Attorneys
- Missouri Valley Truck Accident Injury Attorneys
- Phone: 641-792-3595
- Directions
A truck accident claim requires more than filing paperwork with an insurance company. Missouri Valley residents injured by a semi truck or another commercial vehicle need to understand how the claims process works, whether the insurance company can actually be trusted, and what an experienced attorney can do to make sure nothing is left on the table. The attorneys at Walker, Billingsley & Bair have spent years helping Iowans through exactly these situations, and this guide breaks down what every Missouri Valley truck accident victim should know.
What You Need to Know About Your Truck Accident Claim
Six things can help build the strength of a Missouri Valley truck accident claim, and six things can seriously damage it. Understanding both sides of this list before speaking with an insurance adjuster can protect your compensation from the very start.
Contact an Attorney Early
The sooner a lawyer is hired, the sooner they get familiar with the claim. Following that, the lawyer should have it ready to go to negotiations or trial for a fair outcome.
Report the Accident Promptly
If an accident goes unreported for too long, it may lose integrity. Iowa's statute of limitations only allows a lawsuit to be filed up to two years after a personal injury accident.
Collect Available Evidence
Take pictures of the accident, including injured victims, damaged property, and weather conditions. Make sure police were contacted to create a report, and obtain contact information for witnesses.
Seek Medical Attention
Even if you feel fine after the accident, get a checkup. Injuries like whiplash can take a few days to manifest, so be checked shortly after the accident.
Additional Practices That Protect Your Truck Accident Claim
- Keep records of communication, including a file for correspondence from the insurance company, healthcare providers, an employer, or any other entity related to the accident or treatment
- Follow doctors' orders, even if you are feeling better, continuing to follow all medication, physical therapy, and follow-up appointment instructions
Six Things That Can Damage a Missouri Valley Truck Accident Claim
| Action to Avoid | Why It Matters |
|---|---|
| Talking about the accident before speaking with an attorney | Insurance companies often try to get claimants to give a recorded statement immediately after reporting an accident, hoping to get victims to admit fault or suggest their damages were not as severe as they seem. |
| Destroying evidence related to the accident | Keep any damaged items, the clothing worn when the injury occurred, or the damaged vehicle. |
| Talking too much about the accident on social media | Insurance companies may see accounts and use postings as evidence in denying a claim. A status update saying you are feeling good could be used as evidence the injuries were not severe. |
| Delaying a doctor evaluation | Injuries like whiplash do not manifest immediately. A delay in getting an exam and diagnosis may prevent future injuries from being included in a claim. |
| Signing paperwork before attorney review | If the insurance company asks a claimant to sign a medical release, they may gain access to past medical history that could be used against the claim. |
| Accepting the first settlement offer | A personal injury claim may be worth much more than the initial offer, so it is best to work with an attorney to estimate the full value of the claim before negotiating. |
Can You Trust the Insurance Company?
There are more than 100 insurance companies operating in Iowa, with policies ranging from personal injury to workers' compensation. Although people generally buy insurance to protect themselves against future loss, paying a premium does not mean the insurance company is going to look out for a Missouri Valley victim after a truck crash. Some residents assume that if they are injured, their own insurance company will pursue a claim against the trucking company on their behalf. This is simply not true. While your insurer may try to recover what it paid for property damage, it is highly unlikely to pursue a claim for your personal injuries.
What the Insurance Company Will Not Tell You
- The insurance company is not representing you or your best interests
- They are not required to tell you the truth
- The company is in the business of making the most profit possible, meaning paying you as little as possible
- An adjuster may seem nice, but they are not looking out for you
- Insurance companies do not like paying claims
Five Tips for Dealing With the Insurance Company
- Tell the truth in every conversation
- Be careful, and consider having a professional handle the adjuster on your behalf
- Keep documentation such as a diary or journal of how you are feeling
- Be thorough at every medical appointment
- Regularly attend medical appointments and follow up as directed
How Different Insurers Handle Truck Accident Claims
Some large trucking and commercial carriers are generally responsive to calls, emails, and letters, but that responsiveness does not mean the amount offered reflects the true value of your claim. Some large insurers give their adjusters access to in-house attorneys who may take over a claim, so if an attorney is assigned to the other side of your case, you should strongly consider having your own attorney as well. Third-party administrators, which are not insurance companies themselves but administer claims for self-insured trucking companies or other carriers, can be more difficult to work with, including slower record production and fewer returned calls. Large national and international carriers sometimes assign adjusters unfamiliar with Iowa law, but who are still trained to pay as little as possible regardless of what the law provides.
What Can an Attorney Do for Your Missouri Valley Truck Accident Case?
Depending upon the nature and severity of your injuries, you may or may not need an attorney in your case. However, it is always a good idea to at the very least consult with an experienced Iowa injury attorney and request information that may help you through the process and avoid common costly mistakes. Should you decide to work with an attorney, here are some of the tasks that will be handled on your behalf, generally at no risk to you, since payment is only owed if the case is successful.
Building the Case
- Educate clients about Iowa injury laws, which vary from state to state
- Gather documentary evidence including police reports, medical records, and bills
- Hire an investigator, if necessary, to interview or locate witnesses
- Collect photographs of vehicles and the accident scene
- Review comparative fault and assumption of the risk issues
- Talk to physicians and obtain written reports to support the claim
Protecting Your Recovery
- Analyze insurance policies to identify coverage that may pay medical bills while the claim is pending
- Review and challenge the validity of any liens asserted by doctors, insurers, or employers
- Contact the insurance company to put them on notice of the claim
- Prepare a demand package in an attempt to settle the case
- Prepare for mediation and settlement negotiations before trial
If a Lawsuit Becomes Necessary
If a suit is filed, an attorney prepares the client, witnesses, and healthcare providers for depositions, prepares written questions, and takes the depositions of the defendant and other witnesses. A scheduling conference is conducted to set a trial date, and the attorney prepares medical, demonstrative, and other exhibits, files motions and briefs to determine what evidence will be allowed, and takes the case to trial with a jury in most personal injury cases. Afterward, the attorney reviews the verdict to determine whether either side has good grounds for appeal and makes a recommendation to the client about whether to move forward with one.
Get Help Now In Missouri Valley
At Walker, Billingsley & Bair, our truck accident team is committed to ensuring you receive the compensation you deserve. We handle all injury cases on a contingency fee basis and manage all necessary documentation and communications.
Walker, Billingsley & Bair is prepared to act fast to defend your rights after a truck accident in Iowa. Contact our office at 641-792-3595 to speak with an attorney.