Due to the sheer size and weight of large trucks, a crash can result in catastrophic injuries such as head, back, neck and brain injuries, paralysis, amputations, broken bones, and death. Survivors typically face mounting medical bills and expenses at a time they may be unable to work, and their lives and those of their families may never be the same.
If you or a loved one has been injured or someone has died in an accident with a large truck, you should be entitled to compensation for your losses. However, the trucking industry is regulated by complicated federal and state laws, and Kentucky personal injury laws come into play as well. Trucking companies and their insurers are out for their own interests and consequently will do everything possible to take advantage of you by denying claims or getting you to accept a lowball offer for less than your case is worth. They have high-powered lawyers working for them, so it can be a mistake to attempt to negotiate with them on your own. Fortunately, there is help available from an experienced Kentucky truck accident lawyer who can negotiate on your behalf for a fair settlement that covers all the damages you received from the crash.
The following are some things you should know about and tips for negotiating with truck insurance companies:
Understanding Insurance Company Tactics
When negotiating with insurance companies, it is important to know the common tactics they use to deny or minimize claims.
After an accident, trucking insurance companies quickly send an investigation team to begin figuring out the best ways to limit their financial losses. They may try to manage the accident scene to limit or lessen the trucking company’s liability and even confront accident victims to get them to make oral or written statements that can be used against them. While insurance company adjusters may seem friendly, they are out for their own interests, not yours. If adjusters ask you to make a recorded statement, you should refuse to do so, tell them to speak to your attorney, and let your lawyer handle their interrogations.
Other tactics insurance companies may use include:
- Dragging out the claims process. By taking longer to answer claims, insurance companies hope that people who need the money from a settlement will panic and accept a low offer. They may even hope to run out the statute of limitations, the deadline for filing a lawsuit for personal injury or wrongful death cases. According to Kentucky law (KRS 413.135), you generally have just one year from the date of the accident that led to the injury to file or the courts will probably refuse to hear your case.
- Disputing liability. Insurance companies will often try to shift the blame for the accident onto you or other drivers or conditions. This is because if it can be shown that you contributed to the crash, according to Kentucky law (KRS 411.182), the amount of damages you can recover in a lawsuit is reduced by the same percentage you are found to be at fault for causing the crash.
- Downplaying injuries. Insurance companies may claim injuries came from pre-existing conditions, were not related to the accident, or aren’t as severe as you say they are. They may argue that certain medical treatments or rehabilitation techniques weren’t necessary. Since some injuries take time to manifest, they may get you to settle quickly, before the full extent and costs of your damages is known.
- Utilizing information against you. Insurance companies can use anything you say in a recorded statement as evidence against you. They look for any inconsistences in your statements, or any information that can indicate you may be partially at fault.
- Attempting to lead you astray. Insurance policies are complicated, and insurance companies may utilize this to confuse you about police coverage or benefits. They may pressure you not to use a lawyer, as you are more vulnerable without one.
Essential Tips for Negotiating
When negotiating with insurance companies, it’s essential to have as much information as possible. You should:
Know relevant laws — Even if you have an attorney negotiating for you, you should have some knowledge of Kentucky and federal laws that apply to your case, and your rights under the laws. For example, Kentucky has laws protecting consumers from unfair insurance practices, including the Unfair Claims Settlement Practices Act, which lists prohibited unfair practices for insurance companies.
Know insurance requirements — Kentucky is a choice no-fault insurance state, which affects how claims are handled. Kentucky’s Personal Injury Protection (PIP) coverage, is a system that helps injured people receive medical and wage loss benefits without having to establish who was at fault. However, you can sue an at-fault driver if:
- Your medical expenses exceed $1,000, or
- You suffered specific severe injuries such as permanent disfigurement, fracture of a weight-bearing bone, or permanent injury.
Commercial insurance requirements for trucks are much higher than requirements for smaller vehicles, depending on the size of the truck, the type of freight carried, and whether the truck is used for intrastate or interstate commerce. Trucks which cross state lines must meet all the DOT truck insurance requirements laid out by the FMCSA. Typical federal liability limits are $750,000 or $1,000,000.
Gather comprehensive documentation and evidence. Before negotiating, it is important to collect and organize all relevant evidence and documentation to prove fault and how the accident happened, including:
- Police accident reports
- Photos and videos of the accident scene and damage
- Medical records and bills
- Witness and first-responder statements
- Testimony from experts in accident reconstruction
- Truck driver’s logs and qualifications, black box records, driver training records, truck maintenance records.
Consider Multiple Liable Parties. In truck accidents, multiple parties may have contributed to the accident and be held responsible, including the truck driver, the trucking company, drivers of other vehicles, cargo companies, or the manufacturer of the truck or a defective part that failed. They all may have insurance and assets that can go toward a settlement.
The Benefits of Hiring a Lawyer
While it is possible for you to negotiate with truck insurance companies on your own, it is difficult for a layperson not familiar with the laws and the system to do so successfully. An experienced lawyer knows the tactics insurance companies use and how to combat them. Your lawyer can assess the value of your case, investigate the accident thoroughly, determine who the at-fault parties may be, conduct interviews and gather evidence, recognize delaying tactics of insurance companies, counter lowball offers with reasonable ones, anticipate insurance company strategies and avoid traps and recorded statements. Your lawyer will handle all filings, communications, argue for maximum damages, and take your case to court if a settlement isn’t reached. Knowing that you have an attorney who is willing to go to trial can encourage insurance companies to take your case seriously and make a reasonable offer.
Get Legal Assistance Negotiating with Truck Insurance Companies
If you or a loved one has been injured or someone has died in a truck accident, there is help available from an experienced Kentucky truck accident lawyers at the Johnson Law Firm. Attorney Billy Johnson has successfully secured settlements and jury awards for victims of truck and other vehicle accidents across Kentucky, and is fully prepared to handle all negotiations and do the same for you. He will aggressively fight for your rights and the financial compensation you deserve.
We work on a contingency basis, so we get paid only when you get paid. Call the Johnson Law Firm at 606-437-4488 today for a free, no-obligation consultation.
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Attorney Billy Johnson
William “Billy” Johnson grew up in the Dorton area of Pike County, Kentucky, and early on decided to stay in the beautiful Appalachian mountains. Like many others in Eastern Kentucky, Billy’s dad worked as a coal miner, a hard job but one that taught his son how to meet challenges head on and persevere. Attorney Billy Johnson has years of experience helping injured clients with claims such as car, truck, and motorcycle accidents, wrongful deaths, work injuries, and more. [ Attorney Bio ]
