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What Happens if the At-Fault Party Doesn’t Have Truck Insurance?

What Happens if the At-Fault Party Doesn’t Have Truck Insurance?

If the at-fault party in your accident does not have truck insurance, then your own insurance or the insurance of the trucking company could cover your losses. You may also have the option of bringing a lawsuit against liable parties in the case that insurance does not cover your losses.

A lawyer can explain the process for seeking compensation from a party who does not have insurance. The landscape for liability is different for every truck accident, and a lawyer may give you a personalized assessment of how you may be able to obtain compensation for your losses.

Truck Drivers Are Required to Have Insurance

The Federal Motor Carrier Safety Administration (FMCSA) explains that commercial truck drivers are legally required to have auto insurance, as well as other forms of insurance. Not every truck driver may abide by mandated insurance requirements, however. A truck driver may not have active insurance because:

  • They knowingly go without insurance as a way to save money.
  • They did not pay proper attention to their insurance status, and their policy lapsed without their knowledge.

There is no valid reason for a truck driver to be uninsured. However, you may be facing the consequences of an accident caused by an uninsured driver. A lawyer will determine whether some form of insurance covers your accident-related losses.

For a free legal consultation, call (855) 605-2959

Insurance Could Compensate You Even if a Driver Is Uninsured

Even if the truck driver who is responsible for your accident is not personally insured, other forms of insurance could still cover some or all of your accident-related losses. One option that your lawyer will explore is your own insurance policy. The Insurance Information Institute (III) explains that uninsured and underinsured motorist coverage in auto insurance policies covers losses from accidents caused by uninsured motorists.

If your auto insurance policy contains uninsured or underinsured motorist coverage, then your own insurer may cover your accident-related losses. This sort of coverage may generally compensate you for:

  • Accident-related medical expenses
  • Damage to your vehicle and other personal property

Underinsured and uninsured motorist coverage may cover medical costs, property damage, or both. Every policy must be reviewed on a case-by-case basis, and your lawyer will examine your policy to see what coverage you have. Your losses could be covered by insurance that the truck driver’s employer has.

A truck driver’s employer may be liable for harm that their drivers cause, and so their insurance may provide coverage to victims of accidents caused by their drivers.

A Lawyer Will Consider a Lawsuit When Insurance Does Not Work

Your lawyer will be prepared for what happens if the at-fault party in your case does not have any applicable truck insurance. They may speak with you about bringing a lawsuit against liable parties in order to seek the compensation that you are entitled to. If you do pursue a lawsuit, then your lawyer will lead your case.

They may not require your participation, or they may require you to make minimal contributions, such as statements about your truck accident. While you recover, your lawyer may do the following:

Itemize Your Losses

Losses are a central theme in any lawsuit or insurance claim. Your lawyer will create an itemized record of your losses and will assign a monetary value to each of the losses that have come from your accident. Some losses may have an obvious monetary value, and those losses may generally qualify as economic losses.

These may include:

  • Emergency medical care
  • Hospitalization-related costs
  • The cost of any surgeries you have undergone
  • Lost income caused by injury
  • The cost of medications
  • The cost of any therapy you require because of your accident

Your lawyer will also determine the monetary value of your non-economic losses, which may include past and future mental anguish or the cost of losing a loved one.

Negotiate a Financial Settlement

As affirmed by the American Bar Association (ABA), most lawsuits end with a financial settlement. Your lawyer may attempt to negotiate a settlement with an insurance company first, and then they may seek a settlement directly from at-fault parties through their attorneys. Settlement negotiation may be a process that your lawyer has gone through, perhaps many times, before.

They may be familiar with negotiation tactics that other attorneys or insurance companies could use and will work to secure the fairest settlement that they can negotiate for you. By securing a financial settlement, your lawyer may recover the compensation you deserve for your hardship without you ever having to see the inside of a courtroom.

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Call a Personal Injury Lawyer Today

Consider us as your personal injury lawyers after a truck accident. We have recovered hundreds of millions of dollars for our clients and will provide the legal care that you or your loved one deserves. Call us today at (702) 707-5934 to speak with our team about your truck accident case.

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I Was Injured In An Accident. What Do I Do Now?

By Scott L. Poisson

  • Do I Have A Case?
  • Dealing With The Insurance Company
  • When a Lawsuit Is Filed
  • Overcoming Common Defense Themes
  • Special Considerations in Specific Types of Cases