After a collision with a truck, the damage is rarely small. You may face a hospital stay, weeks away from work, and a vehicle that is not worth repairing, all while several insurance companies start asking questions.
In Washington, more than one source of funds may apply to your crash, and knowing where each one comes from may help you understand what to expect.
The truck’s liability coverage pays what the driver or company owes you
When a truck driver causes a crash, their liability insurance is generally the first place to look for payment. This coverage pays for the harm the driver or company is legally responsible for, such as your medical bills, lost income and pain.
Trucking companies often carry higher limits than ordinary drivers, because state and federal regulations mandate public liability minimums, often starting at $750,000 for general freight carriers and up to $5,000,000 for hazardous materials. However, policy totals depend on the carrier’s specific coverage tier.
Your own underinsured motorist coverage may fill the gap
If the truck’s coverage falls short of your losses, your own underinsured motorist coverage may help. Washington insurers must generally offer this coverage on policies for vehicles registered or kept in the state, unless you rejected it or selected lower limits in writing, and it generally matches your liability limits. It also applies to crashes with hit-and-run and phantom vehicles.
Fault sharing may reduce what any insurer pays you
If the other side argues that you share the blame for the crash, your payment may shrink by your percentage of fault. Washington reduces damages in proportion to your share under pure comparative fault rules, so you may still recover compensation even when an insurer says you were partly responsible, except in narrow statutory circumstances involving intoxication or felony conduct.
Filing within the three-year deadline protects your claim
Washington generally gives you three years to file a lawsuit over an injury from a vehicle crash, though the clock may run differently in some situations. Truck crashes can involve several companies and policies, so records such as the police report, medical bills and insurance letters may become harder to find as time passes.
A truck crash can leave you dealing with more than one insurer and only one chance to file on time. A Washington attorney who handles serious crash claims may help you identify each source of coverage and act before the deadline passes.