Accidents involving commercial trucks in Buffalo, New York, can be traumatic and life-altering events. If you or a loved one has been involved in a truck accident in Buffalo, you may find yourself dealing with not only physical and emotional trauma but also the complexities of insurance claims. At Andrews, Bernstein & Maranto, PLLC, we understand the unique challenges truck accident victims face when dealing with insurance companies. In this article, we will provide guidance on how to handle insurance companies after a Buffalo, NY truck accident, along with the requirements you should be aware of to protect your rights and secure the compensation you deserve.
Seek Medical Attention Immediately
After a truck accident in Buffalo, your top priority should be your health and safety. Seek medical attention promptly, even if you believe your injuries are minor. Adrenaline and shock can mask symptoms, and some injuries may not manifest until later. Document your injuries, and treatments, and follow your doctor’s advice meticulously. Not only is this crucial for your well-being, but it will also play a significant role in your insurance claim.
Contact Law Enforcement
Call the police to the scene of the accident. A police report will provide an objective record of the incident and can be a crucial piece of evidence in your insurance claim. Make sure to obtain a copy of the police report for your records.
Gather Evidence
While at the scene of the accident, if you are physically able to do so, collect as much evidence as possible. This includes taking photographs of the accident scene, the vehicles involved, any visible injuries, and license plates. If there were any witnesses, get their contact information.
Notify Your Insurance Company
Contact your insurance company promptly to report the accident. Be honest and factual when describing the incident, but avoid making statements that could be misconstrued as admitting fault. Your insurance company will guide you on how to proceed with your claim.
Contact a Buffalo, NY Truck Accident Attorney
Truck accidents are significantly more complex than typical car accidents, given the potential severity of injuries and the multiple parties involved. It’s essential to consult with a qualified Buffalo, NY truck accident attorney from a firm like Andrews, Bernstein & Maranto, PLLC. An experienced attorney can help you navigate the legal complexities and protect your rights.
Preserve Evidence
Keep all documents related to the accident, including medical records, bills, repair estimates, and any correspondence with the insurance companies. This will help your attorney build a strong case on your behalf.
Determining Liability
In a truck accident, establishing liability can be challenging. Several parties may share responsibility, including the truck driver, the trucking company, and even the manufacturer of the truck or its components. Your attorney will investigate the accident thoroughly to identify all potentially liable parties.
Communicate Through Your Attorney
Once you have an attorney, direct all communication with the insurance companies through them. Insurance adjusters may attempt to minimize your claim or pressure you into accepting a settlement that doesn’t fully cover your damages. Your attorney will protect your interests and negotiate on your behalf.
Understand Insurance Requirements in New York
New York has specific insurance requirements for commercial trucks. These requirements are in place to ensure that victims of truck accidents have access to adequate compensation. Understanding these requirements can help you navigate the claims process effectively.
- Minimum Liability Insurance: In New York, commercial trucks are required to have liability insurance with minimum coverage amounts. These amounts vary based on the type and weight of the truck. Your attorney will help determine the applicable insurance limits in your case.
- No-Fault Insurance: New York is a no-fault state, which means that your own insurance policy may cover your medical expenses and lost wages, regardless of who was at fault in the accident. This coverage is provided through Personal Injury Protection (PIP) benefits.
- Uninsured/Underinsured Motorist Coverage: Your own insurance policy may also include coverage for accidents involving uninsured or underinsured drivers. This can be crucial if the at-fault party has insufficient insurance to cover your damages.
- Vicarious Liability: In some cases, the trucking company may be held liable for the actions of their drivers. Your attorney will explore this avenue to ensure that all potentially responsible parties are held accountable.
The Role of the Trucking Company
Trucking companies are often held responsible for their drivers’ actions. They have a legal duty to hire qualified drivers, maintain their vehicles, and comply with federal regulations. Negligence on the part of the trucking company can be a significant factor in a truck accident case.
Dealing with the Truck Driver’s Insurance Company
Insurance companies representing truck drivers may be aggressive in protecting their interests. They will likely have experienced adjusters and legal teams on their side. Your attorney will work to ensure that your rights are protected and that you receive fair compensation.
Negotiation and Settlement
Your attorney will negotiate with the insurance companies to reach a fair settlement. If an acceptable settlement cannot be reached, they may recommend pursuing a lawsuit in court to secure the compensation you deserve.
Lawsuits and Litigation
If a lawsuit becomes necessary, your attorney will guide you through the litigation process. They will gather evidence, depose witnesses, and present your case in court. Having a skilled attorney on your side is crucial during this phase.
Dealing with insurance companies after a Buffalo, NY truck accident can be a challenging and complex process. To protect your rights and secure the compensation you deserve, it’s crucial to follow the steps outlined in this article, especially seeking immediate medical attention, consulting with an attorney, and understanding the insurance requirements in New York. At Andrews, Bernstein & Maranto, PLLC, we have the experience to help you through this difficult time.
If you or a loved one has been involved in a Buffalo, NY truck accident, do not hesitate to reach out to us for a free consultation. Our team of dedicated attorneys is here to guide you through the legal process and ensure that your rights are protected. Let us help you get the justice and compensation you deserve.
Contact Andrews, Bernstein & Maranto, PLLC today, and take the first step towards recovery and securing your future.