Ensuring Accountability After an Uninsured Trucking Incident: What Steps Should You Take?
Dealing with a traffic accident involving a commercial vehicle can be complex, especially when the trucking company involved appears to lack valid insurance coverage. Here’s an overview of a recent situation and guidance on how to handle similar circumstances professionally and effectively.
Case Overview:
Recently, a minor collision occurred on the highway when a trucking company’s vehicle merged improperly over double solid lines, resulting in approximately $11,000 in damages to our vehicle. The truck driver initially provided their insurance information, which was documented with a photo at the scene. However, subsequent verification revealed concerning details: the insurance policy the driver presented had been canceled two months before the accident date.
Further investigation using the Department of Transportation (DOT) registry showed that the trucking company’s only active insurance was through Geico Marine, a policy typically unrelated to commercial trucking. Experts suggest this may be a tactic some operators use to meet regulatory minimums without genuine coverage for their operations.
The trucking firm also filed their MCS-150 form three days after the incident, which adds to questions regarding their compliance and intent. Despite attempts to contact the company’s management, calls have gone unanswered, raising suspicions about their willingness to address the situation responsibly.
Additional Considerations:
The driver involved in the crash was driving under the claim of full coverage but was operating an Uber vehicle at the time. This complicates matters since the driver has not disclosed Uber-based insurance to their personal insurer, and it is unclear whether Uber’s insurance policy would serve as primary coverage in this context. There’s also concern that the driver’s personal insurance could refuse to cover the incident due to its work-related nature.
Questions to Consider:
- Is the trucking company intentionally delaying? Are they waiting to see if the incident is forgotten or settleable without legal action?
- Should immediate legal consultation be sought to determine the best approach?
- Would drafting a certified demand letter for damages be appropriate initially?
- Is filing a lawsuit the necessary next step, or should further attempts at communication take precedence?
- Could there be other unlisted insurance policies responsible for coverage?
- Should you continue trying to reach the trucking company or proceed directly through your insurance provider?
Recommended Next Steps:
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Consult a Legal Professional: Engaging an attorney experienced in transportation and insurance law can provide clarity on liability and the most effective course of action.
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Document Everything: Keep detailed records of all communications, photos, damage estimates, and any
