In the United States, truck accidents cause an estimated 4,000 deaths every year. If you or a loved one are facing this type of situation after being hit by a commercial vehicle, you likely have many questions.
Once the accident occurs, many potential obstacles may crop up, especially when you’re making a claim. You might experience confusion with the legal process you have to go through.
So below, we have listed the most common questions when making a truck accident claim and their answers.
Overview of Truck Accident Claims
Truck accident claims involve filing a lawsuit and negotiating the settlement. You might also have to file a police report and ensure that your medical bills will have payment. It is important to contact a qualified lawyer to help you navigate the entire process and understand all your rights.
Additionally, compensation for damages involves both economic and non-economic damages. It depends on the particular case. It is also important to understand the statute of limitations for filing a claim and how the insurance company may factor into the mix.
What Can I Claim for in a Truck Accident?
When filing a truck accident claim, one of the most asked questions is about what you can claim. Generally, the types of compensation awarded depend on the crash’s severity and the amount of damage done.
It depends on the circumstance of the accident. You may be able to seek monetary compensation for medical bills or lost wages. Or you may receive compensation because of pain and suffering, vehicle repairs, and other related expenses.
And it is also important to note that each state has its own laws governing the claims process. So be sure to consult an experienced attorney to learn what specific damages and losses may apply in your situation.
What Documents Do I Need?
When filing an insurance claim, there are a few documents that you will need to present. Be sure to have at least two forms of valid identification, such as a driver’s license or passport. You should get a police report to document the incident and proof of insurance for both parties involved.
Other requires documents may include photos of the accident and property damage. You may also have to have documentation of witness statements and statements from the truck driver or other witnesses.
If you have any medical bills due to the accident, it is important to have those ready. You will have to present them to the insurance company.
Lastly, you will need to provide a record of the expenses you have incurred due to the accident, such as lost wages. You must gather all these items when filing a truck accident claim to maximize your chances of receiving fair compensation.
What Is the Process of Filing a Claim?
Filing a truck accident claim begins with determining who was at fault in the crash. Generally, the truck driver or trucking company is responsible.
After determining fault, you must contact a lawyer to discuss your claim. The lawyer will then investigate and collect evidence. They will negotiate with the insurance company on your behalf.
Once there is a settlement, the lawyer will guide you through the complicated paperwork. A lawyer can help you receive the appropriate compensation for your injuries and losses. They will protect their rights during the entire process.
What Kind of Lawyer Should I Hire?
It is important to choose an experienced attorney who is well-versed in truck accident law. An experienced truck accident attorney can help determine who is at fault and what compensation you should expect.
It is also important to work with an attorney knowledgeable about federal and state laws governing the case. They should also know local laws that might play a role in the case.
The attorney should also understand the trucking industry well, which can help prove liability. You can discover more here about contacting a lawyer when you get in a truck accident.
Are There Time Restraints?
Yes, there are time restrictions when filing a truck accident claim. This restriction depends on the state in which the accident occurred.
The statute of limitations generally takes two to four years to file a claim. But this time can be shorter or longer depending on the state where the accident occurred. For instance, if the claim is against a public entity, the statute of limitations may be shorter than the typical two or four-year limit.
Consulting with an experienced lawyer in your state is the best way to know the time limits for your particular case. You should make all accident claims within the state-determined time limits. Otherwise, your claim will become null and void, and you may not be able to bring a lawsuit against the other driver for damages.
Who Is Responsible for Paying a Truck Accident Claim?
Another frequently asked question about an auto insurance claim is who pays for the claim. Often these cases involve more than one party.
Depending on the case’s specifics, the truck driver, their employer, or the truck manufacturer may be liable for paying the claim. In some situations, many parties may be liable for the damages. If a trucker works for a company, their employer’s insurance company may be responsible for the payment.
The ultimate responsibility for paying a truck accident claim lies with the party whose actions caused the accident. A skilled lawyer can help determine who is responsible. And they will pursue the necessary legal actions to receive compensation.
Don’t Hesitate to File a Claim
Processing a truck accident claim can be complex and confusing. But knowing the answers to the most frequently asked questions can help make the claim process smoother. If you or someone you know has been in a truck accident, contact a lawyer to review your claim and ensure your rights are protected.
