Handling an Uninsured or Underinsured Trucking Accident: What Are Your Next Steps?
Have you recently experienced a collision involving a trucking company that might not have valid insurance coverage? If so, you’re likely navigating a complex and frustrating situation. Here’s what you need to know and consider if you find yourself in a similar position.
Situation Overview
Imagine a minor accident on the highway where a trucker merges improperly, causing damage to your vehicle. Your estimate for repairs amounts to approximately $11,000. The truck driver shows you their insurance details, and you take a photograph for your records. However, upon contacting the insurer, you’re told that the policy was terminated two months before the incident.
Further investigation reveals that while the driver’s insurance policy is inactive, the trucking company appears to have an active insurance policy through Geico Marine, which is unrelated to trucking operations. This raises suspicion that the company might be employing a tactic to appear insured while avoiding the legal minimum coverage required for commercial vehicles.
Additionally, the company submitted their MCS-150 registration update just days after the accident, which can be a red flag for potential attempts to obscure their true insurance status.
Key Questions and Considerations
-
Is the trucking company genuinely insured?
The discrepancy between the insurance policy status and the company’s filings suggests they may be attempting to bypass insurance requirements. It’s crucial to verify whether they have any active coverage that can respond to your claim. -
Should you involve legal counsel?
Consulting a lawyer experienced in commercial vehicle accidents can help you understand your rights and options. They can advise whether to send a formal demand letter, pursue immediate legal action, or wait for the insurance reasons to become clearer. -
Insurance implications for your driver (your father-in-law)
Since your family member was driving for Uber at the time, his personal insurance likely covered the collision. However, Uber’s insurance policies and reporting requirements can be complicated. Moreover, your own insurance provider might consider the Uber ride an excluded activity, potentially complicating any claim. -
Are there other hidden insurance policies?
Sometimes, trucking companies maintain supplementary or non-listed policies. A thorough investigation through the DMV or FMCSA databases can help uncover additional coverage. -
Next steps in handling the situation
- Maintain detailed documentation of all interactions, photographs, and estimates.
- Reach out directly to the trucking company via certified mail with a formal demand for damages.
