Understanding a Trucking Company’s Insurance Issues After an Accident: What Are Your Next Steps?
Facing a vehicle accident can be stressful, especially when dealing with complex insurance scenarios involving commercial trucking companies. Recently, a driver involved in a minor highway incident found themselves in such a predicament when the trucking company’s insurance appeared to be non-existent or improperly maintained. Here’s a detailed analysis of the situation and guidance on how to navigate these challenging circumstances.
Incident Overview
The incident involved a collision caused by a truck merging irresponsibly into the lane of another vehicle, resulting in approximately $11,000 in damages. The driver provided their personal insurance details and a photograph of the policy. Upon investigation, it was discovered that the trucking company’s insurance policy had lapsed two months prior to the accident. Efforts to establish communication with the company’s management were met with avoidance, as they have not returned calls or addressed the issue directly.
Insurance Verification and Concerns
Further research through the Department of Transportation’s database revealed that the trucking firm currently holds only a marine insurance policy with Geico Marine. Experts suggest that some trucking companies engage in insurance practices designed to meet legal minimums temporarily, often by procuring policies that do not fully cover commercial driving activities. Additionally, the company filed their Federal Motor Carrier Safety Administration (FMCSA) MCS-150 form shortly after the incident, which raises questions about their compliance and intent.
Legal and Practical Considerations
Given the scenario, it’s essential to consider multiple strategic options:
- Legal Action: Consulting with a qualified attorney to evaluate the viability of pursuing legal compensation is advisable, especially if the trucking company continues to evade responsibility.
- Certified Communication: Sending a formal letter via certified mail demanding settlement for damages can serve as an official record and potentially prompt quicker resolution.
- Insurance Claims: While your relative holds full coverage, the fact that they were working for Uber introduces complexity. Typically, rideshare insurance varies by provider and policy, and claims related to Uber trips may be denied or handled differently. Nonetheless, initiating a claim through your insurance might be worthwhile but with caution.
Additional Insurance Considerations
There is a possibility that the trucking firm maintains other insurance policies not publicly listed or that are not immediately apparent. Continuous attempts to establish contact with the company’s management and verifying all possible coverage avenues remain important.
Recommendations Moving Forward
- Document Everything: Keep detailed records of all interactions, damages, and communications.
- Seek Legal Advice: An attorney specializing in transportation or personal injury law can provide tailored
