Dealing With a Trucking Insurance Adjuster After a Virginia Truck Crash

A trucking company’s insurance adjuster works for the insurer, not for you. You may wish to speak with a lawyer before you give a recorded statement or sign any papers.

Why a Trucking Company’s Insurance Adjuster Is Calling You

A trucking company insurance adjuster after truck crash injuries usually calls to open a claim for the insurer. The adjuster represents the insurer and the trucking company, and their interests may differ from yours.

Many people assume the adjuster is a neutral helper. The adjuster is not. Their job is to gather facts for the insurer and to protect the insurer’s position.

Calls often come within days of a crash. You may not yet know the full extent of your injuries, and that timing can make the call hard to handle.

This call is part of an insurance claim, not a court case. No judge is involved, and nothing you say is filed with a court at this stage. Still, what you say can shape how the claim is evaluated and handled.

How a Commercial Carrier’s Insurer Differs From Your Own Insurer

Your own insurance policy is a contract with your own insurer. It does not cover the trucking company’s claim, and the trucking company’s insurer is not your insurer.

In a truck crash, more than one party may be involved. The driver, the carrier that employs or contracts with the driver, and the insurer may each play a role. So the adjuster may ask about more than one party.

Trucking companies also keep more records than a typical passenger driver. Federal rules require a motor carrier to keep each driver’s record of duty status and supporting documents for at least six months from the date of receipt (49 C.F.R. § 395.8). Electronic logging devices automatically record items such as date, time, vehicle location and engine hours (49 C.F.R. § 395.26).

Under 49 C.F.R. § 382.303, an employer must test each of its surviving drivers who was performing safety-sensitive functions with respect to the vehicle for alcohol as soon as practicable after a crash involving a commercial motor vehicle operating on a public road in commerce that involved a loss of human life. Federal rules at 49 C.F.R. § 382.303 also require alcohol testing of each surviving commercial motor vehicle driver who receives a citation within 8 hours of the occurrence under state or local law for a moving traffic violation arising from the accident, if the accident involved either bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene, or disabling damage that requires a motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

Asking early, in writing, that those records be kept is a practical step to consider.

Should You Give a Recorded Statement to the Adjuster?

You may wish to speak with a lawyer before giving a recorded statement, and the decision is yours. A recorded statement can be used later when the insurer evaluates the claim. Words spoken early may be quoted back in later talks.

The right choice depends on the facts. A crash where fault and injuries are clear may differ from one where either is disputed.

Before any conversation continues, ask the adjuster for the request in writing. Also get the adjuster’s name, the insurer’s name and the claim number. Ask whether the call is being recorded, and write down the answer.

What to Say and What to Avoid When the Adjuster Calls

Stick to facts you know, and say so when you don’t know something. That keeps the conversation clear and limited.

Safe facts to share include your name, the date, time and location of the crash, that you were hurt, and that you are getting or planning medical care.

Avoid guessing about speed, distance or how the crash happened. Avoid saying you are fine or unhurt before a medical evaluation. Avoid minimizing your injuries, and avoid describing past health problems in detail.

Social media is part of the file, too. Avoid posting about the crash, your activities or your injuries while the claim is open.

Do not sign medical authorizations, releases or other papers until you understand what they cover. A good-faith release or covenant not to sue given to one person liable for an injury, property damage or wrongful death does not discharge any other person from liability for that injury, property damage or wrongful death unless its terms so provide (Va. Code § 8.01-35.1). Va. Code § 8.01-35.1 reads: “It shall not discharge any other person from liability for the injury, property damage or wrongful death unless its terms so provide; but any amount recovered against the other person or any one of them shall be reduced by any amount stipulated by the covenant or the release, or in the amount of the consideration paid for it, whichever is the greater.” A paper signed with one insurer may not end claims against others.

Take notes during every call, including the adjuster’s name, the date and time, and what was discussed.

If the Adjuster Asks Who Was at Fault

Questions about fault are common, and your answer can affect the claim. You may wish to describe what you saw and avoid assigning blame.

Virginia follows contributory negligence: if you are found even partly at fault, you may be barred from recovering, with limited exceptions. Talk to a lawyer about your facts.

Insurers may point to such remarks later.

Some people say “sorry” out of kindness, and an insurer may read that word as an admission. Stay calm, stay factual and avoid guessing about what the other driver did.

Write down what happened as soon as possible, while your memory is fresh. Keep those notes private until a lawyer has reviewed them, if you choose to speak with one.

Evidence to Keep and the Reporting Duty After a Truck Crash

Keep records of the crash, your injuries and every contact with the insurer. Good records help show what happened and what care you needed.

Virginia requires a driver involved in a crash with injury or death to stop and report it to police immediately (Va. Code §§ 46.2-371, 46.2-894). The statutes are at Va. Code § 46.2-371 and Va. Code § 46.2-894. The driver, or some person acting for the driver, must immediately give notice of the accident to a law-enforcement officer (Va. Code § 46.2-371); a willful failure to make this report is a Class 4 misdemeanor.

Useful evidence includes photos of the vehicles and the scene, the police report number, witness names, medical records and bills, and the adjuster’s contact information and claim number.

Early offers are often made before the full extent of injuries is known. A lawyer may help review whether an offer reflects the losses involved.

Virginia generally allows two years from the date of injury to file a personal injury lawsuit (Va. Code § 8.01-243(A)); the clock runs from the date of injury, not the date of discovery, with narrow exceptions. Some claims carry notice requirements that run out sooner. The statute is at Va. Code § 8.01-243.

How a Lawyer Can Help You Understand Your Options

A lawyer may help you decide how to respond to the adjuster and whether a lawsuit is possible. Talking through those choices early can help you see your options.

A lawyer may communicate with the trucking company’s insurer, review requests for recorded statements, evaluate offers, and explain the deadlines that apply under Virginia law. The firm’s related page on whether you can sue a trucking company after a crash in Virginia covers the legal path in more detail.

The firm’s offices are in Winchester and Harrisonburg. It represents people from the Shenandoah Valley to Richmond and Henrico County, including readers there who were hurt in truck crashes.

Frequently Asked Questions