Truck Accidents – Uninsured Motorists

Truck accidents can be especially devastating. The sheer size, weight, and impact of these vehicles can cause life-changing injuries, even at slow speeds. So what can you do when an uninsured trucker hits you? In this QA article, attorney John Rosenberg will break down your legal options when a trucker without insurance causes you injury.

What Happens If I’m Hit By An Uninsured Truck Driver In California?

If an uninsured trucker hits you, you can file a claim under your own Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage, assuming that you have this auto coverage and have not waived it in writing.

UM and UIM in California will typically cover expenses related to bodily injury, lost wages, and vehicle damage up to your policy limits.

While you also have the option of suing the uninsured trucker directly, this avenue will probably not allow you to collect significant damages, especially if the truck driver does not have considerable personal assets.

How Does Uninsured Motorist Coverage Apply To Truck Accidents?

UM and UIM coverage applies to uninsured commercial truck drivers in the same way that it applies to uninsured drivers of SUVs, sedans, and pickup trucks. It steps in when the at-fault truck driver does not have insurance, or when their policy doesn’t cover all of your damages.

UM and UIM policies generally allow you to recover for medical costs, lost wages, and damage to your vehicle.

Can I Sue An Uninsured Truck Driver Personally After An Accident In California?

Yes. You do have the legal right to file a lawsuit against an uninsured commercial truck driver to recover damages such as medical bills, lost income, and damage to your vehicle. However, even if you do win in court, you may face serious challenges collecting if the individual truck driver does not have the assets to cover the award.

As a result, it is generally better to have and rely on UM and UIM coverage from your own insurance provider.

What Are My Legal Options If The Trucking Company Denies Responsibility And The Driver Is Uninsured?

If both the individual trucker and the trucking company deny responsibility for your accident and the driver is uninsured, you have a few legal options.

1. You could file a UM or UIM claim with your own insurance provider if you have this coverage.
2. You could sue the individual driver for damages, though your ability to collect will depend on their available assets.
3. Finally, you may be able to identify other liable parties (such as the party who hired and trained the driver or equipment manufacturers) and sue them for the damage caused.

An experienced personal injury attorney can help you explore your options and seek the maximum damages possible given the circumstances of your case.

Keep in mind that you have two years from the date of your accident to file a claim, making it important to gather evidence and identify liable parties as soon as possible.

Injured By An Uninsured Trucker? Reach Out Today!

Truck accidents can be especially devastating both physically and mentally. To make sure all of your legal options are covered and explored, it’s best to reach out to an experienced personal injury attorney, especially when the driver is uninsured.

Have questions, or in need of legal guidance? Reach out to the Law Offices of John P. Rosenberg at (818) 716-6400 for an initial consultation today.