Legal and Insurance Challenges with an Uninsured or Underinsured Trucking Firm
Navigating the aftermath of a vehicle collision can be complex, especially when dealing with a trucking company that appears to lack valid insurance coverage. Here’s a real-world scenario illustrating the hurdles faced when a trucking firm seems to be avoiding responsibility after an accident.
The Incident Overview
Recently, our team was involved in a minor collision on the highway. The incident was caused when the truck driver merged unsafely, crossing double solid lines into our lane, resulting in approximately $11,000 worth of damages. The truck driver did provide their insurance information at the scene, and we documented this with a photo. However, upon verification, we discovered some troubling details.
The Insurance Discrepancy
A subsequent call to the driver’s insurance company revealed that their policy had been terminated two months prior to the accident date. Efforts to connect with the trucking company’s management were met with evasiveness; the company’s manager requested a callback when they were available but has since ignored repeated attempts to reach them.
Further investigation through the Department of Transportation (DOT) database showed that the firm currently holds only an active policy with Geico Marine, which is unlikely to cover commercial trucking operations. Industry insights suggest that some carriers may use non-commercial or non-coverage policies, such as marine insurance, to appear compliant on paper while lacking valid coverage for their vehicles.
The trucking company also filed their MCS-150 update three days after the crash, which is required for fleet registration and compliance. This raises questions about their transparency and adherence to regulatory requirements.
Questions and Next Steps
Given these circumstances, several critical questions emerge:
- Responsibility and Timing: Are they intentionally delaying to avoid liability, hoping the issue will fade with time?
- Legal Actions: Should immediate legal counsel be consulted to understand our rights? Is sending a certified letter demanding compensation a prudent first step? Or is pursuing formal legal action now necessary?
- Insurance Coverage: Our father-in-law, who was driving the vehicle, carries comprehensive coverage. He was working with Uber at the time of the crash but has not disclosed this to his insurer. There’s also uncertainty whether Uber’s insurance policy applies here, and concerns about potential policy cancellations or claim denials if the incident is reported.
- Potential Hidden Coverage: Could there be other, unlisted insurance policies protecting the trucking company? If so, how can we verify this?