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Deciphering the Impact of Insurance Company Rescissions on Commercial Trucking Accident Claims

July 18, 2023

One of the less discussed but highly impactful aspects of commercial trucking accident claims is the concept of insurance company rescissions. Understanding the potential impact of rescissions on your claim can be critical in navigating the complex landscape of trucking accident lawsuits.


Unpacking Insurance Company Rescissions


Insurance company rescissions occur when an insurance company decides to cancel a policy, effectively declaring that the policy never existed. This is usually due to a belief that the policyholder misrepresented or failed to disclose critical information when applying for the policy.


In the realm of commercial trucking accidents, if a rescission occurs, it can dramatically change the landscape of a potential lawsuit. If the trucking company or truck driver's policy is rescinded, it may significantly decrease the amount of insurance coverage available to pay for the damages stemming from the accident.


Benefits of Hiring an Attorney


Given the complexities and potential impacts of insurance rescissions, having an experienced attorney at your side is invaluable. An attorney well-versed in commercial trucking accident claims will have the necessary knowledge to navigate the intricacies of rescissions and understand how to respond effectively. 


For instance, an attorney can scrutinize the reasons for the rescission and challenge it if necessary. The insurance company must prove that the policyholder intentionally misrepresented or omitted information, and that the misrepresentation was material to the risk being insured. Your attorney can question the validity of these points and potentially have the rescission overturned.


Navigating the Legal Process


The legal process starts with an investigation to determine liability for the accident. Your attorney will collect and examine evidence, interview witnesses, and consult with experts as necessary. This phase lays the groundwork for the entire lawsuit and sets the stage for negotiations with the insurance company.


If a policy has been rescinded, your attorney will assess how this impacts your claim. This may involve looking for other potential sources of compensation, such as other valid insurance policies or directly from the at-fault party.


Your attorney will also engage in negotiations with the insurance company, aiming to secure the best possible settlement for you. If the insurance company refuses to offer a fair settlement, your attorney will be prepared to take your case to court.


Finding the Top Personal Injury Lawyers in Atlanta


Insurance company rescissions can throw a wrench in your commercial trucking accident claim. By navigating to the "Lawyers" page of this website, you can take the first step in getting professional legal assistance to confront this issue head-on. 


An experienced attorney can challenge the validity of a rescission, explore alternate routes to compensation, and fight tirelessly on your behalf, both in negotiations and in court if necessary. Insurance rescissions don't have to spell the end of your claim. With the right legal assistance, you can still strive for the compensation you deserve.


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