Legal Considerations When Facing Uninsured or Underinsured Trucking Operations
A Recent Highway Incident and the Challenges of Uninsured Trucking Companies
Navigating the aftermath of a traffic collision involving commercial vehicles can be complex, especially when the trucking company involved appears to lack valid insurance coverage. Here’s a detailed overview of a recent case highlighting these challenges and insights into potential next steps.
Case Summary:
-
During a routine highway drive, a truck merged improperly across double solid lines, colliding with another vehicle. The estimated damage exceeds $11,000.
-
The truck driver initially provided insurance details, and a photo of the policy was taken. However, upon verification, the insurance company stated that the policy had been terminated two months prior to the accident.
-
Attempts to contact the driver’s manager resulted in dead ends, as calls went unanswered while the manager was reportedly out of the office.
-
A check of the company’s registration via the Federal DOT database revealed their only active insurance policy was with Geico Marine, raising suspicions about the validity and coverage of this policy since it does not pertain to commercial trucking.
-
Notably, the company filed a Federal Motor Carrier Safety Administration (FMCSA) form, MCS-150, three days after the incident. This form is typically used for safety reporting and fleet updates but does not guarantee ongoing compliance with insurance requirements.
Questions and Considerations:
Understanding the Trucking Company’s Intent
- Is the company deliberately avoiding responsibility, hoping that the incident will be forgotten or the issue will resolve itself?
Legal and Insurance Steps
-
Consulting with a qualified attorney might be advisable to evaluate your options, including the possibility of legal action or sending a formal demand letter via certified mail.
-
Given the suspect validity of the trucking company’s insurance, pursuing a lawsuit could be a suitable course. An attorney can help assess the strength of your case and guide you through this process.
Insurance Implications and Coverage Concerns
-
The involved driver has full coverage, but he was operating under Uber at the time. This complicates insurance claims, as rideshare drivers often have separate coverage. Not disclosing Uber driving to their insurance poses additional risks.
-
Filing a claim through your own insurance carrier depends on policy specifics. There’s concern that claiming might jeopardize your coverage if the insurance company finds out the vehicle was used for commercial rides during the incident.
Potential for Hidden or Unlisted Insurance
- The discrepancy in reported insurance coverage raises the possibility that the trucking firm may possess additional
