In a truck accident, your ability to sue the at-fault party that does not have truck insurance can vary based on a few factors. For instance, Florida has a no-fault insurance system, and your ability to sue others after truck accidents may be limited.
If you suffer permanent impairments, severe injuries, or permanent scarring or disfigurement in a truck accident, you may be able to file a civil lawsuit against the at-fault parties. Otherwise, you cannot file a lawsuit. However, if the at-fault parties do not have truck insurance, you may find it challenging to collect any money from those parties for your injuries or other losses.
At-Fault Parties Other Than the Driver
If an at-fault driver was working for someone else at the time of the accident, the employer could be liable for your injuries. If more than one driver was at-fault for your accident, then multiple drivers could be responsible for the costs of your injuries.
Filing a Claim with Your Insurance Company
If the at-fault party does not have truck insurance, your insurance company may pay for your losses in a truck accident. If you have uninsured/underinsured motorist coverage or supplemental insurance coverage, your insurance company may pay you for all or more of your expenses related to the accident. Your insurance company can pay you if the at-fault party does not have enough insurance to cover the costs of your injuries if you have this voluntary type of insurance coverage.
Potential Compensation in a Truck Accident
You might be able to get compensation for medical bills related to your injuries, lost wages, pain and suffering, repairs to your vehicle, and more, depending on what kind of insurance policy you have. If you are able to seek compensation from the driver’s employer, you can also fight for these types of awards.
Motor vehicle insurance policies differ according to the coverage that you choose to carry. For example, in the state of Florida, minimum insurance requirements state that you carry $10,000 in personal injury protection (PIP) coverage. If the costs of your injuries are more than $10,000 and you do not have uninsured/underinsured motorist coverage or any additional coverage, then you may be responsible for any expenses over $10,000. Your only other option may be to sue the at-fault parties to cover those costs.
You usually have to pay a deductible before your insurance company will pay anything toward your losses. Your deductible amount varies according to your insurance policy but on average, may range from $250 to $2,500. Furthermore, if you do not have uninsured/underinsured motorist coverage or any additional coverage, your insurance company’s policy may not cover all your bills.
You might be able to get reimbursed from the at-fault parties or their insurance companies for any deductible that you have to pay. Seeking awards from an uninsured or underinsured truck driver may seem difficult, but it may be possible. You can always seek legal help from a personal injury attorney if you have any questions or want to hire a lawyer to negotiate with insurers or represent you in court.
Sharing Responsibility for the Accident
If you and the truck driver share some responsibility for the accident, potential compensation can vary based on state laws regarding comparative or contributory negligence. Some states have a scale adjusts your awards according to the percentage of responsibility for the accident.
Depending on your state’s insurance requirements, you may be eligible for compensation, regardless of fault. As explained by Allstate, PIP plans can pay you for some bills, even if you bear any responsibility for the accident.
Contacting an Insurance Company After an Accident with an Uninsured At-Fault Party
You should contact your insurance company right away after a truck accident. Many insurance policies have time limits for you to contact them about an accident. In some cases, you may only have 30 days after the date of the accident to contact your insurance company. Otherwise, the insurance company may not pay for your injuries.
If you are able or want to take your case to court, your state’s statute of limitations will pace a time limit on your ability to sue. These time frames can be as short as one year (depending on the state), so you may want to act quickly.
Seeking Legal Representation for an Accident with an Uninsured Driver
You always should call the police after an accident so that you can make a police report. Many uninsured drivers may try to convince you not to contact the police so that they do not get in trouble. However, if you do not report the accident to the police, you could lose legal protections for the losses you have suffered in the accident.
After you make your reports to the police and your insurance company, you can call Ben Crump Law, PLLC to see how a lawyer may be able to help you with your case. Even if the at-fault party does not have truck insurance, you can call (800) 235-0444 to discuss the details of your accident with a member of our team.