Legal and Insurance Concerns After a Highway Collision with a Potentially Uninsured Trucking Company
In the aftermath of a minor highway collision, questions can quickly arise—especially when the at-fault party appears to lack valid insurance coverage. Here’s a detailed account of a recent incident and guidance on the steps to take if you find yourself in a similar situation.
The Incident:
While driving on the highway, my vehicle was involved in a minor accident caused by a trucker merging improperly into our lane, crossing double solid lines. The damage has been estimated at approximately $11,000. The truck driver provided their insurance details, and I took a photo of their insurance card. However, upon verifying the policy, I discovered that it had been canceled two months before the accident.
Follow-up and Company Response:
I reached out to the driver’s supervisor at the trucking firm. Unfortunately, they have been uncooperative, informing me to call back when they are in the office and subsequently avoiding my calls altogether.
Insurance Verification:
Conducting a quick search on the Department of Transportation (DOT) website revealed that their only active insurance policy lists Geico Marine—the type of policy uncharacteristic for commercial trucking operations. This discrepancy suggests the company may be using a non-commercial policy to meet minimum legal requirements, effectively bypassing the necessary commercial insurance coverage.
Recent Filing Activity:
Interestingly, the trucking company filed a federal safety document (MCS-150) three days after the accident. This might indicate attempts to update or conceal their insurance status, but it raises questions about their transparency.
Legal and Strategic Considerations:
Given these circumstances, what should be the next step? Should you await further developments, pursue legal action immediately, or contact an attorney? It might be prudent to consult an attorney experienced in transportation and insurance law to evaluate your options. They can advise whether sending a certified demand letter for compensation or filing a lawsuit is appropriate.
Insurance Implications and Coverage Concerns:
The driver involved in the accident is covered comprehensively through my father-in-law’s personal insurance policy. However, he was operating as an Uber driver at the time, and he has not disclosed this secondary employment to his insurer. It’s uncertain whether Uber’s insurance coverage applies for this incident, and I am wary of submitting a claim that might jeopardize his current coverage or lead to a denial.
Additional Insurance Considerations:
Is it possible that the trucking company maintains other, undisclosed insurance policies? Should attempts be made to uncover alternate coverage sources
