After someone is involved in a car accident, he or she can expect the parties’ insurance companies to conduct a thorough investigation into the cause of the accident and the nature of the resulting bodily harm. Investigations conducted by a trucking company’s insurers tend to be even more detailed and intensive, largely because the losses are so much greater after these kinds of collisions and the company therefore stands to lose a lot more if held liable. Read on to learn more about how insurance companies investigate truck accidents and how their methods could impact your own claim.
Determining Fault and Injuries
Insurance companies are motivated solely by profit and any injury claim filed by an accident victim threatens their financial interests. This is why insurers look for reasons to deny payment, or attempt to pay out as little as possible for a claim and will use two major concepts to justify these actions, namely: fault and injuries. A trucking company’s insurer will go to great lengths to try and prove that a truck driver, or the trucking company itself, was not at fault for an accident, as this means that they won’t have to approve and pay out a victim’s claim. This may involve attempting to place the blame on the claimant, or even on a third party. Similarly, a claimant’s potential compensation (either in settlement form or as a damages award) will directly be tied to the severity of his or her injuries, so the insurance adjuster will carefully review a claimant’s medical records and other information to dispute how badly the victim was hurt. It is not uncommon for an insurance company to bring in its own experts when making such an attempt.
These two factors: fault and injuries are important in any car accident claim, but are especially critical after a truck accident, simply because there is more money at stake. Policy limits tend to be much higher for commercial trucking companies, often as much as $750,000 at the low end, so when a company has to pay up to that limit, claimants can expect adjusters to scrutinize a case very carefully.
Insurance Investigation Practices
When investigating the cause of and damages involved in a truck accident, a company adjuster will consult with special investigators, medical professionals, and even accident reconstruction experts. As a part of the investigation, they will also likely:
- Obtain a statement from the truck driver;
- Speak with witnesses and the other parties involved in the crash;
- Review security and traffic camera video footage of the accident; and
- Review the victim’s medical records.
They may also, however, engage in more underhanded tactics during the investigation, such as trying to find loopholes in an insurance policy’s language that will allow the company to avoid paying out a claim. A claimant can also expect a trucking company’s insurer to look through his or her social media posts in an effort to find information that they deem inconsistent with the victim’s injuries. Even an innocent photo at a family party, for instance, can be used by insurers to claim that an accident victim’s injuries aren’t as severe as he or she is claiming.
The insurer will also likely conduct an interview with the injured party, attempting to gain a statement that damages the victim’s claim. Words can be twisted and statements taken out of context in an effort to discredit a claimant. This is one of the reasons why having an experienced attorney on your side can be so helpful in handling a truck accident claim. A legal representative can ensure that insurance companies don’t use underhanded tactics during interviews and depositions and can help claimants avoid giving damaging testimony.
Set Up an Initial Consultation with Our Miami Legal Team
When a truck accident victim files a claim with a trucking company’s insurer, he or she can expect that the company will look out for its own interests and not the claimant’s. Fortunately, you don’t need to take on a trucking company, which are often well-represented and well-funded, on your own, but can work with an experienced Miami truck accident lawyer who can help you assert and protect your legal interests. To learn more about seeking the compensation you deserve after an accident, contact Dolan Dobrinsky Rosenblum Bluestein and set up a meeting with one of our skilled and compassionate Miami truck accident lawyers today. You can reach us 24 hours a day by online message, or by calling our office at 305-371-2692.