An Award
Winning Team!

What to Do on Your First Offer From the Insurance Company After a Truck Accident

What to Do on Your First Offer From the Insurance Company After a Truck Accident

You should deny the first offer from the insurance company after a truck accident if it does not fairly compensate you. Insurance companies often start with a settlement offer that is lower than you deserve. They are hoping you need money right now and will take anything you can get. Underpaying you allows them to save their company money.

A truck accident attorney could provide legal advice on when to accept the insurance company's offer. Before you accept an offer, you should consider the losses you suffered both financially and non-monetarily. In addition to providing legal advice, your attorney can guide you through the claims process to seek compensation for your losses.

Never Accept the First Settlement Offer From the Insurance Company Without Consulting a Truck Accident Lawyer

What to Do on Your First Offer From the Insurance Company After a Truck Accident

Hold off on accepting any settlement offers until you’ve spoken to a lawyer. An attorney can guide you on what to do in your specific case. In many cases, they will advise you to decline the first settlement offer. That offer rarely covers the damages you incurred in the crash.

If you decline the first offer, you may still seek compensation for your losses. However, once you accept a settlement, your case closes. Even if you later realize you suffered damages that your settlement did not cover, you likely can’t reopen your case and continue pursuing compensation. This is why you need confidence in a settlement offer before you accept it.


Identify Your Recoverable Damages Before Accepting an Offer From the Insurance Company After a Truck Accident

A lawyer needs to calculate your recoverable damages before you accept an offer from the insurance company after a truck accident. If you don't review your damages with a lawyer, you could miss out on collecting the compensation that you deserve. A truck accident attorney can inform you about which damages you could seek compensation for based on your case.

Truck accident injury victims could seek compensation for both monetary and non-monetary losses. Monetary losses, also known as economic damages, could compensate you for the actual financial losses you experienced because of your injuries. Non-monetary losses, also known as non-economic damages, compensate you for how your injuries will affect your life and ability to function daily.

Truck accident victims deserve fair compensation after suffering from injuries someone else caused, so account for all of your economic and non-economic losses before accepting an offer from the insurance company. 

Economic Damages

The economic damages you sustain represent the financial losses related to your injuries. In addition to the financial losses you have already sustained, you can also seek compensation for future losses.

Economic losses you could seek compensation for in a truck accident case include:

  • Medical expenses: Your medical expenses will make up a large portion of the compensation you seek in your case. It can cost you a lot of money out of pocket to treat your injuries. You shouldn't have to pay for your medical expenses when the negligence of someone else caused you to need medical care. Examples of medical expenses you could seek compensation for include doctor's bills, therapy costs, diagnostic tests, emergency services, or hospitalizations.
  • Lost income: Another damage that could take a financial toll on you includes lost income. You can seek compensation for any past, present, or future financial losses you endured because you couldn't work. In addition to lost income, you could seek compensation for lost earning capacity if you cannot return to work in the same role as you could before the accident.
  • Property damage: After a truck accident, your vehicle could sustain extensive damage. It's crucial to seek compensation for any damage that insurance didn't cover. Your phone, purse, car seats, and other property could have sustained damage in the accident. If this happened, you could seek compensation for these losses through your claim.
  • Other money you spent: When you sustain injuries, it's inevitable to have other costs come up. If you keep the receipts to prove that you paid for these other expenses, your attorney can help you seek compensation for these losses. Examples of other expenses you could incur include childcare costs, help with household chores, home healthcare nurses, hotel stays, and any medical equipment you need.

Keep documentation of the costs you incurred so you can prove to the opposing party that you deserve compensation.

Non-Economic Damages

You sustain non-economic damages when you have to deal with extreme physical and emotional pain because of your injuries. Also, if your injuries change your life and don't allow you to do things you could before, you could seek compensation. 

You may find it less stressful to calculate the cost of your non-economic damages when you work with an attorney. They know how to assign a monetary value to losses that do not come with receipts.

Examples of non-economic damages you could seek compensation for after a truck accident include:

  • Physical pain and suffering: Truck accidents can lead to painful injuries. If you experienced physical pain because of your accident, you can seek compensation for pain and suffering. 
  • Emotional distress: Because of the traumatic nature of truck accidents, you could develop negative psychological issues. If you do, you could seek compensation for those losses in your claim. 
  • Loss of enjoyment: Your injuries or emotional distress could impair your ability to enjoy your life. You may no longer participate in the activities you once enjoyed before the accident. Your attorney could include these damages in your demand for compensation.  

When you discuss your injuries with your attorney, they can identify the non-economic damages you incurred. In addition to identifying the non-economic damages, they can also collect evidence to prove you sustained them. Your attorney may want to speak with your mental health therapist or doctors and collect records of any medications you were prescribed. 

