Finally, once you leave the scene the steps you take in the days after the trucking accident should include the following:
- File a claim with the other driver’s insurance company if the other driver has not done so. Have a copy of the police report and any other documents relating to the accident in front of you when you call. They will want detailed information as to the scene and what transpired there.
- Once a claim has been filed, you will be given a claim number. The file will be assigned to an insurance adjuster to investigate and manage the claim. It may be a couple of days before this adjuster calls you on the claim. Don’t wait too long for the adjuster to get back with you. You will want to be proactive in resolving this matter. They are interested in protecting their insured, not you.
- If they admit to liability of their insured, great. You have passed step one. Now step two: agreeing on the value of the damages (property and bodily injury) and other losses, including downtime claims. This takes research and organization on your part.
- If the adverse adjuster does not admit to liability, they will not pay you. In order to get paid for your damages to your property and loss of profit while unable to work, you now have two choices. You can either file a claim with your insurance company or you can sue the adverse party and/or their insurance company in the hopes the judge will rule in your favor.
Please see Steps To Take If You Are In An Accident Part 4.
Kelsea Eckert enjoys helping clients resolve their insurance and downtime claims. She is active in the trucking community and is always willing to speak with groups about transportation topics.
Kelsea was raised in the Bloomington, Illinois area and has practiced law since 1988. She lives in Florida and Kentucky, representing clients across the United States.
Over the years, she has written numerous books, including: The Illinois Legal Filing Directory, Small Claims Court Without a Lawyer, How to Form Your Own Corporation, Getting Paid in Full, Lawsuits of the Rich and Famous, and Selling Internationally, Without a Product.
Kelsea regularly speaks at trade shows, podcasts, and radio shows on transportation issues. She writes articles for newsletters, magazines and the Eckert & Associates, PA blog. Some of her writings and interviews are available on Transport Topics, Landline Media, Expediters Online, Service Truck Magazine, and other transportation media networks.
Kelsea attended Illinois State University and University of Georgia during her undergraduate years. She graduated from Southern Illinois University School of Law. She is a member of the Illinois Bar and Florida Bar.
Kelsea is on the board of the Transportation Club of Jacksonville as the Driver Advocate Chair. She is involved in her community through volunteering, and she and her husband have two amazing children.