After a truck accident, the first thing on your mind is probably not whether to contact an attorney. With numerous physical, emotional, and financial concerns, the situation can be overwhelming for victims and their loved ones.

After a truck accident, what not to do is just as important as what to do, particularly when it comes to dealing with the insurance company.

We prioritize client care and communication because our personal injury attorneys at Brandon J. Broderick, Attorney at Law, understand what auto accident victims go through. Simply contact us today if you have any concerns or would like to schedule a free consultation. We are prepared to assist you in any way possible.

This article explains what you need to know about talking with the insurance company and the way insurance claims for truck accidents are handled in the state of New York.

Liability and Fault After a Truck Accident in NY a No-Fault Insurance State Can be Complicated

Statistically, truck drivers are frequently at fault, negligent, or otherwise held at least partially liable for an accident. However, determining who is at fault for a truck accident is not easy, and frequently multiple parties can share responsibility. The transportation company could be held liable if it failed to adhere to safety regulations and/or maintain appropriate policies. Or, multiple companies may own or be responsible for distinct truck components. For instance, one company or owner/operation may own and insure the tractor, while another company may own and insure the trailer. New York is a no-fault insurance state, and liability in a truck accident can be complicated, which is one of the primary reasons to consult with an experienced New York truck accident lawyer to fully understand your case and options.

Do NOT Allow an Apology and a Financial Offer to Persuade You

If you have been involved in a collision with a commercial vehicle, the trucking company's insurer may contact you. A pleasant-sounding adjuster says, "We're so sorry you got hurt." She then offers to send you a check for the full value of your car's replacement. Or, she may say that she will offer you a "reasonable" settlement so that you do not have to hire attorneys.

Because apologizing would be an admission of fault, adjusters are frequently instructed to convey empathy that sounds like an apology without actually apologizing. Just because someone says "sorry" does not mean they are apologizing or accepting responsibility.

Avoid the temptation to fall for a friendly-sounding voice and a tempting financial offer. They are not requesting that you be polite. Studies indicate that when an injured party believes they have received an apology, they are more likely to resolve their claim for less than they are entitled to.

The claims adjuster may also "check in" with you. She may express an interest in your condition following the collision. The optimal response is not at all Even if you say, "I'm fine," it can be used against you in court. By informing the adjuster that you are "fine" or "good," you indicate that you are uninjured.

Even if you believe that you are doing well, keep it to yourself. You don't want to lie, but you want to protect yourself in case you develop symptoms of an injury later on, which does occur. After accepting an insurance settlement offer, it is impossible to change your mind. You may incur more injuries or expenses than you initially anticipated, and your expenses may be higher than anticipated. However, once you have signed the settlement agreement, the remainder is up to you. Consult with your attorney prior to accepting any settlement offer from an insurer.

How Insurance for a Truck Accident Works

Just like you do for your own car insurance, the trucking company pays a premium to its insurer. And, just like your insurance, the rates go up when the trucking company is to blame for an accident.

No matter how much they make in premiums, the insurance company has to pay out claims. Because trucking accidents are usually worse than car accidents, these insurance claims can add up to a lot of money.

Here are some things to keep in mind if you are confronted by the insurance company:

• The goal of the insurance company is to pay out the least amount possible for each claim. Since... Well, of course. Why should they spend more of their own money than they have to? Also, keep in mind that YOU are not their customer. The company that operates trucks is. The insurance company is also a business. To keep making money, it needs to settle for the least amount possible. By not paying out much, they can keep premiums low. By keeping rates low, they keep customers happy, which keeps them in business.
  
  
• The insurance adjuster has information that you don't have. They know the real value of your losses. They also have access to databases with information about how much people got paid for similar accidents and other information about the business.
  
  
• The insurance adjuster has been trained to get you to say certain things. Even a question like "How are you?" can be a trap. If you say "good," it could come back to hurt you later. Try to avoid small talk if they try to make it. If the adjuster asks you anything about the crash, even if the questions seem harmless, you should not answer them. They want you to say something that makes you more responsible and makes the trucking company less responsible. Remember that falling into this kind of trap doesn't mean you're naive or unintelligent. One reason is that you just got into an accident. Even if you feel fine, the emotional turmoil and worry of the event have probably left you a little bit shaken and you might not be thinking straight. Second, keep in mind that it's the adjuster's job to ask you these questions in a way that affects how you answer. They have scripts to follow and training that shows them how to do this.
  
  
• The insurance adjuster is trying to stay within the limits of what they can do with the deal. The insurance company has already figured out how much it thinks your case is worth. The adjuster is allowed to settle for up to a certain amount, which is probably a lot less than what your claim is really worth. The adjuster wants to settle for as little as possible of the claim value because that shows their boss how valuable they are. But you don't have to accept it, and you shouldn't.
  
  
• Some insurance companies will make the claims process take longer on purpose. The insurance company has made you an offer to settle. You declined. All of a sudden, no one is picking up the phone when you call. Your emails stay unanswered. There is information that is never dealt with. An insurance company might try to let your statute of limitations run out, which is unfair and sometimes even against the law. The amount of time you have to file a case is called the statute of limitations. Depending on the state you live in, it could be different. If an insurance company drags its feet for too long, you might not be able to go to court.
  
  
• If you don't want to, don't use the service companies they suggest. The insurance company might require you to get a quote from a certain body shop, but that doesn't mean you have to have the work done there. The body shop can give the insurance company an estimate of how much it will cost to fix your car. The insurance company will use that number to come to a deal, but the money will go to you, not the body shop. You can pick any shop to fix your car. The service providers that your insurance company tells you to use might not give you the best services at the best prices.

How do I Work With my own Insurance Company and Do I Need to Hire a Personal Injury Lawyer?

At least two insurance companies will be involved in the claim process. There can be more than one person hurt in a truck accident. No matter who is involved on the trucking company side, your insurance company is also going to be involved. Even though your insurance company is an important part of the process, remember that your insurance adjuster is not your lawyer.

Your insurance company is looking out for itself, not you. The goal is to pay out as little as possible on each claim because each payment costs the company money. If you are at fault in any way, that changes how it talks with the other insurance company.

Your insurance adjuster might be talking to the other insurance companies, but that doesn't mean he or she is on your side. So, if your own insurance company gives you a settlement offer from the other insurance company or offers to pay your claim, you still need a personal injury lawyer to look over the amount.

Your lawyer is the only person you can count on to stand up for YOU in a difficult case with a lot of insurance companies. Your lawyer will try to limit how much you have to pay, handle contact, negotiate, and work with insurance companies to get you the best settlement possible.

Your lawyer, like the insurance company, knows how much your case is really worth. Your lawyer is aware of the tricks that insurance adjusters use to get you to accept a lowball offer. They know exactly how long you have to file a lawsuit.

How Our Legal Team of Truck Accident Lawyers at Brandon J. Broderick Can Help You

Immediately after a NY truck accident, insurance adjusters and the transportation company's attorneys arrive on the scene. They seek to protect the insurance and transportation companies' interests, so you'll need expert legal counsel immediately following the accident. We provide you with everything that you will need to know to face the inevitable and provide you with the counsel you need so that you can get the compensation that you need and deserve.

When you retain our New York truck accident attorneys, we prioritize ensuring that you receive the support you need immediately so you can concentrate on recovering and the healing process. Brandon J. Broderick has decades of experience negotiating with insurance companies, transportation companies, and other liable parties. We serve the New York City metropolitan area and the entire state of New York, and we have multiple locations for your convenience. Contact us as soon as possible for a free consultation so that we can help you move forward.