No, you should not talk to the truck company’s insurance without a lawyer present. Insurance adjusters work for the trucking company, not you. Their job is to pay as little as possible for your claim. Even friendly questions can be used against you later.
This article will explain why talking to truck insurance companies can hurt your case. You’ll learn what adjusters really want, common tricks they use, and how to protect yourself after a truck accident.
Why You Shouldn’t Talk to Truck Insurance Companies
They Don’t Work for You
The insurance adjuster knows things you don’t. They know how much your injuries are actually worth. They also have access to databases with comparables (which is information about payout amounts for similar accidents) and other industry information.
Insurance companies have one goal: make money. They do this by paying out less money on claims. The adjuster calling you works for the trucking company that hit you. They want to protect their employer’s profits.
Think of it this way: you wouldn’t ask your worst enemy for advice about beating them in court. The insurance company is not your friend, even if they sound nice on the phone.
Even Simple Questions Can Hurt Your Case
Insurance adjusters are trained to ask questions that sound harmless. It can be as innocent-sounding as “How are you?” and if you say “good,” that could work against you later.
Here are common “innocent” questions that can damage your claim:
- “How are you feeling today?”
- “Are you able to work?”
- “Can you tell me what happened?”
- “Do you remember everything about the accident?”
If you say you’re feeling “fine” or “good,” the insurance company might use this to argue your injuries aren’t serious. Even saying you don’t remember everything can be twisted to question your version of events.
They Have Scripts and Training
The insurance adjuster is trained to elicit certain responses from you. Insurance companies spend thousands of dollars training their adjusters to get information that helps their case, not yours.
They know exactly what questions to ask and how to ask them. You, on the other hand, are probably still dealing with pain, stress, and worry about medical bills. It’s not a fair fight.
What Insurance Adjusters Really Want
To Get You to Accept Blame
One of the biggest things adjusters want is to get you to accept some blame for the accident. If the adjuster asks anything about the accident, you should definitely decline to answer those questions, even if they seem harmless. They want you to say something that puts more liability on you and takes it away from the trucking company.
Even saying something like “I should have been paying more attention” can be used to reduce how much you can recover. In many states, if you’re found to be partially at fault, your settlement gets reduced by your percentage of blame.
To Minimize Your Injuries
Insurance companies want to pay as little as possible. They’ll look for any reason to say your injuries aren’t as bad as you claim. This includes:
- Getting you to say you feel “okay”
- Rushing you to settle before you know how bad your injuries are
- Requesting all your medical records to find pre-existing conditions
- Having you followed by private investigators
To Get a Recorded Statement
Many adjusters will ask for a recorded statement “for their files.” This is a trap. A documented or recorded statement is meant to lock you in a specific version of stories, including the severity of your property damage and personal injury.
Once you give a recorded statement, you’re stuck with what you said. If you later remember something different or your injuries get worse, the insurance company will use your earlier statement against you.
Common Insurance Company Tricks
The “Apology Program”
Many insurance companies will use an apology program, which is a specific set of guidelines used to train adjusters to “apologize” to an accident victim as a way of avoiding claims or convincing you to settle for less than your claim is worth.
Don’t be fooled by fake sympathy. The adjuster may sound genuinely sorry about your accident, but they’re following a script designed to lower your guard.
Quick Settlement Offers
Insurance companies often make quick, low settlement offers right after an accident. The insurance company hopes you’ll accept the first offer because it’s almost always lower than what your case is worth.
They know you’re worried about medical bills and lost wages. They’re counting on you to take their offer before you understand the full extent of your injuries and losses.
Requesting All Your Medical Records
Adjusters might ask for all your medical records, claiming they need them to process your claim. While this request might seem reasonable, adjusters can use your full medical records to look for pre-existing conditions that could damage your claim.
You should only provide medical records related to your truck accident injuries, not your entire medical history.
