What Happens if the At-Fault Party Doesn’t Have Truck Insurance? If the at-fault party in a truck accident doesn’t have insurance, you can file a claim with your own insurance company or take legal action by filing a lawsuit.

If the at-fault party in a truck accident does not have truck insurance, you can still take action to recover compensation for your damages. For instance, you could file a claim with your own insurance company to recoup your out-of-pocket expenses and other losses from the accident. You could also file a personal injury lawsuit against the at-fault party.

If you choose the first option, seeking compensation from an insurance claim when the at-fault driver does not have truck insurance can be a complicated process. As explained by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Florida operates under a no-fault insurance system, which can impact your opportunities to seek compensation from an opposing driver’s insurance.

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Contacting Your Insurance Company After a Truck Accident

After you have received medical attention for any injuries you suffered in a truck accident, you should contact your own insurance provider. This will initiate the claims process, which can support your efforts to recover compensation from the insurance company.

With uninsured or underinsured motorist coverage on your personal insurance policy, you may be able to recover compensation that covers all or some of your damages from a truck accident. Additionally, some insurers offer supplemental insurance coverages, which can also help support you financially when dealing with opposing parties who have no insurance.

However, these policies are not required coverage plans, so your truck accident case may not qualify for these types of insurance claims.

Filing a Personal Injury Lawsuit After a Truck Accident

If you can prove that the defendant acted with negligence, you can pursue a personal injury lawsuit. Additionally, you must prove that you experienced severe injuries or permanent impairments from the truck accident to file a civil lawsuit.

According to the Legal Information Institute (LII), you must establish negligence by proving the following conditions:

  • The at-fault driver owed you a duty of care
  • The at-fault driver breached this duty of care
  • You have proof that you suffered an accident-related injury
  • The at-fault driver’s actions caused your injury

If you choose to file a lawsuit, time is of the essence. In the state of Florida, claimants typically have up to four years from the date of the accident to file a personal injury lawsuit, according to Florida Statutes § 95.11(3)(a). If you do not meet this deadline, which is known as the statute of limitations, you will likely lose your legal right to seek compensation.

Unlike an insurance claim, there is relatively no room for settlement negotiations. A judge will review the case details and make a judgment based on facts and evidence.

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Investigating All Liable Parties in a Truck Accident

If the driver who caused your truck accident does not have insurance, their employer might. If an investigation proves that the trucking company was also liable for the accident, you may be eligible to file an insurance claim against the company’s policy.

It can also help your case if you called law enforcement after the accident because that means they have likely filed a police report. Within a police report is a section that addresses fault. If the report mentions both the driver and the trucking company, you may have a stronger claim for fair compensation during insurance company negotiations.

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Florida’s Car Insurance Requirements

As stated by FLHSMV, all Florida drivers must obtain a minimum of $10,000 in personal injury protection (PIP) coverage and a minimum of $10,000 in property damage liability (PDL) coverage.

Keep in mind that if you do not obtain uninsured/underinsured motorist coverage or supplemental insurance coverage and you are involved in an accident with an uninsured driver, this required coverage will only cover up to $10,000 of your damages. If your damages exceed $10,000, that means you will be left paying for these expenses out of your own pocket. To avoid this, you could file a lawsuit to fight for the compensation you deserve.

Recovering Compensation for Your Truck Accident Damages

The damages that you may qualify for will depend on the unique nature of your truck accident. If you share any fault in causing the truck accident, you can expect your compensation to be adjusted accordingly. For instance, if you are found to be 20% liable for the accident, you would receive 80% of your damages.

A lawyer can help you determine the total value of your damages. Some examples of potential damages include:

  • Current and future medical expenses
  • Lost wages
  • Diminished earning capacity
  • Property damage
  • Auto repair expenses
  • Pain and suffering
  • Emotional distress
  • Loss of consortium
  • Loss of enjoyment
  • Any other accident-related expenses
  • Wrongful death damages

The Law Offices of Anidjar & Levine Can Help

The sooner you act after a truck accident, the sooner a truck accident lawyer can begin building your claim for fair compensation. At the Law Offices of Anidjar & Levine, we can guide you through the process of filing a claim or lawsuit when the defendant has no insurance. You worry about getting better, and we will take care of the rest.

Contact us today at 1-800-747-3733 for a free consultation about your truck accident case.