What Happens if the At-Fault Party Doesn’t Have Truck Insurance?

If the party responsible for your truck accident does not have insurance, you may need to seek compensation through an uninsured/underinsured motorist policy. However, you can only take this step if you purchased a policy before the accident.

You may also file a lawsuit against the at-fault party in some cases. An Atlanta truck accident lawyer can explain what happens if the at-fault party doesn’t have truck insurance and review the steps you need to take after this kind of collision.

Your Options if the At-Fault Party Has No Truck Insurance

Your options in an uninsured or underinsured truck accident will depend on the liability laws in your state. If you live in a no-fault state, you would file a claim with your auto insurance company for your damage, regardless of who was at fault.

In Georgia and all other “at-fault states,” the at-fault party in an injury accident is responsible for all damages. The at-fault driver’s insurance company covers the costs when an auto accident happens. However, you cannot take this option if the at-fault driver has no insurance.

Instead, an Atlanta uninsured motorist accident lawyer may focus on:

Using Uninsured Motorist Coverage

When you get into an accident with an uninsured driver, you can file a claim with your insurance company for uninsured motorist coverage. Although this coverage is optional, you must opt out by unchecking a box when you purchase insurance coverage. So, most drivers have uninsured motorist coverage without even knowing it.

Most policies in Georgia limit uninsured motorist coverage to:

• $25,000 per person
• $50,000 per accident

Since truck accidents can be severe, this may not cover all your damages. However, it can help to lessen the burden as you seek further action against the uninsured driver.

Filing a claim for uninsured motorist coverage should not affect your insurance rates, and it doesn’t prevent you from also bringing a claim against the at-fault driver.

Bringing a Claim Against the At-Fault Party

You can try suing the at-fault party for the compensation you deserve. The problem here is that often when a driver or company does not have the minimum insurance coverage, it’s because they don’t have many assets.

Filing a Claim with Another At-Fault Party

Sometimes, there is more than one at-fault party in a truck accident. If one party has insurance coverage, you can file a claim for a portion of your damages with their insurance company.

In Georgia, the percentage of a party’s liability for damages will depend on their percentage of fault (Georgia Code § 51-12-33). Knowing who can be sued in a truck accident case can help you feel more confident after a collision.

An Atlanta personal injury lawyer can review these options more thoroughly and explain what happens if the at-fault party doesn’t have truck insurance.

Don’t Give Up if the At-Fault Party Has No Truck Insurance

Although it can feel hopeless after you find out the at-fault party in your truck accident doesn’t have insurance, don’t assume there are no options. You may have more resources available to you than you think.

You should contact a trusted truck accident lawyer as soon as possible so they can help you explore all options. The bottom line is that you should not have to pay for the costs of an accident you didn’t cause, especially if the accident was severe (as truck accidents often are).

What Happens if the At-Fault Party Has Insufficient Truck Insurance?

If the at-fault party is underinsured, you may still be able to seek compensation from their insurance company. Although their coverage may not be enough to cover all of your damages, you may be able to recover some to help.

Unfortunately, when the at-fault party in an auto accident is uninsured or does not have enough insurance, recovering the money you deserve is not easy.

As soon as you find out the at-fault party is not insured or underinsured, you should contact an experienced truck accident lawyer in your area. They can begin investigating immediately, so you’ll know all of your options.

What Should You Do After a Crash with an Uninsured Trucker?

The first thing you can do after a truck accident is to call an experienced personal injury lawyer. They can look at the specific details of your case and make suggestions based on your options.

If you get into an accident with a truck driver, it’s reasonable to assume they have sufficient auto insurance to cover your damages. Unfortunately, this is not always the case.

An uninsured or underinsured driver can leave you in a challenging position, but it doesn’t mean you have no options. A personal injury attorney may review your underinsurance motorist coverage or discuss filing a personal injury lawsuit to bring you compensation for your:

• Medical expenses
• Lost wages
• Pain and emotional distress
• Mental anguish
• Property damages

You can take legal action and learn more about what happens if the party at fault for your accident doesn’t have truck insurance.

Why Would a Truck Driver Not Have Adequate Insurance?

When a truck driver operates a vehicle while uninsured or underinsured, it’s typically because of reasons like:

• The driver works as an independent contractor.
• The driver might work for a company that doesn’t satisfy the government requirements for commercial vehicles.
• The trucking company only carries the minimum insurance coverage, and your damages exceed that collision coverage.

Regardless of the reason for the decision, a lawyer can take steps to bring you fair compensation.

Truck Insurance Requirements in Georgia

The amount of auto insurance commercial trucks must have varies per state. In Georgia, trucks must usually have $750,000 or more in liability coverage. Intrastate trucking also requires liability coverage of $100,000 or more per person and $300,000 per accident.

While most companies are smart enough to carry the required insurance coverages, those who perform more local transportation may not be as responsible for maintaining the right amount of insurance.

It can be a horrible feeling to get injured in a truck accident—which often leads to very serious medical expenses and other damages—then realize that the driver has insufficient auto insurance. Don’t assume you have no options, though. Contact an experienced truck accident lawyer to figure out what you can do.

Talk to a Truck Accident Lawyer in Georgia for Free Today

What happens if the at-fault party doesn’t have truck insurance after a commercial vehicle accident? In this situation, your legal options may involve filing a civil lawsuit or seeking a fair settlement through an uninsured motorist claim.

At John Foy & Associates, we are committed to getting you the compensation you deserve. For over 25 years, we have been helping injury victims win the money they need to cover their costs and move on from their accidents.

Let us give you a FREE consultation to discuss the details of your accident and how we can help.