It has been estimated that the truck traffic in San Diego, primarily in the portside neighborhood, will triple if the Mitsubishi Cement facility gets the nod to operate. There are already some 15.5 million trucks operating in the U.S., and the San Diego Interstate highways are an essential route for some of them.
If you ever get hurt in a truck accident and incur damages, then you can claim compensation for it. As personal injury lawyers in San Diego will tell you, you need to follow a set of procedures. Here, you’ll know how to file a claim following a truck accident in San Diego.
Before You Submit a Claim
After sustaining any injuries in a truck accident and before you file a claim, there are a few things you should do. And the first is to gather the necessary details about the accident and your injuries. If you had reported the incident to the San Diego PD, then you should have a copy. As much as possible, you should gather photographs, testimonies, and physical evidence.
Hire an Experienced Personal Injury Lawyer
Understandably, you cannot follow any of the steps mentioned above if you sustained serious injuries. Heavy vehicle accidents can be fatal and traumatic. That’s when you can hire local personal injury lawyers in San Diego to help you file a claim while you recover. Depending on a particular case, there will be a lot of paperwork to go through. If you’re planning on moving to the courts, then the California Statute of Limitations requires that you file within 6 months of the accident.
Draft and Submit a Demand Letter
As a next step, you’d need to draft a demand letter asking for a settlement with the at-fault truck driver’s insurance company. This should be properly formatted with all the necessary details and figures. Also, mention the basis for damages. This should be extensive, essentially explaining everything about the accident, including the background context.
You can demand compensation for both personal injury and property damage. Property damage claims are a lot easier to claim than PI claims. But you’d need to provide copies of repair estimates, diminished value reports, appraisals, among other things.
For personal injury, you can claim compensation for medical bills, loss of income, loss of future income, pain and suffering, and any miscellaneous expenses related to the truck accident.
Negotiate with Insurance Adjusters
The final step would be to negotiate with the insurance adjuster. After the insurance company of the truck driver receives your claim, they’d get in touch with you demanding more evidence to justify the claims. It’s important only to channel communication through your lawyer. The company will likely reduce the claim amount, but it’s essential not to settle for an amount that doesn’t cover the total cost. If the negotiations fail, you can move to court with your personal injury lawyers and file litigation.
Throughout the process, local personal injury lawyers in San Diego will benefit you in many ways. After the accident, it’s best to get a lawyer involved in your case as soon as possible. A free consultation is all you need to get started with your claims process.