Legal and Insurance Challenges with an Uninsured Trucking Company After a Highway Accident
Experiencing a road accident involving commercial trucks can be complex, especially when the trucking company appears to lack valid insurance coverage. Here’s a detailed overview of a recent incident and insights into how to navigate such a situation.
The Incident Summary
Recently, a minor traffic collision occurred on the highway when a trucker made an unsafe merge over double-solid lines, colliding with our vehicle. The estimated damages amount to approximately $11,000, and the driver involved provided their insurance details and a photo of the policy. However, upon further investigation, it was discovered that the insurance policy was canceled two months prior to the accident.
Efforts to Contact the Responsible Parties
Following the incident, attempts to reach the trucking company have been met with challenges. The driver’s manager advised me to call back when convenient, but has since avoided further communication. A search of the company’s DOT record revealed that their only active insurance policy is with Geico Marine—an insurance provider typically associated with marine and recreational coverage, not commercial trucking.
Interestingly, some industry insights suggest this company might be intentionally using a non-commercial or inappropriate insurance policy to meet regulatory requirements without real coverage for trucking operations. Additionally, the company filed their MCS-150 form (necessary for FMCSA registration) just three days after the accident, raising further questions about their compliance and intentions.
Legal Considerations and Possible Next Steps
At this point, questions arise about the company’s true insurance coverage and their ultimate goal—are they trying to delay, hope that the issue will be forgotten, or avoid responsibility altogether? Given the situation, several strategies could be considered:
- Consulting with a lawyer: Engaging a legal professional can provide guidance on the best course of action and whether formal legal action is warranted.
- Sending a certified demand letter: Official written communication requesting compensation can often prompt a response and serve as documentation if litigation becomes necessary.
- Immediate legal action: Filing a claim or lawsuit may be appropriate if the responsible party remains uncooperative or if their insurance status remains unresolved.
The Role of the Claimant’s Insurance
In this scenario, the driver (my father-in-law) has comprehensive coverage, but at the time of the accident, he was engaged in Uber driving. He has not yet disclosed this to his insurer, and there is uncertainty about whether Uber’s insurance policies would apply in this case. Additionally, concerns
