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Dickerson & Smith Law Group Attorneys and Counselors at law
  • Home
  • Firm Overview
    • David D. Dickerson Jr.
    • P. Todd Sartwell
    • David William Mettler
    • Michael Thomas Pallai
    • Samantha M. Barnett
    • David D. Dickerson Sr.
      (In Memoriam)
    • William B. Smith
      (In Memoriam)
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  5. Evidence needed for your truck accident claim

Evidence needed for your truck accident claim

On Behalf of The Dickerson & Smith Law Group | Apr 15, 2022 | Truck Accidents |

Truck accident injury claims can be very complicated processes. Many accidents are obviously the fault of the truck driver, and the company usually responds favorably in accepting the claims from injured parties. It is the payment of those claims where the problems begin, as Virginia trucking companies always want significant documentation when evaluating whether or not they must pay. Their insurance carriers also have major input in this process as well, but they are often even more diligent due to the state’s contributory negligence law that restricts injured parties from being financially compensated if they have even 1% of fault in causing the accident. And they often want documentation on every aspect of a claim that could potentially be used to justify a denial.

Official accident report

While trucking companies have all of the information they need regarding any truck accidents, they will still request a claimant to provide an official accident report that proves they were indeed involved in the incident. The accident report is compiled after local law enforcement and the Department of Transportation conduct a full investigation.

Injury treatment records

Other documentation is primarily in support of injury claims. Not only should treatment bills be presented for payment, but doctor diagnosis and prognosis records will also be requested. This can be done through a HIPPA release to allow the company access to medical records from the healthcare provider, but it is best to limit information by submitting them personally to ensure they only see documents related to treatment for specific truck accident injuries.

Photos of the accident scene

Not everyone who is injured in an accident will have the mental alertness and mobility to take photos of the accident scene, but they are an effective form of evidence that can be used in support of an injury or fault deflection claim. This can be crucial for claimants who were driving at the time because trucking company insurance providers regularly attempt to shift some portion of fault for the accident to other involved drivers.

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