After a serious truck wreck, you may expect to deal with one insurance company. Instead, you could receive calls from several adjusters, attorneys, trucking companies, or insurers asking questions about the crash. You may not know who is actually responsible for your injuries — or which insurance policy should pay your claim.
Truck accident claims can involve multiple potentially liable parties and multiple insurance companies. Insurers may also have competing interests in determining which policy should pay first. These issues can create delays, confusing communications, and settlement offers that do not reflect the full value of your losses.
If you were injured in a truck wreck in Dallas, Fort Worth, or anywhere in North Texas, talk to a Dallas/Fort Worth truck accident lawyer at Sellers Law Firm before agreeing to a settlement or giving a recorded statement to an insurer.
Schedule a free consultation or call us at 817-928-4222 today.
What happens during the first 24 hours after a truck wreck?
The first day after a serious truck accident can feel chaotic. You may be dealing with emergency medical treatment, police reports, vehicle damage, missed work, fatalities (in some cases), and questions about what happened. But while you are dealing with the immediate fallout, the trucking company and its insurers may already be investigating the crash:
- You might receive a call from an insurance adjuster asking what happened.
- Another insurer may contact you because the truck driver was operating on behalf of a company.
- A trucking company’s lawyer or representative may also begin gathering evidence, interviewing witnesses, or inspecting the vehicles.
- You may be asked to provide a recorded statement, sign documents, authorize access to medical records, or discuss your injuries before you understand the full extent of them.
You do not have to navigate these conversations alone. Before giving statements or accepting an insurance settlement, consider speaking with a truck accident lawyer who can help identify who may be responsible and what insurance coverage may apply.
Continue reading: 5 Questions to Ask Your Dallas/Fort Worth Truck Crash Attorney
Why are truck wrecks so complicated?
A collision involving a passenger vehicle and a commercial truck can be more complicated than an ordinary car accident because there may be several parties and several insurance policies involved.
Multiple parties may be potentially liable
The truck driver is not necessarily the only party that could be responsible for a crash. Depending on the circumstances, potentially liable parties could include:
- The trucking company that employed or hired the driver
- A motor carrier or transportation company
- A truck owner or leasing company
- A company that loaded or secured the cargo
- A maintenance or repair company
- A manufacturer of defective truck parts or equipment
- Another driver whose actions contributed to the collision
- A broker or other company involved in arranging transportation
For example, suppose a truck driver loses control after cargo shifts inside a trailer. The investigation might need to determine whether the driver operated negligently, whether the trucking company properly trained or supervised the driver, whether the cargo was loaded correctly, and whether another company was responsible for securing the load.
Each potentially liable party may have its own insurance policy.
Commercial trucking operations often involve multiple insurance policies
Can a trucking company have two insurance policies? Yes, commercial trucking insurance can involve multiple layers of coverage. A trucking company may have a primary liability policy that provides coverage up to a certain limit. If the company’s potential liability exceeds that limit, an excess or umbrella policy may provide additional coverage.
Other companies or parties involved in the shipment may also have separate policies. This is sometimes described as layered insurance coverage. The policies can interact in complicated ways, including questions about which insurer must pay first and when another layer of coverage becomes available.
The result is that there may be substantially more insurance coverage available than a victim initially realizes, but accessing that coverage can require identifying the correct parties, policies, limits, and applicable terms.
What is “layer trapping” in insurance?
One problem that can arise in a complicated truck accident claim is sometimes referred to as layer trapping. In simple terms, layer trapping occurs when an insurance company attempts to keep a claim within one layer of coverage or argues that another insurer or policy should be responsible for paying.
Imagine that a trucking company has a primary policy and an excess insurance policy. If your damages are significant, the primary insurer may have an interest in resolving the claim for as little as possible, while the excess insurer has an interest in limiting its own exposure.
When multiple policies and potentially liable parties are involved, insurers may dispute how coverage applies or who should contribute toward a settlement. For an injured person, this can create a frustrating situation: the insurance companies know their policies and coverage structures, while you may simply be trying to figure out how you will pay your medical bills.
How can insurance companies delay or low-ball a truck wreck claim?
Insurance companies have financial incentives to control claim costs. In a complicated truck wreck, delays and disputes over coverage can make the claims process even more difficult. An insurer may:
- Ask for a recorded statement shortly after the crash
- Request extensive medical records or other documentation
- Question whether an injury was caused by the truck wreck
- Argue that another party or insurer is responsible
- Shift blame to the truck driver or another vehicle involved
- Make a settlement offer before the full extent of your losses is known
- Delay evaluating certain portions of a claim
- Dispute the amount of your medical expenses or lost income
- Argue that your injuries are less serious than you claim
A quick settlement offer can be especially problematic when you are still receiving medical treatment. Once you accept a settlement, you generally cannot return later and demand additional compensation simply because your injuries turned out to be more serious than expected. That is why you should understand the full scope of your damages and available insurance coverage before settling.
Why is it worth hiring a truck wreck lawyer?
A truck accident lawyer can investigate the crash and look beyond the first insurance company that contacts you by:
1. Identifying every potentially responsible party. Rather than assuming the truck driver is the only liable party, an attorney can investigate the trucking company, motor carrier, cargo loaders, maintenance providers, and any other party whose actions may have contributed to the crash, along with which insurance policies apply to each one.
2. Handling communications with insurers on your behalf. Instead of trying to determine whether an adjuster’s questions are routine or designed to minimize the value of your claim, you can have an attorney evaluate those communications and protect your interests.
3. Obtaining evidence that is particularly important to preserving your claim, including driver logs, electronic data, vehicle maintenance records, inspection records, cargo documentation, dashcam footage, onboard computer data, and communications involving the trucking company.
4. Evaluating your claim based on the totality of your losses, rather than simply the amount an insurer initially offers.
Get the full value of your truck wreck claim. Call Sellers Law Firm.
After a truck wreck, you should not have to become an insurance expert just to understand who may be responsible for your injuries. If multiple insurance companies have contacted you after a truck wreck, their offer may not represent the full value of your claim.
Contact Sellers Law Firm to speak with a Dallas/Fort Worth truck accident lawyer about your case. Our attorneys can investigate the crash, identify potentially responsible parties, examine available insurance coverage, and help you pursue the compensation you may be entitled to receive.
The insurance companies have lawyers protecting their interests. You deserve someone protecting yours. Request an appointment today, or call us at 817-928-4222 for your consultation.
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