Will My Truck Accident Lawyer Deal with the Insurance Companies for Me?

Thursday, July 13, 2023

Will My Truck Accident Lawyer Deal with the Insurance Companies for Me?

Written by Malman Law, reviewed by Steve J. Malman.

Anyone who has filed a truck accident claim will tell you that the worst part is dealing with the insurance company. Between calls from the insurance adjuster and having to resubmit claims, you might as well just entirely give up.

Many people choose not to hire an attorney after an accident since they want to save money. In the long run, those who hire an attorney save money.

As Chicago truck accident lawyers, we will speak with the insurance company on your behalf. We take all measures to compensate you for your losses, whether it be through negotiating with insurance or taking your case to trial.

Filing an Insurance Claim

In filing an insurance claim, you will have two separate claims: a property damage claim and a bodily injury claim.

Bodily injury claims take longer to settle since medical treatment following an accident can be ongoing. Even after injuries related to the crash have been treated, secondary injuries may surface. These types of injuries can take a long time to resolve.

While you may be ready to accept a settlement on your property damage claim with the insurance company, the insurer may refuse to pay if you still have an open bodily injury claim.

Negotiating with Insurance

An attorney will review the facts in your accident case to determine each driver’s liability.

A truck accident attorney will gather the necessary evidence to submit to the insurance company to prove the truck driver’s negligence. Your attorney will want to show how the trucker’s negligence directly caused your accident.

Since Illinois has adopted comparative negligence, you will be able to recover for your losses as long as you are less than 50% at fault. Your ability to collect on your claim will be determined based on your degree of fault.

For instance, if the at-fault driver’s insurance determines that you were 30% at-fault, then the insurer may only be willing to pay you 30% of your claim.

Negotiating with insurance is a process that can take anywhere from weeks to several months. Illinois law allows insurance companies 30 days after receiving proof of loss to pay on a claim or to notify the claimant of any insufficient documentation.

When Should I Accept a Settlement Offer?

Filing an insurance claim with another driver’s insurance company is a hassle. The insurance company wants to pay out as little as possible on your claim. The first offer rarely accounts for lost earning capacity or future medical treatment.

If you accept a low settlement offer, you will be reducing the truck driver’s liability. A settlement that is too low does not reflect the worth of your truck accident case.

The best time to accept a settlement offer is usually when you are at maximum medical improvement (MMI). This means that you have either recovered from your injuries or you will not have significant improvement with medical treatment.

Once you accept the insurance settlement, there is no going back. You will have to sign a waiver, known as a “release for damages,” which will bar you from recovering a penny more on your claim.

The best truck accident lawyer for you won’t have qualms negotiating with insurance companies. If he believes a settlement is too low, he may recommend a counteroffer. And if negotiations stall, he may suggest litigating your case.

Damages

Damages are intended to compensate an individual for any losses that he or she sustained as a direct result of an accident. Damages are designed to make the victim “whole” again. Compensatory damages may be either economic or non-economic.

Economic damages are monetary losses that can be easily calculated. For example, missed time from work can easily be shown by comparing past pay stubs with pay stubs following your accident.

Economic damages will include:

• Emergency room and ambulatory care;
• Rehabilitation;
• Long-term medical treatment;
• Lost wages
• In-home care

In contrast, non-economic damages are referred to as “pain and suffering” losses. These types of losses affect the victim’s quality of life and are more subjective.

However, there is no financial loss that results from non-economic damages.

Non-economic damages include:

• Pain and suffering
• Loss of companionship
• Loss of consortium
• Disfigurement
• Negligent infliction of emotional distress

At Malman Law, we use different methods of calculating the value of your non-economic damages, including the multiplier method. For example, we add up your total economic damages and multiply it by a number between 1 to 5 (depending on the severity of your injury).

Figures for both economic and noneconomic losses would be submitted to the insurance company as part of our demand package.

A Chicago Truck Accident Lawyer Working on Your Behalf

A truck accident lawyer knows all the tactics an insurance company will use to avoid paying your claim. At Malman Law, we will continue fighting until we reach the outcome that you deserve. Contact us today to schedule your free consultation.