You’re in an accident with another semi. The other driver admits fault, so you file a claim with their insurance company. The claims process should be easy, right? Sometimes yes, sometimes no.
Even if the other driver’s insurance company agrees to fully repair your truck, they may not agree to pay all of your other losses. The biggest loss you may have as an owner operator is the loss of income while your truck is being repaired. With today’s delayed parts, repair times are longer and it’s easy to get upside-down financially.
Facing the fallout of a not-at-fault trucking accident and the related insurance claim can be challenging. If you’re an owner-operator, this process can feel even more overwhelming. Here are five important things you need to know to navigate the process and get your finances back on track:
1. Document Everything:
Immediately after the accident, document all the relevant details. It’s up to you to prove the other driver was at fault. Take photos and videos of the accident scene, both vehicles’ damages, license plates, and any visible injuries. If safe to do so, speak with any eye witnesses about providing statements about the accident. Make sure to get their contact information for later communication.
2. Seek Medical Attention:
Even if you don’t feel seriously injured, seek medical attention after an accident. Some injuries may not be apparent right away, and having medical treatment can strengthen your claim. Be sure to keep accurate records of all medical visits, bills, and expenses.
3. File a Claim with the Other Party’s Insurance Company:
Even if the other driver admitted fault, their insurance company may not be as swift at handling the claim as you hope. Speed up the claim by being organized and prepared with all claim information, including accident details and any documentation you’ve gathered. Consistently follow up with the adjuster to ensure your claim progresses as quickly as possible.
Note:
If your claim relates to the repairs of trucking equipment and/or downtime losses, the claim will likely be handled by a property damage adjuster. If your claim relates to personal injuries, the claim will likely be handled by a bodily injury adjuster. Accidents with both property damage and bodily injury claims may have two adjusters assigned.
Your own insurance carrier may need to be involved in the process, especially if the other driver’s insurance is uncooperative. No owner operator likes to file a claim on their own policy, especially if not at fault. However, if the other driver’s insurance company is delaying payment, it may be a reasonable solution to getting equipment repaired and back on the road.
Hire Legal Counsel:
Being proactive and seeking legal advice may help to avoid becoming financially upside-down after a trucking accident. If the claims process is moving too slowly or you’re not receiving fair compensation on your own, Consider hiring a lawyer experienced in trucking accidents and claims to help protect your business and income.
Attorneys are trained to calculate losses, negotiate settlements, and review releases. Your attorney will advise you on each step so you don’t give up your rights to pursue any portion of your claim. It is best to find a trucking attorney who will listen to you, advocate on your behalf, and help negotiate a fair settlement.
If you’ve been the victim of an accident, Eckert & Associates, PA would like to discuss your case. Contact us at your earliest convenience for a free consultation. Please be aware: accident claims have limited amounts of time to pursue prior to the statute of limitation expiring.
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.