If you are like most people, you are in your vehicle daily or almost daily. You may be running errands, going to work, or taking your kids to school. Regardless of what you are doing, there is a good chance you don’t consider how dangerous it can be.
Accidents occur every day on the roads in and around Long Island. One of the most devastating types of accidents involves large commercial trucks. While this may not seem like a big issue, more than 3,000 accidents occurred in New York in 2022, with hundreds resulting in fatalities.
If you or someone in your family is involved in a truck accident, you may pursue a legal claim to recover compensation. After all, this is your legal right. Unfortunately, many claims are denied.
At this point, you may wonder, “Now what?” At this point, you should contact a Long Island truck accident lawyer who can help you understand your legal rights and options.
Understanding Truck Accident Claims
Before looking into the reasons why your claim might be denied, it’s essential to understand how truck accident claims work.
Truck accidents can result in severe injuries and property damage, and victims are often entitled to compensation for:
Medical Expenses
Medical expenses refer to the costs incurred for diagnosing, treating, and rehabilitating injuries sustained in an accident or due to an illness. These expenses include doctor’s visits, hospital stays, surgeries, prescription medications, physical therapy, and medical equipment.
In the context of personal injury claims, such as those resulting from accidents, medical expenses are a crucial component of seeking compensation, as they help victims recover both physically and financially by covering the costs associated with their healthcare needs.
Lost Wages
Lost wages refer to the income or earnings an individual cannot earn due to an injury, illness, or other circumstances preventing them from working. When someone sustains injuries in an accident or is temporarily disabled, they may miss work days or experience a reduced capacity to perform their job, resulting in a loss of income.
Your lost wages can be recovered through your truck accident claim. In most situations, you should be able to recover the wages you would have earned if the accident and injuries had not occurred.
Pain and Suffering
Pain and suffering describe the physical and emotional distress experienced by an individual as a result of an accident, injury, or other harmful events. It encompasses both the physical pain and the emotional trauma endured due to the incident.
Pain and suffering damages are not as straightforward to calculate as medical expenses or lost wages, but they are important in personal injury claims. Compensation for pain and suffering provides for the intangible and non-economic hardships experienced by the victim, including mental anguish, emotional distress, and a diminished quality of life.
Property Damage
Property damage refers to the harm or destruction caused to personal property due to an accident, collision, natural disaster, or any other adverse event. This can include damage to vehicles, buildings, personal belongings, or any other assets owned.
After an accident, victims can seek compensation to cover the replacement or repair of damaged property. Recovering compensation for property damage helps restore the property to the pre-accident condition or compensate the owner for the full value of the lost property.
To pursue these claims, you’ll typically need to file a claim with the at-fault party’s insurance company or your own insurer, depending on the circumstances. Unfortunately, not all claims are approved, and some are outright denied.
Common Reasons for Truck Accident Claim Denials
While truck accident claims can be denied for various reasons, some of the most common include:
Lack of Sufficient Evidence
One of the most common reasons for claim denials is inadequate evidence. Insurance companies require documentation, such as police reports, medical records, and witness statements, to evaluate the validity of your claim. Without compelling evidence, they may deny your claim.
Disputes Over Liability
Insurance companies may dispute liability, especially in cases where fault is not clear-cut. If they believe you share some responsibility for the accident, they may deny or reduce your claim.
Missed Deadlines
Failing to meet deadlines for filing a claim or providing necessary documents can result in denial. It’s crucial to be aware of and adhere to these deadlines to avoid unnecessary complications.
Policy Exclusions
Some insurance policies have exclusions that might not cover specific accidents or damages. It’s essential to review your policy and understand its limitations.
Inadequate Coverage
If the at-fault party’s insurance policy does not have sufficient coverage to compensate for your losses, it can lead to a denied claim. This is where your own insurance policy might come into play, but it can still be a complex process.
How a Long Island Truck Accident Lawyer Can Help
Navigating the complexities of a denied truck accident claim can be overwhelming. This is where Joseph J. Perrini, III, a seasoned Long Island truck accident lawyer, can be your greatest ally. Here are some ways an attorney can assist you:
- Thorough Investigation: An experienced lawyer will conduct a comprehensive investigation to gather the evidence needed to support your claim. This may involve accident reconstruction experts, medical professionals, and other specialists.
- Negotiating with Insurers: Your lawyer will engage with insurance companies on your behalf, advocating for your rights and working to negotiate a fair settlement.
- Litigation, if Necessary: If negotiations fail, your attorney can take your case to court. Joseph J. Perrini, III, has a strong track record of success in litigation, ensuring your case is handled professionally and effectively.
- Knowledge of Local Laws: Being based in Long Island, Joseph J. Perrini, III, is familiar with the local laws and regulations that can impact your case. This local expertise can be a significant advantage.
Understanding Your Rights After Your Truck Accident Claim Is Denied
Facing a denied truck accident claim can be disappointing, but it doesn’t mean you’re out of options. With the guidance of Long Island truck accident lawyer Joseph J. Perrini, III, you can navigate the complexities of the legal system and fight for the compensation you deserve. Remember, seeking professional legal assistance can make all the difference in the outcome when it comes to truck accident claims.
Don’t let a denied claim discourage you. Reach out to The Law Offices of Joseph J. Perrini, III, today and put their expertise to work for you. Your road to recovery starts here.
