What if an Accident Happens With an Uninsured Truck Driver?
Being involved in a truck accident can be devastating and scary. Often, truck accidents result in serious injuries, lost income, and other substantial damages. After being involved in a truck accident with a negligent truck driver, you expect them to compensate you. But what happens if an accident occurs with an uninsured truck driver? Fortunately, if you were involved in an accident in Florida with a truck driver and they don’t have insurance, you have a few options for obtaining compensation. You should speak to a qualified Florida truck accident attorney to determine your options and the best way to proceed.
Florida’s Insurance Requirements for Truck Drivers
In Florida, there are separate insurance requirements for commercial trucks, which are different from those for personal vehicles. While regular motorists are not mandated to have liability coverage, commercial trucks must carry liability insurance. The minimum required coverage for commercial trucks depends on several factors, such as the cargo type and whether the truck operates across state lines (interstate). For example, the intrastate minimum required coverage for household goods is $300,000, and for oil transport, the minimum required is $1 million. Trucks that operate across state lines must also comply with FMCSA’s liability limits, which can go up to $5 million.
Unfortunately, not all truck drivers or companies obey the law. Truck drivers who get on the road without insurance pose a significant problem for accident victims. Being involved in an accident with an uninsured truck driver can leave you facing overwhelming medical expenses, vehicle repair costs, and other significant damages.
What Are Your Legal Options if You Are in an Accident With an Uninsured Trucker?
If a truck driver is uninsured, you may have several legal options for recovering compensation. A skilled attorney can help you explore your options and determine the best path forward.
Here are some of your legal options if you are in an accident with an uninsured trucker in Florida;
- PIP Coverage
Florida is a no-fault state, meaning you can first seek compensation through your own Personal Injury Protection (PIP) coverage. While truck accidents often result in damages exceeding what PIP covers, at least you can recover some compensation.
- Uninsured Motorist Coverage
If you have uninsured motorist coverage as part of your auto insurance coverage, you can file a claim under this policy and receive additional damages, up to your policy limits. Uninsured motorist coverage is designed for such situations, when an insured is involved in an accident with an uninsured driver.
- Third-Party Liability
If the truck driver is an employee of a trucking company, the company may be held liable for the driver’s behavior. This is known as vicarious liability.
- Personal Injury Lawsuit
If the truck driver is a contractor and not an employee of any company, the company is not legally obligated to cover them in case of an accident. In such a case, you may need to file a personal injury lawsuit against the driver to recover damages. However, recovering compensation can be difficult if the driver lacks sufficient personal assets.
Contact Us for Legal Help
Contact our Fort Lauderdale truck accident attorneys at The Pendas Law Firm for help if you’ve been involved in an accident with an uninsured truck driver.
The Pendas Law Firm also represents clients in the Fort Myers, Ocala, Orlando, Tampa, Miami, Jacksonville, Bradenton, Daytona Beach, West Palm Beach, Naples, and Melbourne areas.
Source:
fmcsa.dot.gov/