Truck accidents can be particularly challenging when the at-fault trucker is uninsured or underinsured. Handling these cases requires a strategic approach to ensure you receive the compensation you deserve. In fact, without the advice of an experienced semi accident attorney, you may not be able to secure enough compensation to fully cover your losses.
Our friends from Marsh | Rickard | Bryan, LLC, explain how experienced truck accident attorneys approach cases in which the at-fault driver may be uninsured or underinsured.
Understand The Problem
In the event of an accident involving an uninsured or underinsured trucker, the primary issue is that the responsible party does not have sufficient insurance coverage to pay for your damages. This situation can complicate your claim and recovery process, but there are steps you can take to mitigate the impact.
The first step is to confirm the insurance status of the trucker involved. This involves:
- Obtaining Insurance Information: Request the insurance details from the trucker or their employer. Verify the coverage limits and policy status through the insurance company if possible.
- Checking with the Trucking Company: If the trucker is employed by a company, the company might have additional coverage that could come into play.
Review Your Own Insurance Coverage
Your own insurance policy can be a critical resource in these situations:
- Uninsured Motorist Coverage: If you have uninsured motorist coverage (UM), it can help cover damages when the at-fault party has no insurance. Check with your insurance provider to see if this coverage is available and how it can be applied to your claim.
- Underinsured Motorist Coverage: Similarly, underinsured motorist coverage (UIM) can help if the at-fault trucker has insurance but not enough to cover your damages. This coverage can bridge the gap between the trucker’s policy limits and your actual losses.
Consider Legal Action
If your insurance does not fully cover your damages, or if there are disputes with your insurer, you might need to pursue additional legal action. In fact, working with an experienced truck accident lawyer may be your only recourse for securing the money you need to cover extensive medical costs, lengthy time out of work, and the pain and suffering catastrophic truck accident injuries often yield.
An experienced truck accident lawyer can help you understand your options and navigate complex insurance and legal issues. They can also assist in pursuing a claim against the trucker or their employer if additional coverage is available.
As a last resort, filing a lawsuit against the trucker or the trucking company might be necessary to recover the compensation you need. Your lawyer can help you prepare a strong case and represent your interests in court.
Explore Other Compensation Sources
In some cases, you may be able to seek compensation through other avenues:
- Third-Party Claims: If other parties are involved or if the trucker’s employer may be liable, explore potential claims against them.
- Workers’ Compensation: If the trucker was employed at the time of the accident, their employer’s workers’ compensation insurance might cover some damages if applicable.
Handling truck accidents involving uninsured or underinsured truckers requires diligence and a multifaceted approach. If you find yourself struggling with these complexities, consulting with an experienced truck accident lawyer can provide valuable support and help you navigate the path to recovery.