Personal Injury Law - Truck Accidents - Insurance Companies

Insurance Adjusters are the First Step in the Game Called “Claim Denial”

A (comparatively) larger number of gravel haulers, including independents, are underinsured; which means they only carry minimum liability coverage on their rigs. However, commercial liability insurance minimums are not governed by the same laws that oversee auto minimum liability insurance companies so when there is a commercial underwriting company involved, and if there is an accident, the coverage amounts can usually fully compensate victims of dump trucks and gravel hauler accidents. But just because it’s available doesn’t mean it’s easy to be compensated for your injuries and all other damages arising from an expensive truck wreck.

The business model of virtually every commercial insurance company is to protect their cash, regardless of whether the underwriter is a corporation that answers to stockholders or a mutual fund company that answers to its policyholders (in this case, the trucking company). All insurance companies are in the business of taking-in premiums and paying out as little as absolutely necessary in claims. Their duty to themselves and policyholders is to deny your claim, avoid paying you fairly, and protect their funds. This happens untold thousands of times every year. Without the right experienced dump truck and gravel hauler accident attorney on your side, the odds of collecting a fair settlement from any insurance company are astoundingly against you.

While the Texas Civil Practices and Remedies Codes grant the right for anyone been injured in any trucking accident, or the surviving family members in the event of wrongful death, to be compensated, the law doesn’t necessarily grant a victim claims an injury by rote. It must hard-fought and won. You, as plaintiff, must first prove the liability of those responsible for the injuries arising from your negligent dump truck accident and all the other damages arising from it. The burden of proof is yours. Unless you clearly show that the money you’re asking for is a fair reflection of your losses, damages, and injuries, you have no hope of winning. The insurance company and the sharp lawyers who represent them, do everything possible to deny your claim or civil case. And if they are found liable, they inevitably argue that the amount you seek is excessive, unreasonable and that you deserve much less.

Insurance adjusters are their first weapon in their fight against you. They shield their employer from you because their job is to save their companies money by denying your claim or underestimating the cost of the wreck. And the best adjusters get the most important cases. Truck wrecks are the most expensive and thereby, pose the most danger to the insurance company’s profits. An adjuster often acts like your best friend and constantly assures you that all of your needs are met. Then they turn around and work behind the scenes to build the case for the insurance company’s denial of your claim.

Adjusters are very clever and can be quite sneaky. They try to imitate the good relationship you have with your car insurance agent. Often, under the guise of being “on your side,“ they might innocently try and record you saying something that can later be twisted around to sound like your admitting some liability. They regularly use this tactic to destroy your chance to receive any form of fair compensation. Some unscrupulous adjusters even try to deceptively convince uninformed truck accident injury victims to sign away the legal right to sue in exchange for a measly settlement amount that would never even approach fair compensation for the victim’s injuries and other financial losses from a big rig accident.

The tactics of an insurance company to save their money by denying your rightful claim is illustration enough of why you need aggressive, experienced legal representation. Only the history of success of an experienced dump truck accident attorney such as our Law Firm set unscrupulous insurance adjusters in their place and compel their insurance company into a fair settlement, or defeat them in court if they refuse to see reason.

Our Law Firm has decades of experience handling personal injury litigation in dump truck and gravel hauler accident cases. If you or a loved one has been seriously injured by one of these road monsters, our expertise significantly increases your odds to receive the fairest compensation possible for the injuries and pain you have suffered. We’ve helped deliver millions of dollars to hundreds of accident victims in Texas. So if you or a loved one has been involved in a trucking accident anywhere in Texas, our experienced accident lawyers can win the best compensation possible for you.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation to begin your road to total recovery so you and your family can resume your life.

Self-Insured Truck Drivers Who Cause Accidents Present Different Problems

Since Texas law doesn’t require truckers to have liability insurance (past what they carry on their truck to remain “street legal”) some trucking companies protect against personal injuries from accidents by self-insuring themselves. This usually involves the transport company reserving a percentage of their assets to pay accident claims, rather than purchasing coverage from a traditional insurer. Rare is the time when they aren’t underinsured. And though the federal government monitors the insurance industry, licensed adjusters and holds insurance companies to ethical standards as best it can, no such regulations govern companies that insure themselves.

And even though you won’t need to deal with insurance adjusters, winning compensation from these “self-insured” companies can be far more difficult and often even more problematic. You will be dealing with an officer of the company, instead of an insurance adjuster. This company officer’s salary comes from company profits. Any amount paid to you for a serious and expensive injury comes directly out of company coffers. So if that officer compensates you for an injury, the amount is paid directly out company assets; which means the company officer is literally taking money out of their own pocket.

So it is not unusual for a self-insured company officer resorting to any means to deny your claim and protect the company’s assets. Officers of self-insured companies have been known to willfully dispose of damning evidence, bribe witnesses, and even intimidate victims. This explains why every time our attorneys are hired against a self-insured company, the first action we take is to prevent anyone from the defendant company from behaving inappropriately toward our clients. And we step in and prevent them from communicating with our clients in any way unless we are present.

Our Law Firm has decades of experience handling personal injury litigation in large truck wreck cases. If you or a loved one has been hit by one of these monsters and you are blameless, our expertise assures that you should receive the fairest compensation possible for the injuries and pain you have suffered or if a wrongful death of a loved one has occurred. We’ve helped deliver millions of dollars to hundreds of negligent accident victims in Texas. So if you or a loved one has been involved in a trucking accident in Texas, our experienced accident lawyers can win the best compensation possible for you.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation. Get on the road to recovery so you and your family can get on with your lives.

Our Main Office:

Carabin Shaw P.C.
630 Broadway St, San Antonio, TX 78215
210-222-2288

Car Accident Lawyers : Underinsured Motorist Claims

Are you having difficulty in filing an uninsured motorist or under-insured motorist claim? Our car accident lawyers can help you with your uninsured / under insured motorist claim.

Uninsured and under insured motorist coverage insurance is an optional form of insurance coverage that many people purchase. In fact, many car insurance providers will include it as part of a default package.

The idea behind this type of insurance coverage is that in the event your vehicle is struck by a driver that does not have any car insurance coverage, or does not have enough car insurance coverage to cover the full extent of you property damage or injuries, you will be able to file a claim against your own insurance company under the uninsured/ under insured portion of your insurance policy.

This is a fairly common scenario because most motorcycle accident drivers only carry the minimum insurance coverage that is required by law. It is very easy for the total of your property damage and personal injury damages to exceed the value of their policy. In most cases, their insurance company is not required to pay beyond the amount of the coverage that their insured purchased.

Difficulties in filing an UM claim

As you are probably aware, the whole idea behind the insurance industry is that they are banking on the fact that they will likely never have to pay out on most policies. Uninsured/ underinsured coverage works the same way only more so. Naturally, you will only receive a payout if you meet certain requirements and so forth.

The biggest hurdle to overcome is that you must completely exhaust the defendant’s insurance policy before any under insured money will be disbursed. If the defendant’s insurance company does not release their policy limits, you may never get be able to take advantage of a UM claim. Thus, it is imperative to have the help of an aggressive car accident injury attorney who can recover the full limits of the defendant’s insurance policy.

Practice Areas: Car Accidents, Trucking Accidents. On the Job Injuries. Wrongful Death. Construction Accidents, Boating Accidents, Premises Liability. Contact Us

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