How Long Does It Take to Settle a Semi-Truck Accident Claim?

The injuries from a run-in with an 18-wheeler can be devastating. It may take months or years to get back on your feet. Also, most truck accident cases are settled with the insurance company, and this process can be tedious, taking months or years to settle your claim.

At TK Injury Lawyers, our Austin truck accident lawyers are here to assist you in any way possible. Below, we give an overview of the insurance settlement process and factors that will affect your settlement.

Insurance Settlement Overview

In a single year, 4,714 people died in large truck crashes. Semi-trucks are a grave concern for other road users. Those who are injured in truck accidents deserve just compensation.

The Claims Process

In Texas, if you are not at fault for an accident, you will submit your claim to the truck company’s insurance carrier. This is known as a third-party claim.

For your claim to be accepted, the following deadlines must be followed:

1. Time limit for submitting bills
2. Time limit for resolving claim disputes
3. Time limit for submitting additional information that is requested by the insurance company

According to the Texas Insurance Code, insurers must abide by the following timeline regarding claims:

• 15 days to acknowledge receipt of a claim;
• 15 business days to notify the claimant of acceptance or denial of a claim and
• 5 business days to make payment on a claim if it is accepted.

Nobody should attempt to handle a truck accident claim without legal assistance, especially if you suffered any injuries. A truck accident lawyer will keep track of applicable deadlines.

Compensatory Damages

The purpose of filing an insurance claim is for you to be compensated for any losses that you endured from your truck accident. Providing evidence of your losses will allow the insurer to compensate you for these losses in order to make you “whole” again. This legal remedy is known as damages.

Relevant evidence will help in pursuing your claim. Hold on to all receipts related to your accident, including payments for doctor’s appointments, medical equipment, and repairs to your vehicle. You also want to have your pay stubs readily available so that you can document any missed time from work due to your accident.

In a truck accident claim, you will likely be awarded compensatory damages, which is money that you will be given for any actual losses that you sustained.

Compensatory damages can be economic or noneconomic. In a truck accident claim, you can and should claim both economic and non-economic damages. Let’s discuss the difference.

Economic damages are any losses that you suffered as a result of your accident that took money directly out of your pocket. Economic damages may include, but are not limited to:

• Lost wages
• Lost earning capacity
• Doctor’s appointments
• Ambulatory services
• Vehicle repairs or replacement

Non-economic damages, on the other hand, are intangible losses that impact your quality of life. Non-economic damages may include, but are not limited to:

• Pain and suffering
• Mental anguish
• Loss of companionship
• Loss of consortium
• Disfigurement

At TK Injury Lawyers, we use the multiplier method to calculate noneconomic damages. This method will assign a number to your injuries, based on their level of severity, from 1 to 5. Based on this number, we multiply it by your total economic damages to determine your total noneconomic damages.

Demand Letter

Documentation of damages will be submitted to the insurance carrier along with a demand letter. A demand letter will be written by your attorney and will detail the events behind your accident and request compensation from the insurance company.

The demand letter should establish the facts of your case, detail your injuries and medical treatment, describe the truck driver’s liability (or why another party is liable), request a specific compensation amount, set a deadline, and offer a consequence if the insurance company does not oblige.

A demand letter is arguably the most important piece of an insurance claim and should be drafted by an experienced truck accident lawyer.

Factors that Determine a Settlement Timeline

An insurance adjuster will examine several factors in calculating your settlement:

• The severity of your injuries
• Your medical needs
• Lost time from work
• Your ability to work
• The damage to your vehicle

Once all requested documentation has been remitted, the adjuster will make a settlement offer. The first settlement offer is usually less than 50% of what your entire case is actually worth.

Most lawyers and insurance companies want to settle a truck accident case out-of-court and do not want to face litigation.

Let’s examine the factors that affect the settlement process and may even delay it:

Determining liability

Not every truck accident will result in a settlement. Many accidents are caused by the truck driver’s negligence. For an injured party to recover, the victim must show that the truck driver was negligent, thereby causing the accident.

The details surrounding a truck accident may be convoluted. That’s because the negligence may not be at the hands of the truck driver; it could also be the trucking company, the maintenance company, or even the cargo loader.

Future medical needs and expenses

Your injuries will play a large role in the calculation of your damages. Common truck accident injuries include spinal cord injuries, brain injuries, abrasions, burns, and soft tissue injuries.

While a soft tissue injury may appear not severe, older individuals will likely require months of physical therapy before reaching maximum medical improvement (MMI). Since physical therapy is usually recommended before surgical options are explored, it may take months or even years to fully realize the extent of your medical expenses.

Individuals should wait until their physician determines they have reached MMI before accepting a settlement offer.

Available Evidence

Accidents with less evidence may take more time to investigate since there could be “gaps” in how the accident occurred. Conversely, accidents that have a lot of evidence will require a lot of time to thoroughly investigate.

Common evidence in a truck accident claim will include:

• Photographs: any photos of the accident scene and the aftermath could be beneficial in an investigation and even help an accident reconstruction expert
• Video surveillance: any footage from body cams, cell phone footage, and dashcams may shed light on what caused the accident
• Eyewitness testimony: testimony from a witness could give an impartial perspective on how the accident unfolded
• Police Report: a police report will include the date/time/location of the accident and who the officer believes caused the accident

Hire an Austin Truck Accident Lawyer Today

A truck accident can change your life. No matter the cause, you need an attorney who can follow your claim each step of the way. If you have been in a truck accident, we want to hear from you. Contact TK Injury Lawyers today to schedule your free consultation.