Understanding and Navigating Uninsured or Underinsured Trucking Incidents: A Guide for Vehicle Owners
Encountering a vehicle accident involving a large truck can be stressful, especially when it appears that the at-fault party may lack proper insurance coverage. Recent situations have highlighted the complexities involved when a trucking company seems to be dodging their legal obligations after an incident on the road. Here’s an in-depth look at such cases and key considerations for those affected.
Case Overview
Imagine a minor collision on the highway caused by a truck merging illegally into your lane, resulting in approximately $11,000 in damages. The truck driver initially provided insurance details, but further investigation revealed discrepancies. Their insurance policy had been terminated two months prior to the accident, raising concerns about the validity of their coverage at the time of the crash.
Efforts to Reach the Trucking Company
Attempts to contact the company’s management have been met with evasiveness. The driver’s supervisor, upon inquiry, requested a callback when in the office but has since been unresponsive. This avoidance can be a red flag, indicating potential attempts to avoid liability.
Verifying Insurance Status
By checking the Department of Transportation (DOT) records, it was discovered that the only active insurance policy associated with the trucking company was with Geico Marine—a policy unrelated to commercial trucking. Industry insights suggest that some trucking companies may temporarily disclose insurance coverage to meet federal requirements, then use unrelated policies to mask the true lack of coverage during incidents.
Regulatory Filing Timelines
Notably, the trucking company filed their MCS-150 update just three days after the accident. The MCS-150 form is a key regulatory document, and timely updates typically reflect ongoing compliance, but delays or suspicious filings may hint at attempts to manipulate coverage status.
Legal and Practical Considerations
-
Insurance Claims and Legal Action: Given the suspicious insurance situation, one might wonder whether immediate legal action or formal notices are warranted. Consulting with an attorney can help determine the best course, including whether to send certified demand letters or initiate lawsuit proceedings.
-
Driver’s Personal Coverage: The at-fault driver’s vehicle has full coverage, but the driver was operating for Uber at the time. If their insurer is unaware of Uber activity or if Uber’s coverage applies, this could influence claim options. However, filing a claim under personal auto insurance might risk policy cancellation if Uber driving isn’t disclosed.
-
Hidden or Unlisted Insurance: It’s possible that additional insurance coverage exists