For truckers and fleet owners, being involved in an accident is stressful enough. And, sometimes a claim can turn into a lawsuit. A lawsuit can occur when someone claims serious injury, there is significant property damage, liability is disputed, and/or medical costs or lost wages are substantial.
Unfortunately, trucking companies are often targets of lawsuits and, sometimes, fraudulent claims. People are looking for someone to blame with deeper pockets and good insurance coverage. These lawsuits involve million-dollar campaigns by trial lawyers targeting trucking companies and independent drivers, an aggressive plaintiff’s bar, third-party investor funding for legal costs, and a legal system that renders huge awards.
When a lawsuit occurs, the most important thing to remember is that you are not alone. Your insurance company and the attorneys they appoint are there to defend you. It’s important to cooperate fully with your insurer and its legal team. Providing the information it needs and working closely with the attorneys assigned to your case can make a major difference in how the situation is resolved.
Your Insurance Company Is Your First Line of Defense
When a lawsuit is filed, your insurance company will typically appoint defense attorneys who specialize in transportation and liability cases. These attorneys represent your interests and work to defend the claim. Your Trucking Liability policy is designed to protect you not only by paying covered damages but also by providing legal defense.
Once a lawsuit is filed, your insurer will:
- Assign defense counsel
- Investigate the claim further
- Gather evidence and documentation
- Manage negotiations and possible settlement discussions
- Represent you in court if necessary
Provide the Information Your Insurer Needs
The defense team relies heavily on the information you provide. The more complete and accurate that information is, the stronger your defense can be. You may be asked to provide:
- Accident reports
- Driver logs or ELD data
- Maintenance and inspection records
- Photographs or dash cam footage
- Statements about what occurred
- Communication with the other parties involved
You may also be asked to provide additional details about the accident, review documents, participate in depositions, and help clarify timelines or events leading up to the accident.
It’s important to be honest, cooperative, and responsive. The better they understand the situation, the better your attorney can defend your case.
Avoid Common Mistakes During a Lawsuit
When a lawsuit is underway, certain actions can worsen the situation. Truckers should avoid:
- Discussing the accident publicly or on social media
- Contacting the other party involved in the lawsuit
- Ignoring requests from attorneys or adjusters
- Providing statements without consulting the defense team
Direct all questions or communications through your insurance carrier or the assigned attorney.
Stay in Communication with Your Agent
While your insurer and defense attorney handle the legal side, your insurance agent can still be a valuable resource. Agents can help explain the process, answer questions about your coverage, and make sure communication between you and the carrier stays on track.
About Western Truck
Western Truck Insurance Services is an insurance brokerage specializing in commercial truck insurance. We know this stuff and want to ensure you do, too. We assist owner-operators and truck fleets in obtaining quality, affordable truck insurance, including Commercial Auto/Truck Liability and Physical Damage coverages. We partner with several specialty trucking insurance companies to give you more options and better rates.
Our clients appreciate our dedication to finding competitive rates and providing unparalleled service, complemented by excellent insurance options. They also value our state-of-the-art automation, which provides lightning-fast truck insurance quotes, customer service, insurance certificates, and coverage changes. Contact us today at (800) 937-8785 to learn more.