June 19, 2025 | Accidents

If you’ve ever been involved in a truck accident, you know how overwhelming the aftermath can be—dealing with car damage, medical bills, insurance companies, and the uncertainty of whether you’ll get fairly compensated. Truck accidents often come with complex legal and insurance processes, and understanding how claims work can make all the difference in maximizing your settlement.  In order to help make sense of all this, we have prepared an overview of the process, with tips that may help you win a larger settlement.  Our goal is to help you to take the right steps to protect your rights and secure the compensation you deserve.

Understanding the Basics: What Is a Truck Accident Claim?

When a truck accident occurs and you suffer damages—whether to your vehicle, your health, or both—you have the right to seek compensation from the at-fault party. Most truck accident settlements come from the other driver’s insurance company. However, before any money is paid out, a claim must be officially established with that insurance company. This claim gets its own unique claim number, which acts as a reference throughout the entire process.

There are two primary ways a claim is typically set up:

• The truck driver reports the accident to their insurance company. This is the most common scenario because truck drivers, especially those employed by trucking companies, usually report accidents to avoid jeopardizing their job.
• You or your lawyer report the claim to the truck driver’s insurance company. If the truck driver or company fails to report the claim, you or your attorney can take the initiative to notify the insurer.

Once the trucking company is aware of the accident, they usually report the claim to their insurance carrier. Because truck accidents often result in significant property damage and serious injuries, many trucking companies and their insurance providers have rapid response teams. These teams include specialized claim adjusters and experts who rush to the accident scene to preserve evidence and interview witnesses.

How a Truck Insurance Claim Is Set Up

To get a claim officially opened with the truck insurance company, they will need some basic information, including:

• Date of the accident
• The truck driver’s insurance policy number
• A brief description of how the accident happened

After that, the insurance company will ask if your vehicle was damaged and whether you were injured. This helps them assign the appropriate claims adjuster. For example, more experienced adjusters handle claims involving serious injuries such as surgeries or broken bones, whereas less severe claims might be handled by less specialized personnel.

Several critical steps must happen before you see a settlement:

1. Confirmation of insurance coverage: The insurance company must confirm that the truck driver was covered under an active insurance policy at the time of the accident. Just because the driver handed you or the police their insurance card doesn’t mean there is valid coverage. The policy must be current and paid for, and there cannot be any policy exclusions that would deny coverage. A common denial is when the truck driver wasn’t listed on the insurance policy.
2. Liability (fault) determination: The insurance adjuster will investigate who was at fault for the accident. They review the police crash report, interview the truck driver, you, and any witnesses, and may request a recorded statement from you.
3. Assessment of damages and injuries: The insurance company will gather your medical records, bills, and vehicle damage estimates to evaluate the extent of your losses.

Only after these steps will the insurance company decide whether to accept liability and offer a settlement.

How Liability Is Determined in Truck Accident Claims

Liability or fault is a cornerstone of any truck accident claim. The insurance adjuster assigned to your case will dig deep to determine who caused the accident. They typically:

• Review the official traffic crash report
• Interview the truck driver, you, and any witnesses
• Request a recorded statement from you (although you may not be required to provide one)

Here’s an important tip: Truck insurance adjusters often claim they cannot pay for your vehicle damage unless you give them a recorded statement. This is simply not true. You are under no legal obligation to provide a recorded statement. Once fault is assigned, the adjuster will allocate a percentage of fault to each party involved, which can range from 0% to 100% fault on the truck driver.

Medical Records, Bills, and the Settlement Reserve

The insurance company will want to see all your medical bills and records related to the accident. They will ask you to sign a medical authorization form that allows them to obtain your records directly from your healthcare providers. However, signing this authorization is also not mandatory.

After gathering medical information, the insurance company sets a settlement reserve. This reserve is basically the amount of money they set aside to pay your claim. It can range from zero dollars to a very large sum, depending on how severe your injuries are and how much medical treatment you have received.

The reserve is not static; it can increase or decrease as the adjuster receives more information. Your goal should be to get the insurance company to increase this reserve as quickly and as high as possible. To do that, either you or your lawyer should promptly provide medical records, bills, and allow inspections of your vehicle damage.

Delays in sending these documents to the insurance company often slow down the entire settlement process and can reduce the amount the insurance company is willing to pay.

