Injured? Call Today

240-744-1600

 

What if a Trucking Company's Insurance Company Denies My Claim After an Accident?

 Posted on September 30, 2026 in Truck Accidents

Blog Image

If you were in an accident with a commercial truck and the truck driver or company was at fault, you may be able to receive compensation. If the trucking company’s insurer denies your claim, you can challenge the denial with evidence. If the insurer still refuses to pay, you may be able to file a lawsuit. If they still refuse to pay, you can take the case to court.

A Carroll County, MD truck accident lawyer can help you understand why your 2026 claim may have been denied and what your options are.

Why Would a Trucking Company's Insurer Deny My Claim in Maryland?

Insurers can cite a variety of reasons for denying an accident claim. Common reasons include:

  • The insurer saying the truck driver wasn't at fault, or that you were also partly at fault

  • Claims that your injuries weren't caused by the accident

  • A delay in getting medical care after the accident

  • Claims that the driver was an independent contractor or wasn't on the job

  • Missing or incomplete paperwork

Assignment of fault is very important in Maryland. Maryland follows a legal rule called "contributory negligence." Under this rule, if your own actions helped cause the accident, you might not be able to receive compensation.

Just because an insurance company claims that your accident happened a certain way doesn't mean that it actually did. Maryland's contributory negligence rule means that a trucking company's insurer has a strong incentive to argue that you contributed to the accident in some way. They may argue you share fault whether you do or not. Their claims about the severity of your injuries or that your injuries didn't come from the accident may also not be accurate.

What Can I Do After a Trucking Insurer Denies My Accident Claim in Maryland?

Start by asking the insurer to explain the denial in detail and in writing. Maryland law says it is unfair for an insurer to deny a claim for an "arbitrary or capricious" reason. The insurer must also give a reasonable explanation for the denial when asked (Maryland Code, Insurance Section 27-303). You can file a complaint with the Maryland Insurance Administration if you believe an insurer is handling your claim unfairly.

Next, gather the evidence that addresses the insurer's reasons. This can include the police report, photos of the scene and your injuries, medical records, and witness statements or contact information.

The trucking company itself likely also has valuable information about the accident. This evidence can include the truck's black box, maintenance records, and hours-of-service records. Companies are required to keep this information for a certain amount of time, but there is always the possibility that it gets destroyed or overwritten. To help protect this evidence, an attorney can send a preservation letter, sometimes called a spoliation letter, telling the company not to destroy or overwrite it.

Your own auto policy may also offer some coverage while you work with the insurance company. Maryland auto policies include personal injury protection (PIP) coverage unless you waived it in writing. PIP can pay some medical bills and lost wages no matter who caused an accident.

Can I Sue the Trucking Company If Its Insurer Won't Pay for My Damages?

An insurance denial does not stop you from filing a lawsuit against the truck driver, trucking company, or another responsible party. In Maryland, a personal injury lawsuit generally must be filed within three years after the claim begins (Maryland Code, Courts and Judicial Proceedings Section 5-101).

Throughout the settlement process, be careful about giving a recorded statement or signing anything the insurer sends you. A release may end your right to pursue the claim. Also be cautious about what you post on social media about the accident, especially if it is public.

Call a Mount Airy, MD Truck Accident Lawyer Today

If you're dealing with an insurer who won't pay, get an attorney who will fight for you.

Our Carroll County, MD personal injury attorney has more than a decade of experience and gives every case his personal attention. Attorney Serafini is supportive of clients and aggressive with insurance companies and other defendants. We answer calls 24 hours a day, seven days a week, and handle cases on a contingency fee basis, so you owe nothing unless we win for you.

Call Serafini Law at 240-744-1600 today for a free consultation.

Share this post:
Back to Top