What Happens If An Accident Occurs With An Uninsured Truck Driver?

Published On: January 13, 2025

An accident with a commercial truck can be devastating and frightening. You have severe injuries and lost income, and you expect the liable driver to pay. But what do you do if the truck driver is uninsured? You should speak to a New Port Richey truck accident attorney to determine your legal options and ways you can still be compensated.

 

 

What Insurance Must Truck Drivers Have?

Financial concept about TRUCK INSURANCE Application Form with phrase on the business paper

Insurance requirements for a commercial truck depend on the size and weight of the rig. However, any commercial truck is required to have the following insurance:

  • Bodily injury insurance
  • Property damage insurance
  • Uninsured driver coverage
  • Underinsured driver coverage

Commercial trucking insurance policies are designed to protect the trucker and other motorists if there is an accident. If the trucker or employer lacks the required insurance, they can be cited, and you may need to file a personal injury lawsuit to recover your damages.

Why Would A Truck Driver Ever Be Uninsured?

Every car driver must have auto insurance, so it may be hard to imagine that a commercial truck driver can be uninsured. But this is a common situation. Your attorney will find out if the trucker was uninsured and why. A driver lacking insurance demonstrates negligence, and the driver’s employer can be liable. Common reasons for truckers to be uninsured are:

Trucker Is An Independent Contractor

If the trucker is an independent contractor, they still must have insurance. However, an independent trucker may try to save money and drive illegally without liability insurance. Most truckers who engage in interstate commerce will have insurance, but some local drivers who don’t leave the area may risk not having insurance. Or, the trucker may have a minimum level of insurance that doesn’t cover your losses.

Did Not Renew Their Insurance

Truckers must keep their insurance current but may not have renewed because of negligence or financial problems.

Avoided Insurance

Truckers may not buy insurance to save money. They can also have a bad driving record that would lead to a coverage denial or expensive coverage.

Lapsed Coverage

Some truck drivers may have had insurance but let it lapse because of financial issues.

The reason that the truck driver lacks insurance is irrelevant. If a driver without insurance causes an accident, they or their employer can face serious legal and financial issues.

What Is Uninsured And Underinsured (UM/UIM) Insurance?

Suppose a truck driver rear-ends your car on an interstate in stopped traffic. During the accident investigation, you learn that the truck driver didn’t have insurance. A potential option for accident coverage is your own auto insurance policy.

Your policy may have UM/UIM coverage to cover your medical expenses, property damages, and lost income. In many states, UM/UIM coverage is required on all insurance policies. However, some states, such as Florida, do not require uninsured and underinsured coverage. Your insurance company must offer the insurance, and you must decline it in writing.

An experienced truck accident attorney can review your auto insurance and determine if you have UM/UIM coverage and how much insurance you have. They will also determine if your UM/UIM insurance will cover all your damages.

Filing an uninsured driver claim is one way your damages can be covered. But your truck accident attorney can look at other options.

The Truck Driver’s Employer May Be Liable

The trucker may not have liability insurance, but the trucking company can. Most trucking companies must carry at least $750,000 or more in liability coverage. It’s possible that a carrier doesn’t have insurance, but it is a significant financial and legal risk. A truck accident attorney can review your case and determine if the trucking company has insurance.

Through the vicarious liability legal theory, the trucking company may be liable for its driver’s negligence. This theory holds that a driver’s employer or the truck owner can be liable for the driver’s negligent actions.

However, it’s important to note that some truckers are independent contractors and work for themselves. Your attorney will investigate the background of the trucker and determine who they work for.

You May Need To File A Truck Accident Lawsuit

Truck accidents are different from other crashes. The weight of a huge truck can initiate a massive impact on the other vehicle and cause devastating injuries. These injuries can lead to a permanent disability or death, and the smaller vehicle may be totaled.

A conventional insurance policy may not provide enough coverage when a serious injury occurs. Your medical expenses and lost earnings may require you to sue any liable party.

The trucking company is the most common party in a truck accident lawsuit that is sued, especially if the driver is uninsured. These companies usually have large financial resources and insurance policies that can pay for your losses. They also are usually on the hook for the negligence their drivers demonstrate. Your truck accident attorney will discuss whether suing the trucking company is an option.

You may need to file a truck accident lawsuit if the insurance company doesn’t offer enough money to cover your medical bills, lost income, and pain and suffering. A truck accident lawyer will negotiate with the insurance company and offer strong evidence to support the claim. However, the insurance company does not always offer enough.

You never have to settle for less money than you deserve. You and your attorney can escalate the claim by filing a truck accident lawsuit in the appropriate court. Your attorney can negotiate a settlement until the insurance company makes its final offer. Most truck accident claims end with a settlement, but additional steps may be required if there isn’t a fair offer made. Then, your attorney may recommend filing a lawsuit and presenting the case to a jury.

Why Do You Have To Prove Liability?

