Truck accidents are a different beast entirely from your typical fender-bender. Due to the sheer size and weight of commercial trucks, they usually cause utter devastation when they collide with passenger vehicles. Occupants of smaller vehicles often suffer severe injuries in trucking accidents, leading to astronomical medical bills. Not only that, there’s the emotional trauma to consider along with the cost to replace your totaled car.
If a truck driver caused a crash that hurt you, don’t be surprised if their insurance company reaches out to you pretty quickly to offer a settlement. It’s important to know what to do with the first offer from the insurance company after a truck accident and how to ensure you get the full and fair compensation you need to cover all your injuries and losses.
It’s crucial to approach this situation with a clear head and a solid understanding of your rights and options.
When it comes to insurance claims for truck accidents, the stakes are high. Your claim could potentially be worth life-changing sums of money. Insurance companies know this, and they’re not in the business of handing out big checks without a fight. They have teams of adjusters, investigators, and lawyers whose job it is to minimize the amount they pay out.
This is why that first offer from the insurance company is so critical. It sets the tone for the entire negotiation process. Handle it wrong, and you could be leaving thousands—or even millions—of dollars on the table. That’s money you might desperately need for medical treatments, lost wages, or long-term care.
That’s a lot to consider, but you don’t have to deal with the insurance company on your own. A skilled truck accident attorney can be your guide, advocate, and protector throughout this process. They’ve seen all the insurance company’s tricks before and know how to counter them. With their help, you can level the playing field and fight for the compensation you truly deserve.
A Colorado truck accident lawyer can help you navigate the legal system, protect your rights, and fight for the compensation you deserve.
Understanding the Initial Offer
First, it’s usually not in your best interest to accept the insurance company’s initial settlement offer. Here’s why:
Insurance companies often lowball first offers. Insurance companies are businesses looking to make money and their shareholders happy. Paying claims reduces their profit margins. As such, they want to pay out as little as possible on claims. When they make that first offer, it’s almost always going to be on the low end.
They’re banking on a few things here. First, they know you’re probably stressed, in pain, and eager to put this whole ordeal behind you. They’re hoping you’ll jump at the chance to get some quick cash and move on. Second, they’re aware that many people don’t fully understand the true value of their claim or the long-term costs associated with their injuries.
Common Tactics Insurers Use to Minimize Payouts
Insurance adjusters have a whole bag of tricks they use to keep payouts low. They might try to downplay the severity of your injuries or argue that they were pre-existing conditions. They could claim you were partially at fault for the accident, even if that’s not true. Sometimes, they’ll drag out the process, hoping you’ll get frustrated and settle for less just to be done with it.
One particularly sneaky tactic is to act super friendly and concerned, making you feel bad about “taking advantage” of them. Don’t fall for it. Remember, this is business, not personal. You have every right to seek fair compensation for your injuries.
Steps to Take Before Responding
Now that you understand why that first offer is likely to be a lowball, here’s what you should do before you even think about responding.
- Seek medical attention and document injuries: Your health comes first, always. Even if you feel okay right after the accident, get checked out by a doctor. Some injuries, like whiplash or internal bleeding, might not show symptoms right away. Plus, having a medical record of your injuries is crucial for your claim.
- Document everything: Keep all your medical bills, prescriptions, and treatment plans. Take photos of your injuries as they heal. If you’re experiencing pain or limitations in your daily life, jot it down in a journal. All of this will be valuable evidence later.
- Gather all relevant evidence and documentation: The more evidence you have, the stronger your case will be. Collect police reports, witness statements, and photos from the accident scene. If there were any traffic cameras or dashcams that might have caught the crash, try to get that footage.
- Document how the accident has impacted your life: Pay stubs showing lost wages, canceled plans or events you missed due to your injuries, even receipts for things like crutches or prescription medications can all help paint a picture of your damages.
- Calculate your total damages (medical bills, lost wages, etc.): This is where things can get tricky, and it’s one of the main reasons why having an attorney is so helpful. You need to consider not just your current medical bills and lost wages, but also future expenses. Will you need ongoing physical therapy? Might you have to switch to a lower-paying job because of your injuries? Could you need future surgeries? Don’t forget about non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life. These are harder to put a dollar value on, but they’re just as real and valid as your medical bills.
- Consult a personal injury attorney: Before you respond to that first offer, talk to a truck accident attorney. Most offer free initial consultations, so you’ve got nothing to lose. They can help you understand the true value of your claim and spot any pitfalls or tricks in the insurance company’s offer.
