Understanding a Recent Trucking Incident: Navigating Uninsured and Uncooperative Parties
In recent events, a minor highway collision occurred when a trucking vehicle merged improperly into our lane, resulting in an estimated $11,000 in damages. While the incident appeared straightforward initially, complexities soon emerged, raising questions about the responsible party’s insurance coverage and their intentions.
The Trucking Company’s Insurance Status
The truck driver involved provided proof of insurance at the time of the accident, which we documented with photographs. However, upon verifying the policy details with the provider, it was revealed that the insurance coverage had lapsed two months prior to the collision. Attempts to reach the trucking company’s management for clarity have been met with delays; the supervisor has requested a callback when in the office but has since avoided returning calls.
Further investigation using the Department of Transportation (DOT) database indicates that the company’s only active insurance policy is with Geico Marine. Industry insights suggest that some trucking firms may strategically use alternate insurance policies—such as those not typically intended for commercial vehicles—to maintain active status without fulfilling proper coverage requirements. Notably, the company filed a Motor Carrier Safety Status (MCS-150) update shortly after the accident, adding to the complexity.
Next Steps and Legal Considerations
Given these circumstances, questions arise about the trucking company’s motives. Are they attempting to stall, hoping the incident will be forgotten? Should immediate legal action be considered, or is it better to send a formal, certified demand letter for compensation? When, if ever, should legal proceedings be initiated?
Insurance Implications
The driver involved in the accident, who is related to us, owns full coverage auto insurance. However, at the time of the crash, he was operating as an Uber driver. He has not disclosed his Uber driving status to his insurance provider, and it’s unclear whether Uber’s coverage applies in this situation. This ambiguity presents a dilemma: filing a claim with our own insurance could risk policy cancellation or denial since the incident occurred during an Uber ride. Moreover, questions remain about whether the trucking company might possess additional hidden or inactive insurance policies.
Recommendations
- Continue attempts to establish contact with the trucking company’s management for clarification and documentation.
- Consult with a qualified attorney experienced in commercial vehicle liability to evaluate legal options and potential liabilities.
- Consider sending a formal demand letter via certified mail outlining the damages and requesting resolution.
- Discuss with our insurance provider the implications of filing a claim under the current circumstances, especially considering the Uber driving aspect
