Many people involved in accidents with a truck driver assume that they have comprehensive insurance to cater to resultant damages. Such are reasonable assumptions because the state governments across the U.S. stipulate that trucks have liability insurance policies.
However, there are instances in which the at-fault party doesn’t carry insurance, which can leave you in a challenging position after an accident. Fortunately, you can reach out to our firm for legal assistance after you’re involved in a truck accident.
Your Options for Compensation After an Uninsured Truck Accident
When you’re involved in a road accident with an underinsured or uninsured truck driver, you have two options for pursuing a case. You can either choose to file a claim with your insurance provider or a personal injury lawsuit seeking compensation from the truck driver.
However, the trucking company is likely to partly take responsibility for the driver’s actions if the at-fault party doesn’t have insurance. Therefore, you may recover your losses through the company if it’s insured.
The trucking company’s liability insurance covers various motorist damages resulting from a truck accident if there is proof that they’re at fault. According to the Federal Motor Carrier Safety Administration (FMCSA), commercial trucks must be insured up to $5 million, depending on the type and weight of cargo that the vehicle transports.
What Is Uninsured Motorist Coverage?
There are rare cases in which neither the driver nor the trucking company has comprehensive insurance. As mentioned earlier, you can pursue your compensation through your insurer. Insurance companies offer uninsured motorist policies to cover cases like the one you currently face. The coverage cushions you from underinsured and uninsured motorists, including trucking companies and truck drivers.
You may have difficulties navigating the complex procedures of filing a recovery claim. What’s more, victims who sustain severe and extensive injuries are more likely to exhaust their insurance cover quickly. Luckily, a truck accident lawyer can review your options with you and help determine which one is most appropriate.
Types of Evidence You Can Use to Bolster Your Truck Accident Claim
The insurance companies will ask for proof of injuries, such as:
- Medical examination reports, such as x-rays
- Doctor’s notes
- Hospital bills
- Photos of your injuries
- Vehicle repair receipts
The insurance company conducts investigations to verify your claim before agreeing to compensation. It’s worth noting that an insurance company can devalue or even deny a deserved claim. Accident victims or their loved ones may experience frustrations when filing an underinsured or uninsured claim.
Having an attorney by your side can help you navigate the process and receive fair compensation. It’s advisable to file the claim as soon as possible to start your recovery journey and get the closure you need without delay.
Filing Lawsuits Against At-Fault Truck Drivers
The law allows filing a personal injury lawsuit for compensation if the at-fault driver doesn’t have truck insurance. Family members and loved ones of individuals that lose their lives in a truck accident can file wrongful death lawsuits against the at-fault parties.
The most important thing is identifying the liable parties if you plan to file any of these lawsuits. The at-fault parties in your case may include the truck driver, the trucking company, or any other third company, such as the truck’s manufacturer or maintenance provider. The truck driver is usually the first culprit, primarily when the accident stemmed from negligence, such as speeding or distracted driving.
Truck accidents are different from car accidents because responsibility may be spread between the drivers and trucking companies. Depending on the facts of your case, you can file separate lawsuits against the driver and the trucking company in your pursuit of recovering damages.
Compensation Available for Truck Accident Cases
Truck accidents can lead to injuries, property damages, and wrongful death. The insurance company may offer you various forms of compensation to cater to costs such as:
- Past and future medical bills
- Pain and suffering
- Lost wages
- Reduced earning potential
- Property damage costs
- Scarring and disfigurement
- Mental anguish
If you’re filing for wrongful death, you could request damages for your loved one’s burial and funeral bills and medical costs, as well as your loss of consortium or companionship.
Start Your Free Consultation at George Sink, P.A. Injury Lawyers Today
At George Sink, P.A. Injury Lawyers, our commitment is to walk with you on the journey to financial recoveries against injuries and damages that the truck accident caused. We’re ready to answer your questions on how to pursue your claim. Entrust us with the responsibility of filing a case to get fair compensation.
Contact us for your free consultation today.