Understanding the Complexity of Uninsured Trucking Companies and What You Can Do
Navigating a recent highway mishap can be challenging, especially when dealing with a trucking firm that appears to lack valid insurance coverage. Here’s a detailed overview of a recent incident and the key considerations for those affected.
The Incident
A minor collision occurred on the highway when a trucker attempted to merge across double solid lines, resulting in damage estimated at approximately $11,000 to our vehicle. The truck driver provided an insurance document and a photo, which initially seemed to facilitate the claim process.
Insurance Verification Concerns
However, upon further investigation, the insurance company reported that the policy had been terminated two months prior to the accident. Attempts to follow up with the truck driver’s manager yielded no progress, as calls were not returned.
When checking the company’s details via the Department of Transportation (DOT) website, only an active policy with Geico Marine was listed. Industry insights suggest that some trucking companies may deliberately maintain invalid insurance by holding separate policies that do not meet the requirements for commercial operations—a tactic to stay legally active while avoiding proper coverage.
Regulatory Filings and Company Status
Additionally, the trucking firm submitted their MCS-150 filing three days after the incident, which is a standard report to the Federal Motor Carrier Safety Administration (FMCSA). This raises questions about their compliance and transparency.
Legal and Practical Next Steps
Given this context, you might wonder: Is the trucking company’s strategy to let the issue fade, avoiding responsibility? Should you consult an attorney immediately, send a certified demand letter, or consider filing a lawsuit? These are crucial decisions that depend on specific circumstances and professional legal advice.
Insurance Coverage Considerations
Your father-in-law, the driver involved, has full coverage, but he was operating for Uber at the time. This complicates matters because his personal insurance may not cover incidents during Uber rides, or Uber’s own insurance policy might fill the gap. You’re correct to be cautious about filing a claim, as some insurers may deny coverage if they believe the claim is a result of commercial ride-share activities.
Additional Insurance Possibilities
It’s also worth exploring whether the trucking company possesses alternative or hidden insurance policies not listed publicly. Sometimes, companies attempt to conceal or avoid revealing their true insurance status.
Recommendations
- Continue persistent communication attempts with the trucking company and its representatives.
- Consult with a qualified attorney experienced in commercial vehicle accidents and insurance disputes to evaluate your options.
- Contact your own insurance provider