A mid-morning brunch could be exactly what you need to get the day started, until someone in a truck swerves over into your lane and you slam into it. This accident turned your entire day upside-down, because not only are you probably not going to eat anytime soon, but you also won’t be returning to work by the time your break is over. The driver of the truck, a six-foot-tall, broad shouldered gentleman, steps out of the truck and hands you his insurance information. Can you File a Lawsuit?
A scenario like this rarely happens. Normally police are on scene and the parties involved discuss the events with them. The job of the police is to record the information, including the name and addresses of every party involved. Their reports will identify diagrams of the accident and help to present evidence that the truck accident did in fact occur.
Filing a Lawsuit or a Claim after a Truck Accident
Some people have a hard time differentiating between a claim and a lawsuit. It can become confusing with the legal terms and the proper processes, but knowing the difference can significantly help your case.
Claim: A claim, regarding a personal injury accident, such as a truck accident, is filed when you and the insurance company of the person who was at fault have been back and forth with negotiations. A claims adjuster will become the person responsible for the insurance case and this is whom will handle the negotiations. Many claims result in a settlement where all of the parties involved are satisfied with the outcome.
Lawsuit: When an accident occurs, you will be responsible for speaking with the at-fault person’s insurance claims adjuster. If this process goes smoothly, a claim is filed. However, if this process does not go smoothly and there are no foreseeable compromises, a lawsuit is filed.
There are several reasons why an accident can turn into a circus. One of the main reasons is that the injured do not hire an attorney immediately after the accident’s occurrence. This could change the outcome of whether or not a claim or lawsuit is filed. Without an attorney it is possible that a mistake could be made and the claim could potentially be thrown out by the insurance adjuster, leaving the injured with no compensation and injuries they didn’t cause.