Legal and Insurance Concerns in a Truck Accident with Uninsured or Underinsured Carrier
Navigating the aftermath of a vehicular accident involving commercial trucking can be complex, especially when the trucking company in question appears to lack valid insurance coverage. Here’s a detailed overview based on a recent incident that highlights some critical considerations and steps to take if you find yourself in a similar situation.
Incident Overview
A minor collision occurred on the highway when a trucking vehicle merged improperly over double solid lines, colliding with another vehicle. The damages have been estimated at approximately $11,000. The at-fault driver initially provided insurance details, along with photographic evidence. However, subsequent verification revealed serious concerns: the insurance policy listed was effectively expired two months prior to the accident date.
Key Findings
- The trucking company’s representative was unresponsive, declining to return calls after an initial inquiry.
- Records from the Department of Transportation (DOT) show that the company’s only active insurance policy is with Geico Marine, which typically covers maritime activities—not commercial trucking. This discrepancy raises suspicion that the company may be using a non-primary policy to appear compliant with legal requirements.
- The company submitted their MCS-150 form (Vehicle Safety Registration) three days after the incident, which could be an attempt to re-establish or maintain a record of compliance, though the timing raises questions.
Implications and Next Steps
Given these circumstances, several pressing questions arise:
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Is the trucking company intentionally delaying or avoiding responsibility? The lack of active insurance and evasive behavior suggests possible attempts to sidestep liability.
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Should you involve legal counsel immediately? Consulting with a qualified attorney can help determine the best course of action—whether to issue a formal demand letter via certified mail, file a claim with your insurer, or pursue legal action.
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What about insurance considerations? While the claimant’s driver has full coverage, he was operating as an Uber driver at the time, which complicates the coverage scope. If his personal insurance does not cover rideshare activities, or if Uber’s insurance policy was active, it might come into play. However, initiating a claim might risk your insurance policy being affected if the incident occurred during a rideshare trip.
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Is there an alternative insurance policy unknown to you? Sometimes, companies or drivers hold additional coverage not immediately apparent. It’s worthwhile to conduct thorough research or consult a professional to uncover any potential policies.
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