How Does Insurance Work After a Truck Accident in Ohio?
December 11, 2024 | By Colombo Law
In most cases, the victim of a collision with a big truck recovers compensation through a truck accident insurance claim. Unfortunately, this process is easier said than done. Defendants and insurance companies alike know how to dispute, delay, and deny claims—no matter how legitimate.
At Colombo Law, we understand the complexities of trucking accident litigation. We have gone up against major freight carriers and insurers at the negotiation table and at trial, frequently obtaining favorable results for our clients. Our truck accident lawyers will fight for the outcome you deserve.
Don’t try to handle a truck accident insurance claim on your own. Instead, contact Colombo Law for a FREE case review by calling one of the phone numbers below:
- Cincinnati: 513-599-8841
- Columbus: 614-362-7000
How Does Truck Insurance Work?
Truck drivers and trucking companies purchase liability insurance for the same reason as other motorists: to cover the cost of damages if a truck is involved in an accident. Without insurance, the driver and/or the company would be on the hook for losses if they are found liable for a crash.
In some cases, truck accidents pose a danger to the public at large. A crash can affect not only the occupants of vehicles in the collision, but properties in the vicinity and the local environment. That is why truck insurance is sometimes known as public liability insurance—it is designed to compensate multiple members of the public who may have been affected.
Unsurprisingly, truck accident insurance policies tend to be much larger than the liability coverage held by other drivers. Claims may involve substantial damages for which operators and carriers need to protect themselves financially.
How Much Insurance Are Truck Drivers Required to Carry?
All drivers in Ohio—including truck drivers—need to comply with the minimum car insurance requirements. If the owner-operator of the truck operates under their own authority, they are considered a motor carrier and must also abide by federal insurance regulations.
The insurance filing requirements for motor carriers at the federal level are:
- $300,000 minimum for trucks weighing less than 10,001 pounds carrying non-hazardous cargo
- $750,000 minimum for cargo transported by trucks weighing 10,0001 pounds or more
How Much Insurance Is Required for Trucking Companies?
Trucking companies are considered motor carriers and subject to the insurance requirements described above. Depending on the type of cargo, they may need to have up to $5 million in truck insurance for accidents.
Generally speaking, a driver who works for a trucking company is covered by the company’s liability insurance. However, it can be difficult to untangle the relationship between the driver and the carrier, as well as the available insurance coverage. One of the keys to a successful truck accident insurance claim is a prompt investigation by a knowledgeable attorney.
Read More: Common Elements in a Truck Accident Investigation
How Do Truck Accident Claims Work?
If you or someone you love was injured in a truck accident due to the negligence of another, you may be entitled to compensation. As with most personal injury claims in Ohio, insurance companies hold the purse strings. To recover damages, you will need to make a claim with the insurer.
The steps in a truck accident insurance claim generally include:
1. Proving Fault & Collecting Evidence
Before filing a claim, it is important to establish what caused the accident and who is responsible. This requires timely investigation and comprehensive evidence.
Ultimately, you need to prove that the negligence of one or more parties led to the crash. Evidence that can help to establish fault may include:
- Photos of the accident scene, the vehicles involved, and your injuries
- Video footage of the collision (if available)
- Witness statements
- Expert inspection of the truck for signs of poor maintenance, mechanical failure, etc.
- Accident reports
- Reconstruction of the accident
Liability for a truck accident may lie with more than one party. Identifying all of the defendants is key for preparing an effective case.
Read More: What Parties Could Be Liable for a Truck Accident?
2. Calculating Damages
Damages are the losses you’ve sustained to date as a result of the accident, as well as any additional loss you are likely to experience in the future. Experienced truck accident lawyers can evaluate your right to compensation for:
- Current and future medical expenses
- Loss of income
- Diminished earning capacity
- Pain and suffering
- Scarring and disfigurement
- Disability
- Loss of enjoyment of life
- Wrongful death damages (if a family member died in the crash)
To accurately calculate damages, your attorney will review documentary evidence (such as medical bills, financial documents showing the wages you’ve lost, etc.) and speak with you and your family. Expert testimony can provide additional support for your claim.
3. Issuing the Demand Letter
A demand letter is a document that outlines the facts of the case as you see them, as well as the damages you are due. It is submitted to the insurance company or companies for the defendant(s).
The demand letter typically marks the start of settlement negotiations. We strongly advise our clients not to speak with any insurance company representatives, as this can have disastrous implications for the case.
4. Negotiating a Settlement
In rare cases, the insurer(s) may accept liability and agree to pay the full value of your truck accident insurance claim. However, the much more likely scenario is a low settlement offer or denial of your demand for damages.
Ohio truck accident attorneys can skillfully negotiate a fair settlement on your behalf. Multiple rounds of negotiations may be required, but don’t get discouraged or impatient. Your lawyer should keep you apprised of their progress and work with you closely to find an acceptable settlement amount.
5. Filing a Lawsuit (If Necessary)
It may be necessary to file a lawsuit if a settlement isn’t reached. Your attorney can handle this process on your behalf, ensuring that all defendants are named in the claim and the complaint is properly filed with the court.
Read More: Can I Sue for Being Hit by a Semi Truck?
The statute of limitations is 2 years from the date of the accident. Waiting too long to take legal action may deprive you of the right to compensation, so it is vital to discuss the need to file suit with a trucking accident attorney sooner rather than later.
6. Preparing for Trial
During trial preparation, your legal team will work to shore up your case so they can make the strongest argument in court. Close attention is paid to establishing the sequence of events leading up to the accident, showing how each defendant was at fault, and providing support for each dollar you claim in damages.
One of the most crucial components of preparing for trial is the discovery process. During discovery, attorneys for both sides will request and exchange documents and submit written questions. The driver’s log book and trucking company records may contain evidence of negligence or wrongdoing, but it takes an experienced truck accident lawyer and one or more qualified experts to interpret the evidence and know how to present it at trial.
7. Going to Trial
The majority of truck accident cases do not reach the trial phase, but it is critical to be prepared for the possibility. At trial, you will be represented by a personal injury lawyer. The insurance company may hire a defense attorney or, in the case of a large motor carrier or other corporation, the defendant may have in-house counsel to represent them at trial.
Simply put, the goal of a trial is to win. Both sides will present proof and make arguments in an effort to persuade the court to find in their favor. For the plaintiff (that’s you), the ideal outcome is a judgment that provides fair compensation for their losses.
How Much Are Most Truck Accident Settlements?
We’ve written before about how every truck accident settlement is different. You can’t use one or even a handful of results as a guide for what your case is worth because there are simply too many factors to consider.
Key factors in calculating a truck accident settlement include:
- Your age and health at the time of the accident
- The seriousness of your injuries
- Medical needs, including the cost of treatment so far and care you will need in the future
- Your ability to work after the accident, and how your earnings are affected
- The anticipated course of your recovery, including the physical and mental effects of your injuries
- Issues of comparative negligence
- Available insurance coverage and the policy limits
Insurance companies make it their mission to minimize payouts when faced with an accident claim. Entrusting your case to an attorney who knows the ins and outs of truck accident litigation is essential for achieving the maximum settlement.
Get Assistance with Your Truck Accident Insurance Claim
You should never underestimate the challenges of obtaining fair compensation after a truck accident. Colombo Law is here to even the playing field. We use our extensive experience and knowledge of how trucking companies and insurers operate to pursue successful claims on behalf of clients in Cincinnati, Columbus, and all of Ohio.
