Understanding Uninsured and Underinsured Trucking Accidents: What Drivers Need to Know
Navigating the complexities of a recent highway incident can be challenging, especially when the trucking company involved appears to lack proper insurance coverage. Here’s a detailed overview of the situation and guidance on potential next steps.
The Incident
Last week, a minor accident occurred on the highway, caused by a truck merging improperly into our vehicle’s lane, resulting in approximately $11,000 worth of damages. Upon exchange, the truck driver provided insurance details, and a photo of their policy was taken for records. However, subsequent verification revealed discrepancies.
Insurance Validity Concerns
When contacted, the trucking company’s representative indicated that the driver’s policy had been terminated two months prior to the collision. Further investigation through the Department of Transportation (DOT) registry shows that the company’s only active insurance policy is with Geico Marine—a policy typically associated with marine insurance rather than commercial trucking. This raises red flags, as some carriers may attempt to operate without adequate coverage by maintaining fraudulent or non-compliant policies. Additionally, the company filed their MCS-150, a safety and registration form, just three days after the accident, which might be an attempt to appear compliant.
Legal and Personal Considerations
Securing compensation in such situations can be difficult. You might be wondering whether to wait and see if the issue resolves itself or take immediate action. Consulting with a legal professional can help determine if filing a claim or pursuing legal remedies right away is the best course of action. Sending certified demand letters to the trucking company or their insurance provider could also prompt a response.
Coverage Clarifications
The driver involved is your father-in-law, who has full personal auto coverage. However, at the time of the crash, he was operating an Uber ride—a detail complicating the insurance landscape. Many personal policies exclude coverage for commercial activities like ride-sharing unless explicitly endorsed. Although Uber provides insurance during driver trips, your father-in-law has yet to disclose this activity to his insurer, and it’s unclear if his Uber coverage applies in this context.
Further Queries & Recommendations
It’s wise to consider the possibility of additional or undisclosed insurance policies. Continuing attempts to contact the trucking company might be futile if they are deliberately avoiding responsibility. Therefore, consulting an attorney experienced in transportation or insurance law can help you evaluate whether to proceed with legal action and how to protect your interests. Simultaneously, reaching out to your own insurer with all pertinent details can provide clarity on coverage and liability.
