8 Ways Insurance Companies Try to Deny Trucking Accident Claims
Trucking accidents often lead to devastating injuries and significant financial losses, which makes it important for victims to claim compensation. However, insurance companies are businesses focused on minimizing payouts rather than helping victims recover.
They employ several tactics to reduce or deny claims. This leaves victims without the financial support they deserve to cover their damages and losses. Understanding these strategies can help truck accident victims build a stronger case and counteract insurance companies’ efforts to undermine their claims.
Let’s read about some of these strategies in detail.
- Disputing Liability to Avoid Paying Compensation
One of the most common ways insurance companies try to deny trucking accident claims is by disputing liability. They may argue that the truck driver was not at fault or that another party, such as a pedestrian or another driver, was responsible for the accident. This tactic shifts blame away from the trucking company and can significantly reduce the chances of a successful claim.
To counter this, victims must gather substantial evidence, such as police reports, witness statements, and dashcam footage, proving that the truck driver or trucking company was negligent. Working with an experienced truck accident attorney can help ensure that liability is properly established and that the insurance company cannot shift blame unfairly.
- Claiming That the Victim Was Partially or Fully at Fault
Insurance adjusters often try to reduce payouts by arguing that the victim contributed to the accident. They may claim that the injured party was speeding, failed to yield, or engaged in reckless driving behaviors. In states with comparative or contributory negligence laws, this argument can significantly impact the compensation amount or even lead to a complete claim denial.
Victims should be cautious when discussing the accident with insurance adjusters, as their statements can be used against them. Providing detailed evidence, such as traffic camera footage or accident reconstruction reports, can help prove that the truck driver or company was primarily responsible for the crash.
- Using Delays to Frustrate the Claimant
Insurance companies often use delay tactics to frustrate victims into accepting lowball settlements or giving up on their claims altogether. They may take an excessive amount of time to process paperwork, repeatedly request additional documentation, or fail to respond to inquiries.
These deliberate delays can create financial stress for victims, pushing them to accept a settlement that is far lower than what they deserve.
To avoid falling victim to this tactic, accident victims should keep detailed records of all communication with the insurance company and set clear deadlines for responses. An experienced attorney can provide you with expert representation after a truck accident. Attorneys help expedite the process by ensuring that the claim moves forward without unnecessary delays.
- Offering a Low Settlement Before Knowing Full Damages
After a trucking accident, insurance adjusters may offer a quick settlement before the victim fully understands the extent of their injuries and losses. While accepting immediate compensation may seem tempting, these initial offers are usually far lower than what the victim is entitled to receive. Once a settlement is accepted, the victim cannot pursue further compensation, even if additional medical expenses arise later.
Victims should never accept the first offer without consulting a legal expert. A lawyer can assess the true value of the claim, considering long-term medical costs, lost wages, and pain and suffering. This ensures that victims receive fair compensation rather than being shortchanged by an insurance company looking to minimize its losses.
- Arguing That Injuries Were Pre-Existing or Not Severe
Another common tactic used by insurance companies is to claim that the victim’s injuries were pre-existing or not as severe as they claim. They may argue that the injuries resulted from a previous medical condition or that they are not serious enough to warrant compensation. This strategy allows them to downplay the extent of the victim’s suffering and reduce the payout.
To counter this argument, victims should seek immediate medical attention after an accident and follow all prescribed treatments. Medical records, doctor’s statements, and diagnostic tests can serve as strong evidence proving that the injuries were directly caused by the trucking accident.
- Questioning the Necessity of Medical Treatment
Even when an injury is well-documented, insurance companies may still argue that certain medical treatments were unnecessary or excessive. They may claim that the victim could have recovered with minimal intervention or that they received treatment that was not essential to their recovery. By doing this, insurers attempt to reduce the compensation owed for medical expenses.
Victims can fight this tactic by keeping detailed records of all medical treatments, including prescriptions, therapy sessions, and surgical procedures. Working with a knowledgeable attorney who can consult medical experts to validate the necessity of the treatment can strengthen the claim.
- Misrepresenting Policy Coverage and Limits
Insurance companies sometimes misrepresent policy details to avoid paying claims. They may falsely claim that the trucking company’s policy does not cover certain damages or that the coverage limits are lower than they actually are. This misinformation can discourage victims from pursuing the compensation they are entitled to receive.
Victims should always request a full copy of the trucking company’s insurance policy and review it carefully. A skilled attorney can also analyze the policy to ensure that the insurance company is not misleading the claimant about coverage options and limits.
- Denying the Claim without a Clear Explanation
One of the most frustrating tactics used by insurance companies is outright denying a claim without providing a valid reason. They may issue a denial letter with vague language, leaving the victim unsure of what went wrong or how to proceed.
This tactic discourages claimants from challenging the decision, which eventually saves the insurer money at the expense of the victim’s rightful compensation.
Victims should never accept a claim denial without investigating further. They have the right to request a detailed explanation and appeal the decision if necessary. A truck accident attorney can help challenge the denial and present additional evidence to support the claim.
