When a commercial truck hits your vehicle, the results are often catastrophic. Unlike a minor car accident, the injuries are usually severe, and the insurance limits are very high.
Because of this, the stakes are enormous for the insurer. The company’s only goal is to pay you as little as possible for your accident, and you must understand their game plan.
Quick, lowball offers
The insurance adjuster will likely call you almost immediately after the crash. They often offer a settlement very quickly. This initial offer is almost always a fraction of your real claim value.
Remember, they make this proposal before a doctor comprehensively assesses all your injuries. Accepting that quick check means you waive all your future rights, potentially leaving you without adequate compensation for the long-term care you need.
Using your own words against you
Adjusters try hard to get you to give a recorded statement. They try to find any way to reduce compensation. They may even try to trick you into admitting partial fault for the accident, including:
- Accidentally contradicting facts about the crash
- Downplaying your symptoms while you are still recovering
- Using any admission of fault to slash your settlement
Oklahoma uses a modified comparative negligence rule (the 51% rule). If the adjuster can prove you were partly to blame, they can reduce your payment proportionally to your fault, but if a court determines your fault to be 51% or more, you cannot recover anything.
You are not legally required to provide a statement to the other driver’s insurance company, and it is strongly advised to direct all communication from the opposing party’s adjuster to your attorney. However, you may have a contractual duty to cooperate with your own insurance carrier for specific claims (such as uninsured motorist or PIP claims).
Shifting blame and delay tactics
Trucking insurers use two common strategies to avoid full liability: shifting blame and delaying the claim. They may accuse you of speeding or distracted driving. They might even claim your injuries are preexisting, not caused by the crash.
Sometimes, they delay the process, hoping financial pressure will force you to give up and accept a low offer. While insurance companies often use these tactics, Oklahoma law imposes a duty of good faith and fair dealing. If the delay is unreasonable or without a legitimate basis, it may expose the insurer to a separate “bad faith” tort claim that can result in damages beyond the original claim amount.
Level the playing field
These tactics, rushing you, twisting your words and delaying your claim, are standard operating procedure for large insurance companies. They are in business to make money, not to help you recover.
You must take steps to protect your rights and your future well-being, including seeking guidance from a skilled attorney. An experienced truck accident lawyer can successfully counter these aggressive corporate strategies and safeguard your rights to compensation.
