Truck accidents occur often on roads and highways across The United States; being involved in one is both a traumatic and overwhelming experience. If you have suffered property damages or extensive personal injuries due to the truck driver’s fault, you are likely wondering how to secure your truck collision compensation from their insurance company.
As long as you are not responsible for the truck accident, you can file a claim for damages against the at-fault driver. When their insurance adjustor refuses to pay money towards repairing your vehicle and recovering in the hospital, you remain alone in figuring out how to fight against this injustice.
Our team has a list of steps you can take to claim payment for the damages you suffer from so you can move forward in life.
Reasons the At-Fault Driver’s Insurance Company May Cite For Denying Your Claim
The ideal legal outcome is that the truck driver’s insurance company will pay out the total cost of your medical bills and auto repair upon filing a claim. However, many insurance companies will always want to play smart by looking for lapses, refusing to pay, or even attempting to shift part or all of the blame to you. Your chances of success at making them pay for the damages are higher when you engage an experienced accident lawyer.
The at-fault driver’s insurance company may refuse to release your payment for any of the following reasons:
Fault for the Accident
Usually, the at-fault driver’s insurance company will conduct their investigation on all accident cases they receive, after which they may decide not to pay. This process can happen if they think their client is not guilty or blame a natural disaster, such as a hailstorm or foggy weather. Insurance adjusters may say you are to blame and ultimately shift the fault onto you by interpreting scene evidence from a biased perspective.
If the at-fault driver has not been consistent to pay their auto insurance policy on time, the insurer may turn down your request. In this unique circumstance, your uninsured motorist insurance coverage should suffice instead of truck accident compensation.
There are some legal situations where the insurance company believes you are seeking more compensation than you deserve and disputes your case by releasing partial funds or none at all.
What Can You Do if an Insurance Company Refuses to Pay?
Although the situation where an insurance company denies your truck accident claim can cause tremendous anxiety, especially while you are receiving hospital treatment, there are solutions available to solve this common occurrence. Here are four practical options you can to fight back against unfair adjusters and obtain your full truck accident settlement.
Hire an Experienced Truck Accident Lawyer
Once you consult with a truck accident lawyer from a reputable law firm, have them write an official letter to the company and explain your party will take legal action against them if the settlement offer is not adjusted. The opposing adjusters may discern you are trying to bluff them and take your threats lightly, but you can prove them wrong by taking them to court and pressing charges.
There are dozens of key questions to ask a truck accident lawyer so they can help you prepare for the courtroom and winning your case.
You Can File a Lawsuit
Since they won’t respond to the letter, you can file a lawsuit and prepare to take your case to court. The court will decide if the at-fault driver’s insurance company will pay you and how much they owe you. For this, you will need to produce proof that the accident occurred, including photographs of your car, injuries (if any), and the crash scene.
You also need to present a police report for the incident and proof of expenses, such as the cost of fixing your car and medical bills and invoices.
Sue the At-fault Driver
Alternatively, you can turn the heat to the truck driver and sue them for the complete loss costs, including towing expenses. You can either take this approach when the insurance company refuses to stand behind the driver or simply sue them outright instead of their auto insurance carrier. You have the right to do this since the insurance company is — in the first place — only directly obligated to their client, and not you.
File a Claim With Your Insurance Carrier
Your own auto insurance company will be easier to deal with. If your uninsured motorist insurance policy is up to date, then by all means, have your insurance carrier cover the cost of your damages. Keep in mind that they will factor in your deductibles (if any).
Why Choose Strickland & Kendall?
At Strickland & Kendall, we understand every client’s truck accident claim is a tragedy they did not intend to have to experience. We empathize with your circumstances, as we have with hundreds of clients we have served before, and desire to help you win back your settlement. Call us at 334.269.3230, and we can answer any questions you have about obtaining your truck accident settlement through our free consultation.