Defenses the Insurance Company Could Raise to Fight Your Claim for Compensation After a Norfolk Truck Accident
If you must file a claim for compensation for the injuries you suffered in a Virginia Beach or Norfolk truck collision, you need to be prepared for the insurance company to raise defenses to try to deny your claim or pay you less money. The experienced Norfolk truck accident lawyers at Tavss Fletcher can aggressively pursue your claim and have strategies we have successfully used to defeat the insurance adjuster's arguments.
If you have been injured in a Norfolk or Virginia Beach truck accident, the value of your claim can be substantial, considering the severity of the injuries you could suffer and the potential damages you may be entitled to under Virginia law. When filing your claim, it is crucial to anticipate the common defenses that insurance companies representing the trucker and trucking company may raise.
Common Defenses Raised by Insurance Companies in Norfolk Truck Accident Claims
The insurance company is a business, and they may raise whatever defenses they can to deny your claim or try to convince you to accept less compensation in your settlement. Here are common defenses we see insurance companies raising in truck collision cases.
Your Fault
The insurance companies may attempt to shift blame onto you, arguing that your actions, such as speeding, failing to signal, or distracted driving, contributed to the truck crash. They love to raise this defense because Virginia follows a harsh contributory negligence doctrine, which prohibits you from receiving compensation if you were at fault for causing the wreck.
An experienced personal injury attorney can help you defeat this defense. They will gather evidence, such as witness statements, traffic camera footage, and accident reconstruction analysis, to demonstrate that the trucker's and trucking company's actions or negligence were the primary cause of the accident.
Other Liable Party
Insurance companies may try to attribute the accident to another party, such as a third driver, a shipper, or a truck maintenance facility. While many parties can share liability for a truck crash, the truck driver and trucking company are often the primary negligent parties.
Exaggeration of Your Injuries
The insurance companies may dispute the extent of your injuries, claiming they are not as severe as you allege. They may challenge medical reports, the necessity of your medical treatments, or the limitations your injury places on your ability to work.
You can defeat these arguments by obtaining prompt medical care within 72 hours of the truck accident and following your doctor's advice on your treatment plan. In addition, your experienced truck accident lawyer can work with medical professionals to provide comprehensive documentation of your injuries, including diagnostic tests, treatment plans, and expert opinions. This evidence can establish a direct connection between the accident and the severity of your injuries.