Truck Accidents: How to Prevent Your Claim From Being Rejected

It’s estimated that the number of injuries caused by large truck accidents increased by 12% over a year. Unlike traditional auto accidents, the heavy nature of trucks often makes these types of crashes result in heavier damages to both vehicles and people.

As such, insurance claims associated with them tend to be significantly higher. If you were injured in a truck crash, you deserve compensation for things like property damage, medical bills, and lost wages.

Unfortunately, there are a lot of mistakes you can make that will result in your claim being rejected. Let’s discuss some of the common reasons why truck crash claims are denied and how to avoid them.

Why Do Insurance Companies Deny Truck Crash Claims?

There are a variety of reasons why insurance companies might deny your claim. As such, it helps to be aware of these reasons in advance so you can proactively avoid them.

The good news is that most claims tend to be accepted. The bad news is that insurance companies will often try to lowball you with settlement offers to save money.

That’s why, in addition to avoiding these things, you should also contact a truck accident lawyer. That way, you can make sure that your claim is fair.

Claim Exceeds Policy Limits

Every insurance policy will have policy limits regarding how much money you can claim following a truck accident. Typically, these policy limits come with personal injury liability coverage.

Let’s say the truck driver has an insurance policy that covers $30,000 in damages. However, you file a claim to cover hospital bills that are over $70,000. In this case, the insurer might deny the excess amount because it exceeds the policy limit.

So, what should you do if the limit doesn’t cover the damages caused to you? In these cases, you should pursue a financial loss claim. Assuming you weren’t at fault for the accident, the at-fault driver’s insurance should cover it.

Not Reporting Your Accident On Time

Failing to report a T-bone accident to your insurance company on time is one of the main reasons why policies are denied.

The problem is that there is no one-size-fits-all answer to the question of, When should you report your truck accident. That is because, as this resource notes, it depends on a variety of factors including:

• State laws
• Insurance company protocols
• The type of damage involved

As such, you should make sure to check the specifics of your policy before you file. Also, keep in mind that reporting the accident to your insurer isn’t necessarily the same as filing a claim.

In some cases, they can be done at the same time. However, you’ll typically have more time to file a claim than you have to report the accident. And that’s good because some injuries and damages won’t appear until days or even weeks following the truck accidents.

So while reporting is necessary as soon as possible, you may want to hold off on filing the claim. Just make sure you note when the statute of limitations is on file so you don’t miss that either.

Causing the Truck Accident

In some cases, you may have been the cause of the truck accident as an at-fault driver. This may have been through some form of negligence like texting while driving, reckless driving, or simple road mistakes.

Regardless, if something you did caused the accident, there’s a good chance the insurance company will try to deny your claim. Ultimately, it comes down to the insurance laws in your state.

In a no-fault state, you’ll receive personal injury protection regardless of who caused the accident. However, in comparative negligence states, the insurance companies will use a percentage scale to find out how much fault lies with you during the truck crash.

The good news is that it can still be possible to get compensation even if the accident was your fault. However, you will need to be careful about what you say to anyone.

If you say that the accident was your fault to the truck driver or insurance adjuster, it could jeopardize your claim. Instead, contact a truck attorney so they can help mitigate some of your liability. This will result in the most fair claim possible for you.

Failing to Provide Enough Information

To give you your claim, insurance companies require a lot of information about the accident. For starters, this will include accident reports, photo evidence, and witness reports to confirm that the accident wasn’t your fault.

From there, they’ll need any relevant medical bills, mechanic bills, or similar documents that lay out all of the damages.

You must provide accurate information when talking to your insurance company. If they catch you lying or asking for more money than your bills claim, they may use this as a reason to deny your claim.

Violating State or Federal Laws

If you broke federal or state laws while driving, your insurance company might use this as a reason to deny your claim. One of the obvious cases of this is breaking federal impaired driving laws.

Even if the accident wasn’t your fault, if you’re found drunk behind the wheel, you can still get the claim denied. Similarly, you need to pay attention to state laws.

Here in California, it’s illegal to drive without your driver’s license. As such, if it’s mentioned in the accident report that you didn’t have this vital document on you following the truck accident, you may be denied a claim.

That’s why it’s extremely important to make sure that you’re legally compliant before you get behind the wheel.

Getting Repairs Before Informing the Insurance Company

After you’re in an accident, you need to wait for an insurance surveyor to perform an inspection of your vehicle before it’s repaired. Why? Because this inspection will reveal crucial evidence about the damages caused to your property.

As such, if you get it repaired, the insurance company will be relying on either your word or the word of the auto shop. As such, they can use this as grounds to dismiss your claim.

How to Prevent Your Truck Crash Claim From Being Denied

Now that we’ve learned more about the different ways your truck accident claim can be denied, we can discuss how to avoid them. That starts with what happens directly after the accident.

Unless you’re seriously injured, one of the first things you should do after a truck accident is collect evidence. Things like photos, videos, and witnesses can all be invaluable for recreating the scene for your insurance adjuster.

Later, you should document any medical bills for your injuries and auto bills for your vehicle. You’ll also want to call 911, even if no one is hurt. Once an officer shows up on the scene, they’ll make sure everyone is all right, ask questions, and write an accident report.

This report is another essential piece of evidence. As such, you should make sure to get a copy of it either at the scene of the accident or later through the DMV. Make sure you also exchange information with the truck driver.

You will need their contact and insurance information to begin the claims process. Lastly, you should notify your insurance company and the local DMV. Make sure to not wait when doing this or your insurance company may try to deny your claim.

When Should You Contact a Truck Accident Lawyer?

If your accident was serious enough, it makes sense to contact a truck accident lawyer immediately after the accident. Insurance companies will often use the early hours and days following an accident to provide you with a claim or settlement.

A good lawyer is essential for ensuring that the deal they offer you is fair. In some cases, the amount might cover some initial costs, but they don’t calculate the potential long-term costs of the injuries and damages. Legal advice during this time can be invaluable.

In some cases, the accident might be minor. In these situations, you might not need any legal help, especially if your insurance company doesn’t dispute your claim. However, if you’ve unfairly denied your claim, you should contact a truck accident lawyer.

For starters, they can help you appeal a denial. And if that’s rejected, they can help you decide whether or not a lawsuit is the right call for your needs. However, it’s important to note that not all truck accident lawyers are created equally.

You want to find someone who has the experience to negotiate for you. Trust is also essential with these professionals. So make sure you consider all of these factors before you choose a truck accident attorney.

Need Legal Help? Contact Sweet Lawyers

We hope this guide helped you learn how to prevent your claim from being rejected following a truck crash. Here at Sweet Lawyers, we know how devastating these types of accidents can be.

Unfortunately, it can be next to impossible to focus on recovery if you’re busy negotiating with an insurance company that denied your claim. That’s why whether you need help with a straightforward claim or a potential injury lawsuit, we’re here to help.

We provide the peace of mind that people in truck accidents need following these traumatic incidents. So if you’re ready for the legal help you deserve call to schedule your free consultation today.