• Newton Truck Accident Injury Attorneys
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Across the wide-reaching world of highways, trucking accidents can cause major disruption, frequently resulting in life-changing injuries for those involved. During these chaotic scenarios, trucking injury lawyers act as firm advocates, providing support and direction to survivors. These legal specialists excel in navigating the complex domain of trucking laws and regulations.

You vs. The Insurance Company: 6 Little Known "Secrets" to Getting a Fair Settlement

Navigating the aftermath of a car accident or personal injury can be daunting, especially when dealing with insurance companies. Here are six little-known secrets to help you get a fair settlement.

1. Know Your Facts and the Law

Understanding the specifics of your case and how Iowa laws apply is crucial. Insurance adjusters are trained to push for lower settlements using various techniques, such as pretending to be your friend or undermining the strength of your case. They might claim you don't need a lawyer or suggest your case isn’t worth much. However, keep in mind that it is perfectly legal for them to lie, cheat, and manipulate to settle for less. Being informed about your case and the law can prevent them from taking advantage of you.

2. You Do Not Have to Give a Recorded Statement

In most situations, you are not required to give a recorded statement to the insurance adjuster from the other side, particularly if a police report is available. Politely decline and refer them to the police report and your medical records. However, there are exceptions, such as claims against your own insurance company for underinsured (UIM) or uninsured motorist (UM) coverage. If unsure, consult a qualified Iowa personal injury attorney for advice.

3. Always Tell the Truth

Honesty is essential. Insurance companies have access to extensive databases detailing any previous claims you've made. Lying about past claims can significantly damage the value of your current case. Always be truthful to maintain credibility and strengthen your position.

4. Ask About Insurance Coverage Limits

Inquiring about the insurance coverage available can catch the adjuster off guard and is important information. While they may refuse to disclose this, knowing the limits helps you plan for additional coverage needs, such as tapping into your UIM policy. Iowa law requires specific steps, like obtaining permission from your insurer before settling and providing necessary documentation.

5. Avoid Making Threats

Threatening the adjuster rarely helps. They are trained professionals whose goal is to minimize payouts. Anger and threats like “I am going to sue you” typically do not increase the settlement value. Instead, remain calm and focused on the facts of your case. Threats may only result in your file being transferred to another adjuster, making the process more complicated.

6. Research the Value of Your Case

Understanding the value of your case is essential for effective negotiation. Research similar cases in Iowa to see how much judges or juries have awarded. Without this information, you are at a disadvantage when negotiating with the insurance adjuster.

Handling Specific Situations: Car and Truck Accidents

Dealing with Lying Drivers and Preserving Evidence

If the other driver lies about the accident, gather names, addresses, and phone numbers of witnesses, and take photos of the scene. If unable due to injuries, ask a family member or friend to help. Contact the investigating officer before the police report is finalized and provide witness information. Consider hiring a private investigator or attorney to obtain a recorded statement from the other driver. If you receive a traffic ticket, do not simply pay the fine as it can be seen as an admission of fault. Hire a criminal defense attorney to contest the ticket, but be cautious about hiring the same attorney for your injury case.

Preserving Your Vehicle as Evidence

To ensure your vehicle remains intact, find out where it’s being towed and request your lawyer to send a preservation letter to the tow yard. Alternatively, move the vehicle to a private storage area to avoid high tow yard fees and prevent potential damage. Always take photos of the damaged vehicle and the accident scene as a backup.

Passenger Rights in Car Accidents

As a passenger, you generally bear no fault unless you contributed to the accident. Iowa law requires a minimum of $20,000 per person and $40,000 per accident in insurance coverage. If injuries exceed this, look to other insurance policies, including your own UIM coverage. Making a UIM claim typically does not increase your rates. If multiple drivers are at fault, you may claim from each driver’s insurance. Consult with a qualified attorney to avoid common pitfalls and ensure you receive fair compensation.

Truck Accident Cases and Spoliation Letters

Trucking companies can legally destroy driver records after a certain period. Prevent this by having your attorney send a spoliation letter, requiring the preservation of all relevant documents. Key records include the driver’s record of duty status and qualification files. Quick action is essential to protect evidence and build a strong case. An experienced attorney can handle this and ensure all pertinent records are preserved.

Seeking Compensation in Truck Accidents

After a truck accident, file a claim with the responsible insurance company. Be wary of insurance adjusters who may undervalue your claim, delay investigations, or downplay injuries. If necessary, pursue compensation through an Iowa truck accident lawsuit. Liability may involve multiple parties, including the driver, trucking company, safety director, vehicle inspector, or manufacturer. An attorney can help determine liability and navigate the legal process, allowing you to focus on recovery.

Common Types of Fatal Truck Accidents

Fatal truck accidents often involve underride, override, jackknife, head-on collisions, and rollovers. Each type has its complexities, and an experienced attorney can help you understand your rights and options.

Contact an Iowa Truck Accident Lawyer Today

At Walker, Billingsley & Bair, our team of experienced lawyers can assist you in navigating the complexities of truck accident claims. We are dedicated to ensuring you receive compensation for the damages you’ve suffered. 

For more information on injury claims, download our free e-book, ""The Legal Insider's Guide to Iowa Car Accidents: 7 Secrets to Not Wreck Your Case."" To schedule an appointment with a truck accident lawyer, Contact our office at 641-792-3595 to speak with an attorney.