If you have this type of policy, you have the option of filing for an uninsured motorist claim if you are involved in a truck accident and the truck driver lacks insurance coverage. Your insurance company will be responsible for compensating your damages in this case.
You may also choose to file a civil lawsuit against the at-fault party if they do not have insurance. The liable party will have a personal obligation to pay for the damages in this case. Still not satisfied with what happens if the at-fault party does not have truck insurance? Read on for more information.
What Is Uninsured and Underinsured Motorist Coverage?
Uninsured and underinsured insurance are types of motorist coverage that protect drivers in accidents where the at-fault driver does not have insurance coverage. It also refers to situations where the at-fault driver’s insurance coverage is too little to compensate for your damages.
According to most state car insurance laws, owners of motor vehicles may only operate their vehicles after they get insurance coverage. Some people disregard this statutory provision by deciding to drive trucks on state roads without insurance. You may have to dig deeper into your pockets to cover damages when you get into an accident with these individuals.
Your insurance company can step in and cover your damages if you had an uninsured motorist coverage. Other drivers abide by car insurance laws by taking the lowest form of coverage that is still acceptable by their state’s laws. Getting into an accident with such drivers will put you in a disadvantaged position especially when you sustain severe injuries during the crash.
These drivers’ coverage will not cover all your expenses from the accident. Having underinsured motorist coverage is beneficial for such a scenario. Your insurance company will top up on what the underinsured at-fault party has provided to meet your expenses when you have this coverage.
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What Is the Minimum Coverage for Motorists?
State car insurance laws will determine the minimum amount of coverage drivers need. For example, the Kentucky Transportation Cabinet explains that motorists should have at least a liability of $25,000 per person for bodily injury sustained in an accident. The liability should not be less than $50,000 for physical injuries caused to all occupants in a car during an accident.
Furthermore, the policy must have a coverage of at least $10,000 to cover for property damage during accidents.
What Happens to the Liable Party Without Insurance?
When a person drives without insurance, it is most likely because they cannot afford the insurance. If this is the case, suing them for compensation will not yield much. The liable party will not have enough assets to compensate you even if the court directs them to compensate you.
So, what happens if the at-fault party does not have truck insurance? The state can punish them for breaking the law by canceling their vehicle registration. Depending on the state’s laws, the uninsured truck driver may end up going to jail for their crime as well. Yet, in as much as justice will be served, it will not have a direct impact on your injuries.
It’s also possible that you could pursue another party in the even that the truck driver was employed by a company that did not maintain the insurance policy.
What Should You Do When You Get Into a Truck Accident?
You should ensure that everyone in the accident is in stable condition, then call for medical help. After that, report the incident to the police even if the accident took place on private property. Get in touch with your insurance company as soon as possible and inform them that the liable party lacks insurance.
Insurance companies typically provide uninsured and underinsured motorist coverage whenever drivers buy any coverage policy. These companies will remove this policy on your coverage if you give explicit instructions for them not to include it. If you do have an uninsured or underinsured motorist policy, the chances are higher that your policy will cover your damages when you get into a truck accident.
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How Can a Lawyer Help You with the Case?
Many people are unaware of their insurance’s uninsured and underinsured motorist coverage policy. They think it is a dead-end for them when they get into an accident with a truck driver without insurance. A truck accident attorney will go over the terms of your contract and tell you ways you can recover damages. They can also determine if another party could be responsible for paying for your losses if the truck driver did not have insurance,
Contact Isaacs & Isaacs Personal Injury Lawyers for Legal Services
Isaacs & Isaacs Personal Injury Lawyers have an in-house litigation team. The team has a combined legal experience of 400 years, and they have helped secure $1 billion in settlement for clients. Contact us at 1-800-800-8888 for a case evaluation if you sustained injuries in an accident where the truck driver lacked insurance.