DISCLAIMER: The following recommendations are general guidelines and can’t be applied to every situation – please contact a professional lawyer for more information.
If an injured party is contacted by a trucking company’s insurance provider, it is important to stay calm, be polite and write down the name, job title and company name of the person you are speaking with over the phone.
At the same time, it is recommended that you give the minimum amount of details by only stating your name, address and phone number if it is required. It is not recommended to disclose any information about the accident, any injuries you sustained or any insurance claims. To avoid situations where the insurance company continues calling, the best practice is to end the conversation appropriately by letting the insurance adjuster know that they will be contacted if needed.
A person is only legally required to speak with representatives from their own insurance company. If a person is uncomfortable speaking with the trucking company’s representative, they can decline the opportunity to speak and direct them to the representatives from their own insurance company. In addition, you can politely inform them that any further engagement will only occur in the presence of a lawyer.
In terms of the law, truck and car accidents are mostly the same. Nonetheless, there are different state and federal laws regarding the required time a truck driver must spend behind the wheel and training requirements for truck drivers. It is also rare that truck drivers are independent contractors, as they are commonly part of a larger company that has insurance, and a large team of lawyers to defend them. This makes court cases and settlement processes more difficult. To receive the best advice, it is worth contacting a reputable lawyer with extensive experience in car and truck accidents.
Every truck accident case is different and must be looked into on an individual basis. However, if a truck accident resulted in an injury, the injured party may be eligible for compensation related to the treatment costs for the inflicted injuries, as well as compensation for pain and suffering, and time off work.
Usually, it is the insurance company servicing the driver that covers the treatment costs of injuries sustained in a truck accident. Still, it is not uncommon that insurance companies attempt to deny the victim their compensation. It is recommended to contact a professional truck accident lawyer before speaking to any insurance company representatives about the accident.