintenance and inspection logs, and the driver’s records and employment file.
The trucking company has legal obligations to preserve these records for a certain period, per federal regulations. They must preserve black box data and other records for at least six months. The trucking company may make obtaining the records as hard as possible, working with their insurance company in the discovery process.
To counter the trucking company, you need an attorney to get the right to work on your case. Your attorney may send the trucking company a litigation hold letter directing them to preserve evidence relevant to your accident. Then, your lawyer could be aggressive in the discovery process to get you the evidence you need to prove your case.
What the Insurance Company May Do
The insurance company has its own tactics that it uses once you have filed a claim or lawsuit. They will be the first line of defense since they must defend a trucking company in a lawsuit. Insurance companies want to settle your claim for less than it is worth or keep you from getting money altogether.
Here are some things that insurance companies may do that make your life harder in a truck accident case:
- Take their time to respond to your initial claim.
- Make your settlement offers for less than you deserve, trying to get you to take less.
- Not communicating with you throughout the claims process.
- Trying to blame you, partly or entirely, to keep you from getting the full payment you are due.
- Refusing to negotiate when they have made you a low settlement offer.
When seeking compensation for a truck accident, you need someone to fight for you. You need to hire an attorney as soon as possible. Otherwise, both the trucking and insurance companies can make it very difficult for you to get what you deserve in your case. Your lawyer would stand up for your legal rights. If necessary, they would file a lawsuit on your behalf and let the jury decide who is liable and how much you can get.
Get Legal Help From a Baltimore Truck Accident Lawyer at LeViness, Tolzman & Hamilton
We have offices in Baltimore, Glen Burnie, Lanham, and Owings Mills, allowing us to represent clients in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.