Your Rights After a Truck Accident
You Don’t Have to Talk to Them
You’re typically under no legal obligation to talk to the other driver’s car insurance company. This includes truck insurance companies. You can simply tell them:
- “I’m not discussing the accident details”
- “Please contact my attorney”
- “I’m still receiving medical treatment”
- “I’m not accepting any settlement offers at this time”
You Can Direct Them to Your Lawyer
The best response when a truck insurance company calls is to tell them to contact your attorney. This protects you from saying something that could hurt your case.
You Have Time to Make Decisions
Don’t let insurance companies pressure you into making quick decisions. In most states, you have at least two years to file a lawsuit after a truck accident. Use this time to:
- Get proper medical treatment
- Understand the full extent of your injuries
- Consult with a truck accident attorney
- Gather evidence about what really happened
When You Might Need to Talk to Insurance
Your Own Insurance Company
You do have a duty to cooperate with your own insurance company. With your own insurance, you have a duty to cooperate with their investigation. However, you should still be careful about what you say and consider having a lawyer help you.
If You’re Making a Direct Claim
If you’re making a claim directly with the at-fault driver’s insurance company, you’ll need to provide some level of cooperation in order to get a fair result. Even in this situation, it’s best to have a lawyer help you communicate with the insurance company.
Only With Legal Help
You should 100% have your personal injury attorney on the speakerphone with you are his/her office, and speak to the other driver’s insurer. Never talk to truck insurance companies alone, even if you think you need to communicate with them.
How Much Truck Accidents Are Really Worth
Average Settlement Amounts
Truck accidents result in much higher settlements than regular car accidents. According to SupplyChainBrain, the average truck accident settlement amount from 2015 to 2023 was $73,109. By contrast, Coverwhale, a truck accident insurer, reports that the average settlement involving semi-trucks is $185,000 to $650,000.
However, these are just averages. Your case could be worth much more, especially if you have serious injuries.
Why Truck Cases Are Worth More
Several factors make truck accident cases more valuable:
- Trucks cause more severe injuries due to their size and weight
- The Federal Motor Carrier Safety Administration requires most trucking companies to carry $750,000 to $5 million in coverage depending on the type of cargo being transported.
- Federal regulations create more opportunities to prove negligence
- Trucking companies have deeper pockets than individual drivers
What Affects Your Settlement Amount
The value of your truck accident case depends on:
- How badly you were injured
- How much the accident has affected your life
- Whether you can work
- How much medical treatment you need
- Who was at fault for the accident
- The truck driver’s and company’s actions
The Dangers of Going It Alone
Insurance Companies Fight Harder
But it’s important to understand that, while truck accident settlements can be very high, insurance companies fight these claims aggressively. Without an experienced truck accident lawyer at your side, you may struggle to recover anything at all.
Trucking companies know they face big payouts in accident cases. They’ll use every trick in the book to avoid paying what they owe.
You Don’t Know What You Don’t Know
Truck accident cases are complex. There are federal regulations, multiple insurance policies, and often multiple parties who might be responsible. Winning a complex truck accident case can require years of hard work. We may need to pour through thousands of pages of legal regulations, company policy documents, logbooks, records, and more.
The Insurance Company Won’t Do This Work for You
The insurance company is not going to do this work for you. And they aren’t going to give you a fair settlement offer unless they know you have the goods to defeat them at trial.
Insurance companies only make fair offers when they know you can beat them in court. Without a lawyer, they have no reason to offer you what your case is really worth.
How a Lawyer Protects Your Rights
Handles All Communication
When you hire a Denver truck accident lawyer, they take over all communication with insurance companies. This means:
- No more stressful phone calls from adjusters
- No risk of saying something that hurts your case
- Professional handling of all negotiations
- Protection from insurance company tricks
Knows What Your Case Is Worth
Your lawyer will try to minimize your liability, manage the communication, conduct negotiations, and work with insurers to get the highest possible settlement for you. And like the insurance company, your lawyer knows what your case is actually worth.
