Filing an Aurora truck accident claim after being injured by someone’s negligence isn’t as easy as you might think. You’ll need to figure out what steps to take, what evidence to collect, and how to submit your claim to make sure you get compensated for your injuries and losses. Understanding these steps is an important part of the process. Here’s what you need to know.
Call 911 and File a Police Report
After a collision, your first move should be to call 911. This is true even if you don’t think it’s “that serious” or feel that injured. You always want the police to show up to create an accident report so that there’s a record of what happened. If you file an insurance claim, the insurance company may want to see the police report.
These reports can also be helpful because police officers often include whether anyone was given a traffic citation, which can help your case. The police report may also include any witnesses who saw the accident, which can be helpful in the future as well.
Notify Your Own Insurance Company
Contact your own car insurance provider soon after the accident. Even if you weren’t at fault, most Colorado policies require policyholders to report accidents quickly. Provide only basic facts for now, like time, place, vehicles, injuries, and parties involved, without making statements about blame or apologizing. Anything you say could potentially be used against you in an insurance claim, so just be careful about your statements.
Gather Evidence
Having strong evidence always helps your claim. You can’t just claim someone else caused the accident. Make sure you collect everything possible after the incident, like photos of the accident and the scene, damage to your vehicle, injuries you suffered, skid marks on the road, road signs and traffic signals, and the license plates and DOT number of the truck. Also collect name and contact information from any witnesses who are on the scene.
Determine Who May Be Liable
Truck accident liability can get complicated. Liability doesn’t just fall on the truck driver; the trucking company, truck owner, parts manufacturer, maintenance provider, and even government agencies could be responsible for the accident and your injuries. The best way to do this is to review the evidence.
Calculate Your Damages
Figure out the total harm caused by the crash. Consider costs for hospital care, follow-ups, therapy, lost wages, car repairs, funeral costs (if it’s a fatal crash) and even pain and suffering. Saving every bill, prescription record, and estimate helps make your case convincing.
File an Insurance Claim
Complete a formal insurance claim with both your and the at-fault party’s insurance providers. You want to explain what you think you are entitled to and why. Don’t feel pressured to accept their initial settlement offer.
Negotiate a Settlement Offer
Expect the first insurance settlement offer to be lower than your real damages. Insurance adjusters often try to get you to agree quickly, hoping you’ll accept while you’re stressed or still recovering. Identify what a fair offer truly is, don’t settle out of frustration, and be ready for back-and-forth negotiation. This step may take several conversations, the exchange of medical or accident evidence, and patience on your side.
File a Lawsuit if Necessary
If you’re unable to negotiate a fair settlement amount, you may need to move forward and file a lawsuit in court against the at-fault driver or company. In court, your lawyer presents evidence of who caused the accident and why they believe you are entitled to compensation. Lawsuits often bring stronger settlement offers, but sometimes go all the way to trial.
Always Speak With an Aurora Truck Accident Lawyer
Truck accident cases can be complex, especially when commercial insurers fight hard to minimize payouts. Working with Ridder Law early means your case is prepared properly from the start. You never have to handle the situation on your own.
Following these steps gives you a chance of filing a successful claim that can help you recover and get your life back on track. Contact us today to schedule a free consultation with an Aurora truck accident lawyer at (303) 529-9662.