Legal and Insurance Concerns After a Highway Accident with an Uninsured Trucking Company
Dealing with accidents involving commercial vehicle operators, especially when the company’s insurance status is uncertain, can quickly become complex. Here’s a detailed overview of a recent incident and the crucial considerations to keep in mind.
Incident Recap
A minor collision occurred on the highway when a trucking company driver merged improperly, crossing double solid lines into our vehicle’s lane. Damage estimates are approximately $11,000. The driver provided proof of insurance at the scene, and I captured photographic evidence. However, upon verification, the insurance policy was active only until two months prior—a clear sign of an expired policy.
Troubling Discoveries
Further investigation revealed that the trucking company’s primary active insurance listed on the Department of Transportation (DOT) website is with Geico Marine—a policy unrelated to commercial trucking. It appears the company might be using secondary or non-standard policies to meet legal requirements, potentially avoiding proper coverage for their operations.
Additionally, the company filed an MCS-150 form three days after the accident, which is a necessary registration update but doesn’t necessarily confirm active, valid insurance coverage.
Next Steps and Legal Concerns
Given these circumstances, several pressing questions arise:
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Are they intentionally delaying, hoping the incident will be forgotten?
It’s plausible, especially if they are avoiding direct communication. -
Should immediate legal action be considered?
Consulting a qualified attorney could help determine the best course of action, such as sending a certified demand letter or initiating legal proceedings. -
Insurance Implications
The driver involved has full coverage; however, at the time of the accident, he was Ubering. He hasn’t disclosed this to his insurer, and there’s uncertainty whether Uber’s insurance policy would apply or if it even covers incidents like this. This ambiguity complicates filing a claim. -
Are there other unlisted insurance policies?
It’s conceivable that additional coverage exists but isn’t publicly documented. Continuing efforts to contact the trucking company or their representatives may be worth attempting, but consulting your own insurance provider should also be a priority.
Recommendations
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Consult a Legal Expert
An attorney experienced in transportation and insurance law can provide personalized guidance and help determine whether pursuing litigation or formal claims is appropriate. -
Notify Your Insurance Provider
Disclose the incident and seek advice on how to proceed without jeopardizing your coverage, especially given the potential
