Settling the Score: Navigating Truck Accident Settlements in Indianapolis

June 23, 2024, 9:15AM. By LAS Staff Writer

Given the complexity of truck accidents, it's best to get help from an experienced attorney

Santa Clara, CAIndiana is the ninth most dangerous state for truck drivers in the US, with 11.8% of truck accidents proving fatal. Unfortunately, this means many people must deal with unpleasant and lengthy processes for typical for truck accident claims. Indianapolis, as a busy metropolitan area, can experience many truck accidents. Here are some tips for Indianapolis-area drivers who find themselves going through this stressful process. 

When Should You File a Truck Accident Claim?

According to Indiana law, you have two years from the date of the accident to file a claim. However, since truck accidents often involve more serious injuries requiring medical care, and truck accidents also involve not just the truck driver but the trucking company, truck accidents tend to be more complex insurance cases. This means it’s best to file a claim sooner rather than later.

Who Can File a Truck Accident Claim?

All injured parties can file a truck accident claim. Claimants can also be the family of a loved one who was killed in a truck accident, in order to recover compensation.

Truck Accident Claim Negotiation Basics

Insurance companies generally try to reduce the damages, shift the blame onto victims, or drag out processes to pressure truck accident victims into accepting a lower offer. However, it is possible to receive justice if you follow some negotiation basics.

Preparation and Evidence

Your claim needs a solid foundation, so the insurance company has little wiggle room to convince you that things happened differently.

The first part of preparation will include gathering all evidence that you can, from police reports to medical bills and accident scene video footage. Document everything you can about the accident, from the timeline, to communications with insurers, other parties you've communicated with such as witnesses, and also your interations with the police Keep a record of your expenses as well. 

Knowing your Truck Accident Claim's Value

 

Assesing your damages will require knowing your tangible damages, such as medical expenses, therapy, lost income, and any damage to your car or other property. At the same time, you should be compensated for emotional distress. However, intangible damages are more difficult to quantify, and you’ll likely require legal help to seek compensation for such.

Remaining Patient

As we mentioned, insurers like to drag out claims--it's in their best interest to try to make claimants give in under pressure. Don’t let them. Wait until you reach maximum medical improvement to be able to assess your future medical expenses. In cases of disability, the statute of limitations is sometimes given an extension.

Communication

First off, never admit fault. Don’t even apologize after an accident, as that may also be considered an admission of fault. The second thing you need to know is to communicate in writing as much as possible so you have evidence of all correspondence. Finally, remain calm and concise, and never say more than you need to.

Strategy

Much of the process will feel like bargaining, which may upset you--for good reason. Don’t let the insurer see your anger, however justified it may be.

Expect a low first offer, and only accept it if you’ve thought long and hard about it. Otherwise, go with a counteroffer that’s supported by the evidence of damages that you’ve sustained. Stand your ground.

Legal Knowledge

You will need significant legal knowledge in order to negotiate on your own and receive a satisfactory offer. Read as much as you can about laws regarding truck accidents and insurance. Finally, if you do not feel your claim is being given appropriate compensation, mention that you will hire a lawyer to let the insurance company know you are not ready to settle the claim based on their offer.

Hiring a Specialized Attorney

In the end, its best to consider working with an experienced truck accident attorney, even if you think you cannot afford one. Many lawyers who specialize in these cases work on a contingency basis, so you may only pay them after you first are compensated for your losses. Compared to the offer you can get on your own, your compensation with a skilled lawyer will likely be higher even after legal fees are deducted. And last but not least, a lawyer can represent you in trial if the negotiations fail, and if they’re familiar with your case already, it will save valuable time. 

What Kind of Lawyer Do You Need?

Given the complexity of truck accidents, you need an experienced attorney who is familiar with local laws. Ideally, you would get an Indianapolis truck accident lawyer with good connections with experts, plenty of experience, excellent reviews, and recognition from other industry experts. Take your time to do your research and get legal help, as the statute of limitations isn’t as long as it seems if you’re recovering from an accident.