Let’s say that the truck driver who hit you was uninsured. Why do you still need to prove that the driver was at fault? The liable party who pays for your losses will require that you show the driver caused the accident for them to pay damages. Securing full compensation for your truck accident injuries and damages can be difficult without a truck accident attorney.

Your attorney may show the uninsured truck driver was liable in these ways:

  • Showing that the truck driver engaged in negligent or reckless driving, such as speeding or tailgating.
  • Proving that the truck company knew the driver was poorly trained or dangerous, such as employment and training records.
  • Showing that the accident was due to a defective part or improper inspections or maintenance.

You must prove another party was liable to receive compensation, including an uninsured truck driver claim.

 

 

What Damages Are Possible In A Truck Accident Claim?

A truck accident can cause a catastrophic collision and injuries. If the driver is liable, you can receive some or all of the following compensation:

Economic Damages

Economic damages are the specific costs that are incurred related to the accident and injuries:

  • Medical expenses: Injuries in a truck crash can be severe and can require months or years of treatment. For instance, a traumatic brain injury can cost millions to treat over your lifetime. A severe injury may entitle you to full, future medical cost compensation, which your attorney will estimate precisely.
  • Property damage: A truck crash can total a vehicle in even a minor accident. You should be compensated to repair or replace your vehicle.
  • Lost earnings and lost earning capacity: Injuries in a truck crash can prevent you from working for weeks, months, years, or even permanently. The loss of income can affect your ability to afford your home and provide for your family. You should have your lost income covered, and you may receive lost earning capacity compensation if you cannot work in the future.

Even in a truck crash with insurance, the cost of economic damages can exceed policy limits. This is why an uninsured trucker accident can be so difficult. However, a truck accident attorney will determine who can be held financially responsible for your losses.

Non-Economic Damages

The cost of a truck crash isn’t only medical expenses and lost income. You can also have the following non-economic damages:

  • Pain and suffering: A severe injury can cause serious pain, and you should receive fair compensation for your discomfort.
  • Mental anguish: Serious truck crash injuries may leave you in worse physical condition than before the accident. It can cause emotional and mental stress. Your truck accident attorney will get statements from your mental health team to understand how the injuries affect you mentally.
  • Loss of enjoyment of life: Imagine a paralysis injury and what you cannot do anymore. This is a severe loss of enjoyment of life for which you should be paid.
  • Loss of consortium: You and your family can suffer loss of companionship, intimacy, and services.

A skilled truck accident attorney will retain the necessary experts to document your non-economic damages.

Important Actions After A Crash With An Uninsured Trucker

An uninsured truck driver may attempt to persuade you to handle the crash without calling the police or insurance providers. Never agree to this arrangement. A truck crash is almost always serious, and you risk severe financial and legal exposure if you don’t call law enforcement and the relevant insurance company.

The truck driver may say they will cover your medical bills or damaged vehicle without insurance, but their word is worthless. Also, you can have lost earnings and extensive medical bills that the trucker probably won’t pay. So, after a truck crash with an uninsured driver, always:

  • Call law enforcement: Always call the police when in a truck accident, including with an uninsured driver. You want a paper trail of the accident; otherwise, there is nothing to hold the liable trucker from covering your losses. Also, documenting the accident will enhance your claim if the trucker has a history of driving without insurance.
  • Collect evidence: You may need to file a claim with your insurance company if the driver has no insurance. So, collect as much evidence as possible. Take photos and videos of your injuries and vehicle damages, obtain witness statements, and obtain a copy of the police report.
  • Speak to a truck accident lawyer: Even if you have UM/UIM coverage, talk to a truck accident lawyer about your uninsured driver claim. Studies show that personal injury attorneys increase the compensation that injury victims receive, including when negotiating a settlement with their own insurance company.

What Is An Uninsured Truck Crash Claim Worth?

Truck accident law. Judge's gavel on table

Unfortunately, many truck accident claims cause extensive damage, including massive medical bills and lost income. However, every truck accident is different, and your claim can be worth more or less than someone with similar injuries. Every person reacts differently to bodily injuries. Factors that may influence the amount of your settlement are:

  • The severity of your truck crash injuries: A severe back injury and paralysis will have a higher claim value than a whiplash claim.
  • Your medical bills: You will have a higher claim value if you have months of medical bills from a serious injury. A minor injury may fully heal after a month, leading to lower medical bills.
  • Lost income: You will have a higher claim value if you have a permanent injury and cannot work. On the other hand, your claim value is lower if you are out of work for a month or two.

Talk to a truck accident attorney today to understand approximately what your claim is worth. They have extensive personal injury claim experience and can estimate your claim value based on their previous cases.

Contact A Truck Accident Attorney Today

Injured in a truck accident by an uninsured driver? Obtaining compensation for your injuries can be difficult, but a truck accident attorney can explain your legal options today. A skilled personal injury lawyer will determine your damages and ways to ensure you receive compensation for your losses. Contact an attorney in your community today for a free truck accident claim consultation.