Should I Speak To The Trucking Company After A Truck Accident In Virginia?
Key Highlights:
- Note that by calling or speaking to the trucking company after a truck accident in Virginia, you are helping them build their defense.
- You, as the victim of the accident, are under no obligation to provide a statement to the insurance adjusters regarding the accident that happened.
- A signed settlement agreement is almost always the end of your claim.
- In Virginia, even saying one wrong thing or providing some harmless detail can put fault on you, and according to Virginia’s contributory negligence rule, even being 1% at fault can bar you from receiving anything.
In the simplest terms, you should be very careful speaking to the trucking company after a truck accident in VA. All you need to do is give the trucking company basic information and cooperate with them, but you also do not have to give an elaborate account of everything that has happened, nor give any personal opinions.
Since the company is trying to decrease your claim using any means possible, including your recorded statement, having an experienced lawyer by your side is a necessity.
Protect your claim from day one. The team of Virginia truck accident lawyers at Tatum & Atkinson Law Firm will help you to deal with all communications regarding the accident.
Contact us today at (800) 529-0804.
Who Reaches Out, and Why They Call So Fast
When a large truck carrier is involved in an incident, the trucking company will consider this event as a claim from the very beginning, and thus, the sooner the communication takes place, the sooner they can shape any records.
The caller on the phone may not be the same person you expect; calls may come from different parties, each with different motives:
- The chosen representative from the company calls from the perspective of someone who is concerned about you.
- One may receive a call from the representative of an insurance company, who is assigned to ensure that you are paid as little as possible.
- A third-party claims administrator has been hired to manage the situation in a neutral manner.
- A fact investigator who is collecting evidence for the purpose of undermining your truck accident claim.
No matter how friendly they sound, all those people work against your interests.
What to Know About Speaking to the Trucking Company After a Truck Accident in VA
At the site of the accident, you have to share basic details with cooperate with law enforcement and inform your insurance about the accident. However, you are not obliged to provide a recorded statement or tell the other insurance company how the accident happened.
Giving a recorded statement locks your words in before you fully understand the extent of the injuries, and these statements can be used against you months later during the claim process.
The Topics Where People Get Hurt
In every kind of discussion involved one must not forget to be careful in discussing issues such as:
- Fault – Using casual phrases like “I didn’t see him coming” could signify that one is already guilty of some sort of fault.
- Injuries – Stating a reassuring statement to the insurance adjuster, such as, “I think I’m alright,” before getting examined can devalue your claim, as they will use this statement to say that your injuries weren’t as serious.
- Treatment – minimal facts can be used to argue that you were not injured.
- Damage – talking about your car and exiting could cause you to end up with a settlement that is less than optimal.
- Pre-existing condition – an old injury is used to explain a recent cause of injury.
This has nothing to do with being deceitful but is focused simply on avoiding assumptions or words that could be taken out of context.
Documents, Signatures, and Keeping Your Own Record
You need to be careful before signing any form that you have received. The blanket medical authorization will make it possible for the company to see your complete medical records. When you sign a settlement check or release, you usually end your claim for good, without knowing how much it has cost you. To ensure such things don’t happen, you need to remember every detail of the conversations you had, such as who called, when they called, and what was said.
Why This Matters So Much in Virginia
The law maintains a principle of pure contributory negligence whereby one can lose the recovery completely from even being regarded as being merely 1% at fault.
By having an attorney, you will benefit from their fighting on your behalf and negotiating with the claims adjuster, enabling you to keep a record of the proceedings, verifying the compensation amount against the real value of the claim, and helping you negotiate from a stronger position.
Meanwhile, the two-year deadline imposed by Va. Code § 8.01-243 remains within the attorneys’ view.
Let Tatum & Atkinson Handle the Trucking Company for You
When speaking to the trucking company after a truck accident in VA while you are recovering from your injuries, it is best to allow a professional to handle the negotiations with the trucking company.
At Tatum & Atkinson, our trucking accident attorneys are able to help you with this from Cedar Bluff, Virginia. Jon Ward will provide the necessary direction in Virginia cases. “The Heavy Hitters” will communicate with the insurance companies on your behalf, create significant data, and fight for a fair settlement.
You can call us at (800) 529-0804 and get a free consultation. You only need to pay for our services if you win the case. If the trucking company has already contacted you, then contact us before replying.
FAQs: Should I Speak To The Trucking Company After A Truck Accident In Virginia?
Do I have to give the trucking company’s insurer a recorded statement?
You are not obligated to provide a recorded statement to the trucking company or its insurance agency, and you should refuse and consult with an experienced Virginia personal injury lawyer first. However, you might need to engage with your own insurance because some provisions within it imply your cooperation with your insurance agency.
What should I do if the trucking company calls me?
Make it short. State only the relevant facts, not the fault, injuries, or details of the accident. Be sure to take down the name, company, and contact details of whoever called.
The adjuster was friendly and offered a quick settlement. Should I take it?
When it comes to early settlements, one must be careful not to agree to the compensation too soon, as it almost always leads to giving up one’s future claims. Before signing anything, make sure the settlement offer is inspected by an attorney.
Can what I say to the trucking company really affect my case?
In the contributory negligence system in Virginia, it is even possible for minor negligence to obstruct the claim. Innocent comments about the circumstances, like the visibility or speed of cars, might result in claim disposals.
What does it cost to hire a Virginia truck accident lawyer?
You don’t pay upfront in such cases, as there is simply no need for payment until recovery happens, and the initial consultation is provided for free. Early lawyer intervention enables the trucking company, with its insurance company, to process the claim through the lawyer.
