Before pursuing a truck accident claim, click here to learn more about how insurance companies work to deny claims and force your claim into litigation.

Factors Insurance Companies Will Consider in Taking a Truck Injury Claim to Trial

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When you decide to pursue a truck accident injury claim, you must be prepared for the possibility of it going into litigation. When a claim is denied by the defendant, the victim has the option to file a lawsuit and make the courts decide on a proper settlement. Insurance companies have several ways of justifying denials and deliberately creating the need for litigation, all of which you must consider to secure a favorable settlement.

A Weak Claim Can Lead to Court

A reason that many injury claims go to court is that the insurance company doesn’t believe the injuries caused by the collision were as serious as you claimed. Insurance companies will gather as much information as possible to support their suspicions and weigh the potential effects of settling out of court versus going to trial.  

Factors that insurance companies look for when questioning the validity of a claim include:

  • Statement consistency. Do your explanations and recollections of the accident remain consistent throughout the proceedings? How do they change?
  • Evidentiary proof. Do you have substantial evidence that can legitimately show that the defendant was negligent or was driving recklessly? Is the evidence admissible in court? Is the evidence compelling enough to persuade a judge or jury?
  • Professional witness testimony. Will your doctor’s testimony corroborate your injury statements? Does his professional opinion on how your injuries could have occurred correspond with the facts of the accident? Does the responding officer’s testimony of the accident scene reflect your testimony of events?         
  • Injury and lifestyle coherence. Can the severity of the injuries you claim be seen in your actions? Do your Facebook posts show that you are not seriously injured? Does an Instagram photo show that you are not truly disabled by your injuries?

Depending on how these factors are handled and how effective these questions are at casting doubt on a claim, an insurance company may decide that their chances in court are better than settling out of court. What does this mean for you? It means that your injury claim will go into litigation, and you’ll need additional help and resources to prove your case.

Legal Help With Your Court Case

If you’ve recently been injured in a car or truck accident and need help with your injury claim, contact us today. Our knowledge and eagerness to fight for you will help to prove why securing an experienced lawyer is the first step to getting the settlement you deserve. Fill out the convenient contact form provided to schedule your FREE, no-obligation case review. We’re waiting to help you.

Category: Truck and Bus Accidents


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