How Do Commercial Insurance Policies Affect Truck Accident Cases?

Commercial truck policies are larger in dollar amount than standard insurance policies. Since the policies are large, insurance companies investigate related crashes with fervor. In other words, they will do their due diligence to ensure the facts of the case and the injuries involved.

Furthermore, litigation of a truck accident is a stronger possibility because there is usually a larger amount of compensation on the horizon. Remember, insurance companies want to minimize the scope of exposure. It is not unusual for an insurance company to deny liability and/or damages, even serious injuries. The only avenue then is to file a lawsuit and prove the case in the courts.

One of the big reasons to file a lawsuit is to find out the policy limits. In the claims stage the insurance company may not reveal the coverage amount. However, this information is discoverable once the case goes to litigation.

After a Lawsuit is Filed

Once you file a lawsuit, the power of discovery is in play. This means depositions of the drivers, witnesses, and persons-most-knowledgeable will soon follow. Attorneys will send interrogatories asking the basic: who, what, where, when and how of the collision. Requests for production of documents, things, photos, and videos can be a powerful tool. In addition, inspections of the vehicles usually only happen in litigation. Subpoenas for employment records, prior accidents, and any written policies regarding the truck may only happen once the case is in court.

Visuals showing how the accident happened will aid the insurance company in understanding the facts. For these purposes, videos and animations are effective tools.

Because the damages may be large and the commercial insurance policy is great attorneys must use different strategies and approaches. In a minimum passenger insurance policy, a legal strategy is limited because the policy is only $15,000. The cost to investigate may be too much. However, in a truck accident, there may be enough insurance coverage to justify spending money on a legal approach.

An experienced truck accident lawyer will understand how to work with commercial insurance policies and will make a strategy from pre-litigation to litigation to its conclusion with all the steps in between.