Legal and Insurance Concerns After Highway Accident with Uninsured Trucking Company
Navigating liability in vehicular accidents can be complex, especially when dealing with commercial trucking companies that may not have valid insurance coverage. Recently, our experience highlights some critical issues and questions that others might face in similar situations.
Incident Overview
While traveling on the highway, our vehicle was involved in a minor collision caused by a truck merging improperly over double solid lines into our lane. The damage has been professionally estimated at approximately $11,000. The truck driver provided their insurance details, and I documented this information with a photograph. However, subsequent inquiries revealed troubling discrepancies.
Insurance Verification and Company Conduct
Upon contacting the insurance provider, I was informed that the policy had expired two months before the accident occurred. Efforts to reach the truck driver’s supervisor at the trucking company have been met with evasive responses, as they advised me to call back when they are available in the office, and they have not returned my calls.
Further investigation through the Department of Transportation (DOT) database shows that the company’s only listed active insurance policy is with Geico Marine—a provider that specializes in marine insurance rather than commercial trucking. This raises suspicion that the trucking firm might be attempting to bypass legal insurance requirements by maintaining a policy that does not cover their trucking operations, a tactic sometimes used to remain legally operational while avoiding full liability.
Timeliness of Regulatory Filings
Notably, the trucking company filed their MCS-150 form merely three days after the incident. This form is part of the FMCSA’s compliance documentation, but filing it late or with inconsistent information can be red flags indicating potential non-compliance or effort to obscure financial responsibility.
Legal and Safety Next Steps
Given the pattern of behavior and potential lack of valid insurance, several key questions arise:
- Should we wait and see if the issue resolves itself, or proactively pursue legal action now?
- Would consulting a legal professional be advisable at this stage to understand our options?
- Is sending a certified demand letter for compensation a prudent first step?
- Should we consider filing a lawsuit immediately, or wait for further evidence?
Insurance Coverage Considerations
Our driver, who is related to me, has comprehensive personal coverage. At the time of the accident, he was working for Uber, but he has not disclosed this to his insurance provider, and it’s uncertain whether Uber’s insurance policy would apply to this incident.
This raises important considerations:
- Is it advisable to file a claim with our insurance