An experienced attorney understands how to calculate all your damages, including:
- Current and future medical bills
- Lost wages and reduced earning capacity
- Pain and suffering
- Impact on your quality of life
Investigates the Accident Properly
Truck accident cases require thorough investigation. A good Denver personal injury lawyer will:
- Get the truck’s black box data
- Review the driver’s logbooks
- Check for federal regulation violations
- Interview witnesses
- Work with accident reconstruction experts
- Examine the trucking company’s safety record
What to Do If Insurance Calls You
Stay Calm and Be Polite
You don’t have to be rude to protect your rights. Simply tell the adjuster:
“I appreciate you calling, but I won’t be discussing my accident without my attorney present. Please have your company contact my lawyer directly.”
Get Their Information
Ask for:
- The adjuster’s name
- The insurance company name
- A phone number
- The claim number
This information will be helpful for your attorney.
Don’t Answer Questions
No matter how innocent the questions seem, politely decline to answer. Common responses include:
- “I’m still receiving medical treatment”
- “I need to speak with my attorney first”
- “I’m not ready to discuss the accident details”
Call Your Attorney Immediately
Contact your lawyer right away to let them know the insurance company called. They can contact the insurance company and handle all future communication.
Red Flags to Watch For
Pressure to Settle Quickly
Insurance companies often try to get you to settle before you understand your injuries. Be suspicious if they:
- Say their offer is only good for a limited time
- Claim you need to decide “today”
- Suggest you don’t need a lawyer
- Say their offer is “fair” without explaining how they calculated it
Requests for Excessive Information
Be wary if adjusters ask for:
- Your entire medical history
- Social Security information
- Tax returns
- Employment records going back years
They only need information related to your truck accident injuries and losses.
“Friendly” Calls to “Check In”
Some adjusters will call regularly to “see how you’re doing.” These aren’t friendly calls – they’re fishing for information they can use against you.
Special Considerations for Colorado Truck Accidents
Colorado’s Comparative Fault Law
Colorado follows a “modified comparative fault” system. This means if you’re partially at fault for the accident, your settlement is reduced by your percentage of blame. However, if you’re more than 50% at fault, you can’t recover anything.
This makes it even more important not to say anything that could be interpreted as accepting blame.
Federal Regulations Apply
Commercial trucks must follow federal regulations that regular cars don’t. These include:
- Hours of service rules for drivers
- Vehicle maintenance requirements
- Drug and alcohol testing
- Weight and cargo regulations
Violations of these rules can significantly strengthen your case.
Higher Insurance Requirements
Commercial trucks in Colorado must carry much higher insurance than regular cars. This means more money is available to compensate you for your injuries.
Taking Action After a Truck Accident
Get Medical Care First
Your health comes first. Get medical treatment even if you feel okay. Some injuries don’t show symptoms right away, and having medical records helps your case.
Document Everything
Take photos of:
- Vehicle damage
- The accident scene
- Your injuries
- Road conditions
- Traffic signs or signals
Contact a Lawyer Quickly
The sooner you contact a Colorado personal injury law firm, the better. Early involvement allows your attorney to:
- Preserve evidence before it’s lost
- Prevent you from making mistakes with insurance companies
- Start investigating while witnesses’ memories are fresh
- Ensure you get proper medical treatment
Don’t Sign Anything
Never sign documents from the insurance company without having a lawyer review them first. Once you sign a release, you typically can’t change your mind later.
Final Thoughts
Don’t talk to the truck company’s insurance without a lawyer. Insurance adjusters are trained professionals whose job is to pay you as little as possible. Even innocent conversations can seriously damage your case.
Truck accidents often result in serious injuries and complex legal issues. The average truck accident settlement ranges from $185,000 to $650,000, but your case could be worth much more depending on your specific circumstances.
The smart move is to contact an experienced truck accident attorney immediately after your crash. They’ll handle all communication with insurance companies, investigate your accident properly, and fight for the full compensation you deserve.
If you’ve been hurt in a truck accident in Colorado, don’t try to handle it alone. Contact CO Trial Lawyers for a free consultation. We’ll protect your rights and work to get you the maximum compensation possible while you focus on healing.
Remember: insurance companies are not on your side. Protect yourself by staying quiet and letting an experienced attorney do the talking.