What To Do If Your Big Rig Accident Claim Was Denied

When an insurance claim is denied, you have the right to appeal the decision. The procedure starts with obtaining a denial letter from the insurance company. This letter should include the steps for submitting an appeal, as well as the name of the claims adjuster or point of contact.

First, notify the insurer that you intend to appeal the denial. You can usually handle this on your own, but a big rig accident lawyer can assist you while you focus on your physical rehabilitation.

Truck-versus-Car Accidents Are Different

When a big rig or commercial truck collides with a conventional passenger vehicle, the results are drastically different. Because of the size difference, everything in a truck-related crash can multiply. 

When loaded, a truck can weigh up to 80,000 pounds, according to the Federal Highway Administration. The disparity is staggering, with passenger automobiles weighing anywhere from 2,500 to 9,000 pounds. This distinction implies that most truck-car collisions will result in more serious injuries, such as:

- Amputation;

- Paralysis;

- Internal injuries;

- Spinal cord damage;

- Traumatic brain injury (TBI).

Truck accidents might result in catastrophic injuries, which may allow you to file a third-party liability claim. A lawyer can advise you on the best course of action for your specific case.

Additional Liability Parties in a Truck Accident

Determining liability, or responsibility, in a tractor-trailer accident is also more difficult than in a conventional passenger car accident. Although a truck driver may be at least partially responsible for the crash, other factors may indicate that some of the following entities are also liable:

- The trucking firm or truck owners;

- Maintenance workers;

- Maintenance contractors;

- Cargo loading personnel or contractors;

- Parts and equipment makers;

- Inspectors charged with safety.

The FMCSA publishes further rules and regulations for vehicles and drivers in the US Code of Federal Regulations (CFR). These restrictions limit driving hours, establish logbook requirements, mandate rest breaks, and other safety-related rules. 

Reading & Understanding Denial Letter

When you receive a letter denying a claim, it should provide the following in straightforward language:

- The reasons behind the denial;

- What can you do next;

- Steps to appeal the denial of your claim;

- Contact information for the adjuster or agent for your claim;

- Claim or reference number to include in your appeal.

Ensure that you comprehend everything in the denial letter. While working on the appeal, verify the reason for denial with the claims adjuster. Avoid providing unnecessary information; instead, respond to pertinent questions with short, clear answers.

Some Reasons Why Your Claim May Be Denied

Examine and understand why your claim was denied. Examples of common reasons may include:

- You can be partially to fault for the accident;

- There was no medical documentation in your original filing;

- There's no injury diagnosis;

- The claim exceeded the coverage limits;

- Specific exclusions in your policy prohibit the claim;

- The time limit for filing expired before your submission.

In many circumstances, the cause for a claim's denial can be easily corrected by supplying the required evidence or verifying the missing information. In more complex circumstances, talking with an insurance claims attorney might be beneficial.

Understanding "Bad Faith" Denials and How They Can Affect Your Claim

An insurance company may deny a claim for an invalid cause. This is uncommon, but the insurance company may hope you become frustrated and give up on your claim. If an insurance company acts unfairly, you have the right to seek compensation. Some indications of a poor faith transaction may include:

- The adjuster or agent is failing to return your calls;

- Unreasonable delay in responding to requests;

- Neglecting details, resulting in many attempts to obtain information;

- Providing incorrect information about the provisions of your policy;

- Refusing coverage without a legitimate reason;

- Losing the documents filed with your claim.

If an insurance company engages in bad faith practices, you can seek legal recourse to hold them accountable, and a lawyer can assist.