An attorney can also handle all communication with the insurance company for you, taking that stress off your plate so you can focus on recovery. Plus, studies have shown that accident victims who hire attorneys tend to receive significantly higher settlements than those who go it alone.
Evaluating the Insurance Company Offer
Sit with your attorney and evaluate the insurance company’s offer. Compare the offer to your calculated damages. This is where all that documentation comes in handy. Lay out your total calculated damages side by side with the insurance company’s offer. In most cases, you’ll see a pretty big gap. That’s normal, but it gives you a starting point for negotiations.
Consider Long-Term Impacts and Future Expenses
Don’t just focus on your current bills. Think about how this accident might affect you 5, 10, or 20 years down the road. Will you need long-term care? Might you develop arthritis or other complications from your injuries? Could this affect your ability to advance in your career?
Assess the Strength of Your Case
This is where your attorney’s knowledge and experience are really valuable. They can help you understand how factors like liability, the severity of your injuries, and the available insurance coverage might impact your case. If the evidence clearly shows the truck driver was at fault and your injuries are severe, you’re in a stronger position to negotiate for a higher settlement.
Responding to the Offer
Now that you’ve evaluated the offer, it’s time to respond. Remember to never accept the first offer. It’s almost always too low, and once you accept, there’s no going back. You can’t reopen negotiations if you realize later that you settled for too little.
Work with an attorney to craft a well-reasoned counteroffer. They know how to structure a counteroffer that’s both ambitious and realistic. They’ll use all the evidence you’ve gathered to justify asking for more compensation.
Your attorney will typically respond with a formal demand letter. This document lays out the facts of your case, details your injuries and damages, and explains why you deserve more compensation than what was initially offered. It’s essentially your opening argument in the negotiation process.
Negotiation Strategies
Be patient and prepared for multiple rounds of negotiation. Negotiations rarely wrap up after one counteroffer. The insurance company might come back with a slightly higher offer, but still not enough. Your attorney will help you decide when to push for more and when to consider accepting an offer.
Throughout the negotiation process, your attorney should keep emphasizing the strongest aspects of your case. Maybe there’s clear evidence that the truck driver was negligent, or perhaps your injuries have had a particularly severe impact on your life. Whatever your case’s strong points are, make sure they stay front and center.
Your attorney might bring in expert witnesses—like doctors or accident reconstruction specialists—to provide professional opinions that support your case. This kind of expert testimony can be very persuasive in negotiations.
When to Consider Legal Action
There are several scenarios where it might be time to consider taking your case to court:
- Signs that negotiations are not progressing: If the insurance company isn’t budging from a lowball offer, or if they’re using delay tactics to wear you down, these could be signs that negotiations aren’t going anywhere. Your attorney can help you recognize when it’s time to consider other options.
- Bad faith actions: If the insurance company isn’t honoring your valid claim or violating terms of the settlement agreement, your attorney may need to take them to court to ensure they act properly and provide you the compensation you’re due.
- Statute of limitations considerations: Keep in mind that there’s a time limit for filing a lawsuit after a truck accident. This is called the statute of limitations, and it varies by state. In Colorado, for example, you generally have three years from the date of the accident to file a personal injury lawsuit. Your attorney will make sure you don’t miss this crucial deadline.
Benefits of Having an Attorney Represent You
If your case does go to court, having an experienced attorney is invaluable. They know the ins and outs of the legal system, how to present evidence effectively, and how to argue your case before a judge and jury. Plus, many personal injury attorneys work on a contingency basis, meaning they only get paid if you win your case.
Dealing with the aftermath of a truck accident can be scary, stressful, and frustrating–but you don’t have to face it alone. The skilled truck accident lawyers at Franklin D. Azar & Associates, P.C. have years of experience fighting for the rights of accident victims in Colorado. We understand the tactics insurance companies use and know how to counter them effectively.
Remember, the decisions you make in the wake of a truck accident can have long-lasting impacts on your life. Don’t leave your future to chance. Don’t let the insurance company shortchange you.
Reach out to Franklin D. Azar & Associates, P.C. for a free consultation today. Our team of dedicated personal injury attorneys will review your case, explain your options, and fight aggressively to increase your chances of getting the maximum compensation you deserve.
A Colorado truck accident lawyer can help you navigate the legal system, protect your rights, and fight for the compensation you deserve.
