If you are involved in a truck accident where the other driver is at fault, you may wonder what will happen if the truck driver does not have valid insurance. If the driver who caused the accident does not have proper coverage, there may be consequences that affect your case.
In some cases, a police officer may issue the driver a citation and have their vehicle towed, requiring them to pay a charge and provide proof of insurance in order to retrieve it. A trucking company is required to have insurance, so a lawyer can assist you in pursuing legal action if the driver is uninsured.
There are certain steps you should take as soon as possible after the accident. Failure to do so could leave you without proper compensation for your damages. Read on to learn more about what happens if the at-fault party does not have truck insurance and what you can do about it.
What Legal Action Should I Take if the At-Fault Party Has Invalid Coverage?
In the event of a truck accident, your eligibility to sue the at-fault party who does not have truck insurance depends on a few criteria. For example, you can sue someone who causes an accident in Texas but does not have liability insurance.
However, while it’s possible to sue an uninsured driver in Texas, the truck driver may be judgment-proof. As a result, you may have to file your own case in small claims court or with the Department of Public Safety. Most trucking companies usually compensate victims for injuries caused by their employees.
If I Am Not At Fault, Should I File a Claim With My Insurance Company?
If you are not at fault, your ability to file a claim with your own insurance is based on your coverage policy. Your insurance company may compensate for your losses in a truck collision if the at-fault party does not have truck insurance.
If you have uninsured/underinsured motorist coverage or additional insurance, your insurance company may pay for all or any of your accident-related expenses.
What Damages Can I Recoup in a Truck Accident?
Depending on the type of insurance coverage you have, you may be able to get reimbursement for medical bills linked to your injuries, lost wages, pain and suffering, vehicle repairs, and other expenses. You can also fight for these types of awards if you are able to obtain compensation from the driver’s employer.
You may be able to receive any deductible that you have to pay repaid by the at-fault parties or their insurance carriers. Seeking compensation from an uninsured or underinsured truck driver may appear daunting, but it is doable. If you have any questions or wish to engage a lawyer to negotiate with insurance, you may always contact a personal injury attorney.
What Can I Do to Ensure That I Am Compensated After Being Hit by an Uninsured Trucker?
Here are four things you should do before consulting with an attorney if you are involved in a truck accident, and the driver does not have insurance:
File an Accident Report With the Police
Some truck drivers work for trucking companies, while others lease their trucks from an owner. If a trucker lacks the required coverage, contacting the police is a crucial step in ensuring that you are eligible to seek compensation.
Verify Your Coverages
Personal injury protection (PIP) and uninsured motorist coverage will be the most pertinent ones to have in order to have any accident-related expenses covered until legal action is taken against the trucking company.
File a Complaint With the Texas Department of Public Safety
The Department of Public Safety can help you to recover compensation so long as:
- The collision happened during the last year and ten months, and before the DPS took action against the uninsured driver.
- The truck accident has to happen on a public road, not on private land.
- You must present a truck accident report that demonstrates the negligent driver lacked insurance.
You may be able to work out a payment plan with the uninsured trucker. If you seek restitution, you must file your claim within two years following the accident.
Gather Evidence
Documentation of your damages and losses will be beneficial when filing a claim against the uninsured truck driver. Collect photos and videos of the damage, gather contact information of witnesses and the parties involved, and keep copies of all billed expenses.
Is It Hard to Find a Lawyer to Represent an Accident Case With an Uninsured Driver?
Some attorneys avoid taking claims involving uninsured drivers since most personal injury lawyers are compensated on a contingency fee basis. Considering that uninsured drivers are considered judgment-proof, taking your case can be a risk.
But the Buzbee Law Firm has years of expertise in dealing with these types of accidents. We can help you. Even if the at-fault party does not have truck insurance, you can contact us to explore the circumstances of your case free of charge.
About The Author: Tony Buzbee
Tony Buzbee earned his J.D. summa cum laude from the University of Houston Law Center after serving as a United States Marine Corps Recon officer. He is widely recognized as one of the nation’s leading trial lawyers and has received honors including Texas Lawyer Attorney of the Year and Lawdragon Leading Lawyer.
Known for taking on high-stakes litigation nationwide, Tony is respected for his leadership, courtroom advocacy, and commitment to achieving exceptional results for his clients and the community.
Client testimonials frequently praise Tony’s strategic approach, relentless advocacy, and ability to secure successful outcomes in complex cases.
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