Wrongful Death Damages

If your loved one passed away in a truck accident, you may claim wrongful death damages.

Your family could receive compensation for: 

  • Loss of income: Your family could recover compensation for the income your loved one would have contributed to the household if they had lived. 
  • Medical expenses: Any medical bills your family paid related to your loved one’s fatal injury are compensable. 
  • Funeral and burial costs: You can seek compensation for the costs of your loved one’s final arrangements. 

When you work with a lawyer, they can explain which family members can seek wrongful death damages after a truck collision. 

Why You Shouldn’t Accept the Insurance Company’s First Offer After a Truck Accident

While the most obvious reason for not accepting the insurance company's first offer after a truck accident is because it's typically won’t cover all of your losses, you may want to declining the offer because:

  • Your injuries could worsen: Soon after the accident, you might think your injuries have started to get better. Over time, you could realize that they don't heal or that they get worse. If you accept an early offer, you don't have time to identify the extent of your injuries. This means that if your injuries worsen and you need more money, you won’t have a legal route to continue pursuing compensation. 
  • You cannot seek more compensation after accepting a settlement: Once you accept an offer from the insurance company, you cannot try to get more compensation later. The finality of accepting a settlement could impair your ability to get the compensation you need. Without consulting an attorney, you might not realize the actual value of your case. If you accept and realize later that you could have gotten more money, you lost your opportunity.

What Happens If You Decline the First Offer From the Insurance Company After a Truck Accident?

If you decline the first offer from the insurance company, your attorney can guide you through the claims process. During this process, you can attempt to settle outside of court. Although, if you cannot settle outside of court, you have the right to file a lawsuit against the insurance company.

 Once you hire an attorney, they can:

  • Conduct their own investigation of the accident. By having someone on your side conduct an independent investigation of the accident, they can collect evidence in your favor. This evidence can prove who caused the accident, so you can hold them accountable for causing your injuries. 
  • Advise you to continue seeking medical care. When you sustain injuries, they might require medical care. Even if you think you can treat your injuries at home, getting a proper medical diagnosis is important. That way, you have the documentation and proof you need to show that you sustained injuries in the accident. Also, you show the insurance company that you have done everything in your power to make the fullest injury recovery possible.
  • Speak to the insurance company for you. Having your attorney speak to the insurance company for you can provide you with many benefits. First, you don't have to take the time to talk to them. These conversations could take time, and you should focus on recovery. This also allows you to avoid saying something that could hurt your case. 
  • Calculate how much compensation you should seek. By having an experienced professional determine how much compensation to seek, you will know that you are seeking a reasonable amount. They can work hard to make sure that you don't overlook any of your recoverable damages. 
  • Send a demand letter to the insurance company. The demand letter will explain to the insurance company why you seek the amount of compensation you do. You can include evidence that you collected proving who caused the accident and that you sustained damages. After sending the demand letter, the insurance company can pay you what you're asking for or deny the request.
  • Negotiate with the insurance company. Insurance companies typically hire powerful negotiators. If you try to stand up to them on your own, you could get taken advantage of. By hiring a truck accident attorney who has experience negotiating with powerful attorneys, you don’t have to face the insurance company by yourself.
  • File a lawsuit against the insurance company. If negotiations fail to reach a fair outcome, your attorney can file a lawsuit on your behalf. During the lawsuit process, your attorneys can provide more information, speak to witnesses, and continue negotiating with the insurance company. If these continued negotiations do not lead to a settlement agreement, your case could go to trial.
  • Represent you in a trial. Going up against the insurance company in a trial requires careful planning and strong litigators. You may want to work with an attorney who has experience bringing these cases to court. 

Declining the first offer the insurance company makes after a truck accident could be in your best interest. Often, the first settlement offer does not reflect all the losses you suffered. Accepting a settlement means you agree not to seek further compensation regardless of what happens with your injuries.

Do not accept an offer until you know it will pay for all of your losses. By seeking legal guidance from a trusted personal injury attorney, you can feel more confident in your decision to accept or deny the initial offer.

Jennifer Gore-Cuthbert - Owner & Attorney

Attorney Jennifer Gore-Cuthbert was seriously injured in a collision and experienced firsthand dealing with uncooperative insurance companies. She knows what it is like to feel overwhelmed and under-educated about your rights after a collision. That is why she has dedicated this firm to fighting for accident victims and their loved ones. The goal of The Atlanta Personal Injury Law Group – Gore LLC is to provide you with excellent legal advice, based on our experience in representing injured automobile drivers and passengers from all across the State of Georgia.

Jennifer's Bio