If you were in a truck accident, you may have suffered serious injuries that impact your life and livelihood. While the truck driver’s insurance company may present you with a settlement offer, you may be wondering whether you can negotiate your claim for more compensation. The answer is yes — and doing so can have a significant impact on the monetary recovery you receive. It’s best to work with an experienced truck accident lawyer who understands the complexities of these cases and can secure the maximum compensation to which you’re entitled.
Here are several things to keep in mind when it comes to negotiating an insurance claim for a truck accident:
Truck Accident Claims are Complex
As there are often multiple parties involved, insurance negotiations involving truck accidents are complex. For example, liability may fall upon the trucking company, the truck driver, a cargo company, and third parties such as maintenance providers or machinery manufacturers. The claims process is often more complicated since each party may have their own insurance policy. A knowledgeable lawyer can help you navigate this process and negotiate with the insurance adjusters on your behalf.
Never Accept the First Settlement Offer
Insurance companies are in the business of paying out as little as possible on claims. An insurance adjuster will present you with a lowball settlement offer early on in your case in the hopes that you will accept it quickly. While it may seem tempting to accept the settlement and move on, doing so would be a mistake — and potentially leave you with inadequate compensation. The first offer typically does not account for the full extent of your injuries, long-term medical needs, lost wages, and other damages that might arise in connection with your injuries.
Avoid Common Pitfalls When Speaking with the Insurance Company
Insurance companies are notorious for using unscrupulous tactics when it comes to negotiating claims. The adjusters are trained to get you to inadvertently accept some of the blame to devalue your injuries or deny your claim entirely. It’s vital to be cautious when speaking with anyone at the insurance company — do not say anything that could be misconstrued as admitting fault. Notably, once you have retained a personal injury lawyer for your claim, the insurance company is no longer permitted to contact you directly. All communications must go through your counsel.
Have Evidence to Support Your Claim
Part of negotiating an insurance claim for a truck accident is being prepared with strong evidence of liability and damages. The insurance company may try to shift blame onto you, argue that your injuries are not as serious as you claim, and challenge the necessity of your medical treatments. It’s crucial to have as much evidence as possible to support your position — and counter any arguments the insurance company may make.
Evidence that can be used to build a solid claim for your truck accident injuries can include the following:
- Traffic camera footage
- Medical records
- Truck maintenance logs
- Driver logs
- Dashcam footage
- Photos and videos of the scene of the accident
- Witness statements
- The truck’s black box
In addition to evidence that establishes liability, you should also have evidence that demonstrates your financial losses, including your medical expenses, lost wages, reduced earning capacity, and out-of-pocket costs.
Hire a Skillful Personal Injury Lawyer
Hiring a personal injury lawyer is critical to obtain the maximum compensation available in your truck accident claim. They are specifically trained to deal with complex negotiations, counter the tactics used by insurance adjusters, and ensure your legal — and financial — rights are protected. Importantly, a lawyer who handles truck accident claims will understand how to value your injuries, so you do not settle for less than you deserve.
Contact an Experienced New York Personal Injury Lawyer
If you were injured in a truck accident, it’s essential to have an experienced personal injury lawyer on your side who can negotiate on your behalf — and litigate your claim if necessary. The Edelsteins, Faegenburg & Blyakher LLP is a New York personal injury firm that fights for the rights of truck accident victims and works diligently to obtain their rightful compensation. Handling every case with personal time and attention, we have an impressive track record of securing substantial settlements and verdicts for our clients. Contact us to schedule a free consultation at (212) 425-1999 today.