Navigating Insurance Issues After a Truck Accident: What to Do Next

In the unfortunate event of a traffic accident involving a trucking company, it can be incredibly challenging to navigate the ensuing issues—especially when it appears that the responsible party lacks valid insurance coverage.

The Situation

Recently, a small accident occurred on the highway when a truck driver merged over double solid lines, colliding with a personal vehicle. The damages are estimated to be approximately $11,000. Initially, the driver provided insurance information, which was documented with a photograph. However, upon contacting the insurance provider, it became clear that the policy had been terminated two months prior to the accident.

Additional inquiries into the trucking company’s operations revealed that, according to the Department of Transportation (DOT) website, the only active insurance policy associated with the company is with Geico Marine—a type of coverage typically not applicable for standard trucking operations. This raises red flags; it appears the company may be utilizing this insurance as a method to circumvent the mandatory minimum coverage required for their vehicles.

Interestingly, the company also filed their MCS-150 form just three days after the incident, which raises suspicions about their intentions.

Questions to Consider

Given the circumstances, several important questions arise:

1. What is the company’s end goal? Are they simply hoping the incident will be forgotten with time?
2. Should legal action be pursued right away? Is it prudent to consult an attorney or to send a certified letter demanding compensation?
3. Is our insurance a viable option? The claimant in this case, who happens to be my father-in-law, has full coverage but was driving for Uber at the time of the accident. He has not informed his insurance provider of his rideshare activities, which could complicate matters.

There is a concern about whether his personal insurance might refuse to cover the damages due to the fact that the accident occurred while he was operating as an Uber driver. Given these complexities, it’s understandable to be apprehensive about filing a claim with our own insurance.

Next Steps

1. Continue Documentation: Keep detailed records of all communications with the trucking company and their insurance. This information could prove invaluable if legal action becomes necessary.

2. Consult an Attorney: In situations where insurance is questionable or non-existent, seeking legal advice may be the best course of action. An attorney can provide guidance on how to proceed, particularly regarding the trucking company’s potential liability.

3. **Explore All Insurance