How Do Truck Accident Claims and Lawsuits Work?

After suffering injuries in a truck accident, you may be curious about how truck accident claims and lawsuits work. One of the first things you should know is that you may not need to go through litigation at all. Many claimants, according to the American Bar Association, are able to get the compensation they need without going to court. However, every case is different. If negotiations with the insurance company fail or they deny liability altogether, you may opt to file a lawsuit against the party responsible for your losses.

Truck accident claims and lawsuits are multi-layered processes that involve:

• Gathering evidence to prove negligence and identify a liable party for your accident or injuries
• Investigating your accident to determine how it was caused
• Filing an injury demand letter when working towards a settlement with the defendant
• Negotiating with trucking company’s insurance to reach a settlement offer

You may be able to resolve your case within a matter of days following the accident. However, in some cases, the claims process and litigation can take months. If you are interested in filing a lawsuit against a negligent party, under Ohio Revised Code Section 2305.10, you generally have two years from the date of the collision to file a lawsuit. If you do not act within this period, you could be unable to pursue compensation for your losses.

How Truck Accident Claims Work

When requesting compensation from the involved insurance company, you may have to send an injury demand letter. This grants you the opportunity to disclose the extent of your losses, the impact it has had on your life, and your intentions to file a lawsuit of your request is not fulfilled. You may also include a list of each of your incurred damages so that the insurance company knows what constitutes a fair settlement offer in your eyes.

For many claimants, the recovery process ends here because they are able to get the coverage they need from the insurance company. However, some insurance companies do not have people’s best interests in mind. If the insurance company denies your claim or repeatedly offers you settlements that do not cover your expenses, you may want to think about taking your case to court.

How Truck Accident Lawsuits Work

For the sake of explanation, let’s say that you were struck by a truck driver that was operating a vehicle while fatigued. In that situation, liability could rest on the individual truck driver, because they caused the collision, and their employer, if they were implementing unreasonable delivery schedules. Lawsuits are not filed against insurance companies. They are filed against individuals whom the insurance company may represent.

Before your case begins, all parties will enter into what is known as “discovery,” a phase where the involved legal counsel reviews the details of the case and collects evidence. Both the plaintiff and the defendant’s lawyer during this time might exchange details regarding the crash.

For your case to be successful, you will need to:

• Provide evidence of fault and liability
• Demonstrate the extent of your economic and noneconomic damages
• Have a figure that represents the cost of your losses
• Argue that the other party should be financially responsible for your accident-related expenses

The success of your case in a personal injury lawsuit will rest on the discretion of an attending judge. Because of the stress and challenges that are present with litigation, many claimants choose to work with a lawyer to represent their interests.

How does the truck accident claim process work?

1. Take immediate action

The steps you take immediately after a crash are an important part of the claims process.

The first priorities are taking care of anyone who’s injured and making sure other drivers on the road can pass safely. Either call the police yourself or have someone else on the scene report the accident. The police can help manage the scene, and they’re an objective third party who can provide an official record of the accident. After you’ve taken those steps, try to gather the following information:

• Photos of the crash scene and all vehicles involved include multiple angles to show damage and any mitigating factors
• Names, license numbers, and insurance information of all parties involved
• Names and badge numbers of any police officers at the scene, as well as the police report number
• Where any towed vehicle is being taken

2. File an insurance claim as soon as possible

It’s important to contact your insurance provider, as well as the provider of any other party involved in the crash, as soon as you can. This helps with the efficiency of the claims process and helps ensure everyone is aware of your perspective of the accident.

There are typically two types of claims: first-party and third-party. A first-party claim is one you file with your own insurance company. This can be for damage caused by:

• An act of nature, such as storm-related damage
• A single-vehicle accident with no other parties involved
• An accident with multiple vehicles and you’ll be responsible for repairs to your property

A third-party claim is one you file with someone else’s insurance company, typically because you believe they were at-fault for damage to your vehicle.

Whenever you file a claim with the other party’s insurance company, be sure to contact your own insurance provider as well. In most cases, the two companies will work together to investigate the incident, determine compensation, and resolve the claim.

3. Work with a claims adjuster

An experienced claims adjuster will be assigned to investigate and examine the evidence to help determine how the accident happened. The claims adjuster will likely reach out to you throughout the process to gather additional details or confirm information about the accident.

4. Wait for a resolution decision from the insurance providers

The insurance providers will evaluate all contributing factors to the accident and review damages in relation to relevant coverages. Then, they’ll work with all parties involved to resolve the claim fairly and provide the appropriate compensation.

If you want an update on your claim’s progress, follow up with your claims adjuster or check the status online, if possible. At Sentry, we have a secure online claims portal that allows you to file and track your claim. This helps streamline the process and gives you direct access to claim information.

How are trucking accident claims different than car accidents claims?

Each claim is unique, and a multitude of factors may impact the complexity of the investigation into the cause and liability of a trucking accident. Providing accurate information may help prevent delays throughout the claims resolution process.

Do I need an attorney to file a truck accident claim?

It’s not required that an attorney file your claim. At Sentry, we have an experienced, accessible in-house claims team that can help you through the process. They work diligently to resolve truck accident claims fairly and efficiently.

Best practices for filing a truck accident claim

The truck accident claims process is multifaceted, and mistakes may happen. But you can help make things easier by being proactive, organized, and thoughtful. Here are a few best practices:

• File the claim as soon after the accident as you can. This gets the claims process started immediately and helps ensure your account and those of any witnesses are as accurate as possible. If more information comes to light after you’ve filed the claim, just reach out to your claims adjuster to provide it.
• Include photos and videos from the scene. An accident scene can be cleared quickly, so it’s important to document the evidence before that. But do so carefully, being mindful of the traffic around you.
• Try to get a police report of the crash. You can submit the report to the insurance company in addition to photos, videos, and witness statements. Keep in mind that the police report may not be available by the time you file your claim. In that case, inform the insurance company that law enforcement was at the accident scene they’ll handle getting the report.
• Assess your needs post-crash. Were you injured? Is your car drive able? Are you able to get back to your normal life? If there are specific needs, mention this and any supporting evidence—when filing your claim.