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Truck Accidents

The trucking company's insurance already contacted me. What should I do?

Accidents Suck. Lawyer Up.

Stop talking to them. Their rapid-response team exists to limit what the company pays you. From now on, they deal with your lawyer.

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That call was not a courtesy

Large carriers and their insurers run rapid-response programs precisely so that contact happens early — before you have a diagnosis, before you know the extent of your injuries, and before you have a lawyer.

The person calling may be genuinely kind. They may offer to handle your rental, cover a medical bill, or send a check for your lost week. That does not change who employs them and what they are measuring.

What they are trying to accomplish

A recorded statement taken while you are medicated and have no diagnosis. A signed medical authorization broad enough to reach your whole history rather than this crash. An early release for a small sum, which permanently closes a claim nobody has valued yet. And information — about your injuries, your finances, and how urgently you need money.

That last one matters more than people realize. A claimant who mentions they are behind on rent has just told the other side how long they can afford to wait.

Meanwhile, their file is being built

While you are being called, the company's investigators may already have been to the scene, downloaded the truck's engine control module, photographed the vehicles, and interviewed the driver with counsel present. That is not improper. It is just a head start, and it is why the response to the call is to get your own side moving rather than to negotiate.

Why speed matters on your end too

Under 49 CFR 395.8(k)(1), a motor carrier must retain records of duty status and supporting documents for not less than six months. Not forever — six months is the floor. Dashcam and telematics data are often overwritten far sooner, sometimes within days, and a repaired or salvaged tractor can take its ECM data with it.

A spoliation letter demanding preservation needs to reach the carrier while that material still exists. Once it is gone, the argument becomes about why it is gone, which is a much worse position than simply having it.

What to do with the call

You can be polite. Confirm nothing about your injuries or fault, give no recorded statement, sign nothing, and end it: "My attorney will be in touch." Then write down who called, from what company, and when.

Authority: 49 CFR 395.8(k)(1)

What to do

Your next steps

On the call

Give them nothing

No statement, no signature, no description of your injuries. \u201cMy attorney will be in touch.\u201d

Write down

Who called and when

Name, company, phone, date. It matters later.

Immediately

Get a preservation letter out

ELD and duty records have a six-month floor; footage can be gone in days.

Do not

Accept an early check

It closes the claim permanently, before anyone knows what your injuries will cost.

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