Navigating the truck accident claim process can be emotionally taxing. However, committing errors can not only delay your settlement but also potentially impact the compensation amount you recover.
Fortunately, with a dedicated truck accident lawyer on your side, you need not fret about blunders like these. Here are some key mistakes to avoid when pursuing a truck accident insurance claim or civil claim.
Admitting Shared Responsibility
One of the primary mistakes made by truck accident victims is acknowledging the possibility of shared responsibility for the accident or the injuries sustained.
Post-accident, inadvertently making a comment to law enforcement officials, witnesses, passengers, or other involved parties can harm your claim. To safeguard yourself and your future settlement, it is crucial never to feel guilty or accept blame for contributing to the accident.
Modified Comparative Negligence
Depending on your location, your settlement might hinge on it. For instance, Georgia follows a system of modified comparative negligence with a 50% threshold. If your share of responsibility doesn’t exceed 50%, you can still recover compensation for your damages.
Unfortunately, shared responsibility means your settlement will be proportionally reduced based on your percentage of fault. Having this in mind, it’s crucial to have a truck accident lawyer with experience to ensure accurate assessment of responsibility.
Not Seeking Immediate Medical Assistance
If you don’t seek medical attention immediately after your accident, it could have a devastating impact not only financially but also physically. Post-truck accident, adrenaline might be coursing through your body, making it difficult or impossible to feel the full impact of your injuries.
Without prompt medical attention, your injuries may worsen, and your condition could deteriorate rapidly. Also, those who forego medical help after an accident may find the defendant accusing them of exaggerating the extent of their injuries or claiming that the injuries did not result from the accident.
Social Media Posting
Avoid the mistake of posting about your commercial truck accident on social media. Even if all your profiles and pages are private, you never know who might be lurking.
Refrain from posting about your injuries, how your life has been affected, or the fact that you were injured in a truck accident. You don’t want the responsible party taking screenshots of a social media post, misinterpreting it, and using it against you.
Not Filing a Police Report
It’s not uncommon for defendants to attempt to settle truck accident cases without involving the police. They may offer Venmo, pay you in cash for damages, or compensate you in other ways without filing an insurance claim or taking your case to court.
However, the law might require you to notify the police about your collision if there were injuries or significant property damage. Additionally, the police will document the accident scene and gather compelling evidence that can be used to prove the defendant’s negligence for you to recover the deserved compensation.
Providing a Statement to the Insurance Company
One of the main mistakes made by truck accident victims post-collision is giving a statement to the insurance company. Insurance adjusters may appear courteous and concerned, but that doesn’t mean they are on your side.
Anything you tell the insurance company could be manipulated and used against you to reduce the financial liability of the insurance company. Avoid accidentally expressing guilt or making any other statements that the insurance adjuster could use to deny or delay processing your claim.
Not Gathering Evidence at the Accident Scene
Unless your injuries prevent you from doing so, it is crucial to gather as much evidence as possible at the scene of your truck accident. Some examples of such evidence could include:
- Photos of the truck driver’s license plate.
- Pictures of your injuries.
- Panoramic videos of the roadways.
- Video footage of weather conditions at the time of the accident.
- Writing a detailed note on how the accident occurred.
- Names of witnesses and contact information.
- Photos of damages to surrounding properties and vehicles.
Not Keeping Track of Accident-Related Expenses
Avoid the mistake of discarding receipts and not documenting expenses related to the accident. You are entitled to full compensation for your damages, including any expenses you covered from your own pocket, such as:
- Home accommodation.
- Medical equipment and devices.
- Co-pay.
- Ongoing medical treatment.
- Prescription medication costs.
- Vehicle repairs.
- Rental car costs.
Accepting an Insurance Company’s Settlement Offer
It would be wise never to accept an insurance company’s settlement offer unless you have reviewed it with your truck accident lawyer. Insurance companies often make insultingly low settlement offers or swiftly present offers to settle for less than you deserve.
If the insurance company makes an offer, ensure your lawyer reviews and compares it with your damages so that we can determine if the offer is fair and reasonable. Otherwise, we can renegotiate for a more realistic figure and prepare to take your case to court.
Seek Assistance from a Truck Accident Lawyer Today and Demand Justice
If you make any of the aforementioned mistakes, it does not necessarily mean you will lose the compensation rightfully owed to you. With the right lawyer by your side, errors can be addressed and prevented from the outset.