The Complexities of Truck Insurance Companies

Truck insurance companies are large corporations with many layers of bureaucracy. The claims adjuster handling your case is often not the final decision-maker. If your injuries are significant, your claim might need approval from supervisors or even higher-ups, such as a vice president of claims.

Pro Tips for Handling Your Truck Accident Claim

• Don’t dump all your medical records and bills on the adjuster at once. This is a common mistake. Instead, provide information in stages. This approach keeps the insurance company engaged and responsive.
• Know how to calculate the settlement value of your case. Insurance adjusters have a range they are willing to settle within, but they rarely reveal this to you. If you don’t understand the value of your claim, you won’t know if an offer is fair—and you risk settling for less than you deserve.
• Don’t be pressured into giving a recorded statement. You are not required to do so, and you should consult with a lawyer before speaking to the insurance company.

Why You Need a Lawyer for Your Truck Accident Case

Truck accident claims are more complicated than typical car accident claims. The stakes are higher because the damages and injuries involved tend to be more severe, and the insurance companies are more aggressive. Having an experienced personal injury lawyer on your side can make a huge difference in the outcome of your case.

A good lawyer will:

• Help you navigate the claim process and avoid common pitfalls
• Negotiate with the insurance company to maximize your settlement
• Calculate a fair settlement value based on your injuries and damages
• Advise you on whether giving a recorded statement is in your best interest
• Ensure that your medical records and bills are submitted promptly to increase the settlement reserve
• Handle all communications with the insurance company, so you don’t have to
• Fight for your rights if the insurance company denies coverage or disputes liability

Common Questions About Truck Accident Claims

What happens if the truck driver is not covered by insurance?

If the truck driver is not listed on an active insurance policy or there is no coverage, you may have to explore other options such as uninsured motorist coverage on your own car insurance policy or suing the trucking company directly. An experienced attorney can help you understand the best course of action.

Am I required to give a recorded statement to the insurance company?

No, you are not legally required to give a recorded statement. Insurance adjusters may pressure you to do so, but it’s often better to consult a lawyer before providing any recorded statements to avoid inadvertently saying something that could hurt your claim.

How long does it take to settle a truck accident claim?

Settlement timelines vary widely depending on the complexity of the case, severity of injuries, and cooperation of the insurance company. Some cases settle within a few months, while others may take a year or more. Promptly providing medical records and cooperating with your lawyer can help speed up the process.

Can I get compensation for pain and suffering?

Yes. In addition to medical bills, lost wages, and property damage, you can seek compensation for pain and suffering, emotional distress, and loss of enjoyment of life. These damages are often a significant part of the settlement in serious truck accident cases.

How to Maximize Your Truck Accident Settlement

Maximizing your truck accident settlement requires a proactive approach. Here are some actionable steps to take:

1. Report the accident immediately. Whether through the truck driver, trucking company, or your lawyer, ensure the claim is set up quickly.
2. Document everything. Take photos of the accident scene, your injuries, and vehicle damage. Get contact information for witnesses.
3. Seek medical attention right away. Follow all medical advice and keep detailed records of your treatment.
4. Keep track of all expenses. This includes medical bills, repair estimates, lost wages, and any other costs related to the accident.
5. Work with an experienced truck accident lawyer. They can help gather evidence, negotiate with insurance adjusters, and advocate for your rights.
6. Don’t settle too early. Wait until your injuries and damages are fully known before accepting any settlement offer.

Final Thoughts

Truck accident claims can be intimidating, but understanding the process gives you a significant advantage.  You need to actively participate in the process by providing medical records, allowing vehicle inspections, and knowing your case’s value.

Insurance companies are businesses designed to minimize their payouts, particularly in truck accident cases where claims can reach into the hundreds of thousands of dollars. Having a skilled lawyer who knows the tricks and tactics used by trucking insurance adjusters can massively increase your odds of a fair and substantial settlement.

If you or a loved one has been seriously injured in a truck accident in Nebraska or Iowa, don’t hesitate to seek professional legal advice. The right attorney will fight for your rights and help you navigate this complex process with confidence.

For an experienced team of lawyers that will fight for you, contact High & Younes at 402-933-3345

Truck Accident Insurance Claims Overview