A Trucking Insurer Is Calling. Slow Down Before You Respond.

Getting a call from an insurance adjuster after a truck crash can be stressful, especially when you are still hurting. Yes, a trucking company’s insurance adjuster can call you after a crash, and you may choose what you say and when you say it.

This guide explains who the adjuster works for, what you may wish to share, and which Virginia rules and deadlines to keep in mind. It is written for readers across the Shenandoah Valley, Winchester, Harrisonburg, Richmond and Henrico County.

Why a Trucking Company’s Insurer May Call You

The adjuster works for the trucking company’s insurer, not for you. An early call usually means the insurer is gathering information about the crash and your injuries. It does not mean your claim has been decided.

Commercial vehicle crashes often involve more than one insurer. The motor carrier may hold its own policy, and the driver may be covered under another. Federal law requires many motor carriers to meet financial responsibility minimums for public liability, so more than one company may have a stake in the claim. That is why calls can come from several directions.

For an overview of how these claims are organized, read the commercial vehicle accidents guide.

You May Decline a Recorded Statement

You may decline a recorded statement, or ask to wait until you know more about your injuries. An adjuster may ask to record your account of the crash, and you may wish to pause before agreeing.

This matters most while doctors are still evaluating your injuries. Early descriptions can change as the medical picture becomes clearer, and a recording keeps every word.

Ask for the request in writing. Ask what the statement will be used for. Write down the adjuster’s name, the company and the claim number before you go further.

The common mistake is guessing. Adjusters often ask about speed, distance or what the other driver did. If you do not know, say so. “I do not know” and “I need to review my notes” are complete answers.

What to Share and What to Hold Back

Share the facts you know for sure, and hold back guesses and opinions about who was at fault. A short, accurate account is usually enough at the start.

Give the date, time and location, the people involved, and any injuries you noticed at the scene. Stick to what you saw and felt.

Insurers may also send a medical release. That form can reach records beyond the injury from this crash, including unrelated treatment. You may wish to read its scope carefully and ask to limit it before signing.

Words such as “I should have seen the truck” can be read later as admissions. Describe only what you saw, and leave out explanations about why the crash happened.

An early settlement offer may arrive before the full extent of your injuries is known. You may choose to take time before responding to any offer.

How Fault Can Affect a Virginia Claim

Your own share of blame can affect whether you recover at all, so answers about who caused the crash deserve care. Talk to a lawyer about your facts.

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.

A call about who had the right of way, or who could have stopped in time, can sound casual. Your answers may later be used to argue fault, so short and careful answers matter.

Keeping a Written Record of Calls and Documents

Keep a written log of every call, letter and email. Record the date, time, caller’s name, company, claim number and a short summary of what was said. Write it the same day, while the details are fresh.

Save voicemails, letters, emails and paperwork in one folder, on paper or digitally. Keep a copy of anything you sign.

Keep records of your losses too. Medical bills, treatment notes and records of missed work help show the injuries and losses you describe.

If your crash involved a load that moved or fell, cargo records may matter more. Federal rules require cargo to be secured against shifting to such an extent that the vehicle’s stability or maneuverability is adversely affected, so ask whether the load was properly secured. You can also read the cargo shifted truck crash guide for Virginia.

What If the Adjuster Does Not Respond or Keeps Pressing?

If an adjuster stops answering, put your questions in writing and keep a copy of the message. Silence often means the file is under internal review.

Repeated calls or a deadline set by the insurer is not the same as a legal deadline. Ask for the basis of any deadline in writing. You may wish to respond at your own pace.

How long a trucking claim takes depends on the facts. The severity of injuries, the number of parties and insurers, and how records are gathered all play a part. No one can predict the timeline from a phone call.

For the trucking company’s side of the process, read the motor carrier guide. It explains how the carrier’s records and insurer fit into the claim.

Virginia Deadlines and Reporting Rules to Keep in Mind

Virginia has a filing deadline for most injury lawsuits, and a duty to report certain crashes right away. 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. Va. Code § 8.01-243 provides that, unless otherwise provided in that section or by other statute, every action for personal injuries, whatever the theory of recovery, shall be brought within two years after the cause of action accrues. Some claims carry notice requirements that run out sooner.

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 two-year period applies to filing a lawsuit, not to reporting a crash. Va. Code § 46.2-371 requires the driver of a vehicle involved in an accident resulting in injury to or death of any person, or some person acting for the driver, to immediately give notice of the accident to a law-enforcement officer, and § 46.2-894 sets out further duties for the driver to stop, report and render reasonable assistance to an injured person.

For families of someone killed in a crash, the rules differ. A Virginia wrongful death action is filed by the decedent’s personal representative within two years of the death (Va. Code §§ 8.01-50(C), 8.01-244(B)), on behalf of the family members the statute protects. Va. Code § 8.01-244 provides that every action under § 8.01-50 shall be brought by the personal representative of the decedent within two years after the death of the injured person, and § 8.01-50 makes a person or corporation whose wrongful act, neglect, or default caused a death liable to an action for damages, notwithstanding the death of the person injured, where that act would have entitled the injured party to maintain an action had death not ensued. For background on the medical examiner’s role in fatal crash records, see the medical examiner report guide.

What you say, sign and send remains your choice. You may wish to talk with a lawyer about your facts before responding to a trucking insurer’s requests.

Frequently Asked Questions