Filing a Truck Accident Claim

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Filing a Truck Accident Claim

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What to Expect During Your Trucking Accident Insurance Claim

If you have been in a trucking accident, chances are the damages are significant. Your car may be totaled, and you may be dealing with personal injuries that require ongoing medical attention. As with other motor vehicle accidents, you will need to file an insurance claim to initiate the settlement process. However, the process will be somewhat different than other motor vehicle accident claims. 

Steps to Take After a Truck Accident

File Your Truck Accident Claim With an Attorney

This is where truck accident claims differ greatly from other accidents. Trucks and their drivers are heavily insured, and fault can be difficult to determine. You may be working against several entities, all trying to get you to accept the lowest settlement amount as quickly as possible.

Due to the complex nature of trucking accidents, it is not recommended that you file a claim on your own. You can certainly initiate the claims process, but you will want to involve an experienced truck accident attorney as soon as possible to help navigate the remainder of the claim. 

Let Your Attorney Do the Talking

Once you have initiated the claims process, you should allow your attorney to communicate entirely on your behalf. You will likely be contacted by the truck driver’s insurance company, attorneys, your own insurance adjuster, medical professionals, and other individuals looking for information. 

Direct any one with questions about the accident to your lawyer, even if the question seems straight forward. You want to avoid any statements that might be construed as an admission of guilt or that might otherwise compromise your settlement. 

Let Your Attorney Investigate

While you may provide your attorney with requested information, try not to interfere too much with the discovery process. An experienced truck accident lawyer will be well-versed in collecting information necessary to support your claim. Should you need to provide any statements or interviews, your attorney will help you prepare for the questions that may be asked.

You will also need to be patient. Your lawyer will be reviewing a mountain of documentation, from police reports, to witness testimonies, to cell phone records. Sifting through all these details in a thorough manner will take some time, but it will be worth it in the end. 

Prepare to Go to Trial

Once your lawyer has amassed enough information to file suit, he or she will create what is known as a Demand Letter. This letter stipulates any and all expenses you have incurred as a direct result of the truck accident. This includes medical expenses, property damage, and non-economic damages, like pain and suffering. 

The truck driver’s insurance company then has the chance to settle by agreeing to pay the amount outlined in the demand letter. It is rare that an initial demand is accepted, however. Your attorney will likely have to go through several rounds of negotiation before you decide to accept a counter-offer.

In the event a settlement cannot be reached through these negotiations, mediation is the next step. This involves both parties reviewing the matter with a neutral party, such as a judge. The mediator will try to encourage a fair settlement by viewing the evidence as objectively as possible.

If mediation proves unsuccessful, you and your attorney will take the matter to court where a jury will decide what is fair. Your attorney will present evidence and interview witnesses on your behalf. The truck driver, company, or other liable party will also have the opportunity to present evidence. 

Colorado Truck Accident Lawyer

Trucking accidents can be devastating, even deadly. The last thing you should have to worry about when recovering from one of these accidents is being taken advantage of by insurance companies. The extent of damage and injuries sustained in truck accidents entitles you just compensation.

If you have been involved in a trucking accident in Colorado, contact David Roth with the Roth Group. Dave is a compassionate attorney who is highly skilled in negotiation, in and out of the courtroom. Call or go online today to schedule a free consultation. 

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