If the at-fault party doesn’t have truck insurance, you still have a few options for pursuing compensation to cover your damages. Trucking companies and drivers are required to maintain certain levels of insurance, according to the Federal Motor Carrier Safety Administration (FMCSA). Unfortunately, some parties ignore or fail to comply with this rule to cut corners.
There are a few options you should consider if you were hurt in a truck accident, but the other party does not have insurance:
- Filing a claim with your auto insurance provider to receive policy benefits
- Filing a personal injury lawsuit against the party who caused the accident in civil court
You can pursue both of these options at the same time to increase your chances of getting the compensation that you deserve, or you may choose to pursue one route.
Filing a Claim with Your Insurer
You may be able to file a claim with your insurance company to recover compensation for your injuries and damages. Louisiana law requires all auto insurance companies to offer minimum coverage for uninsured motorist (UM) accidents, according to the Louisiana Department of Insurance (LDI). This is meant to provide you with partial compensation so that you are not stuck with the consequences of an uninsured driver.
If you file a claim with your insurance company, a representative will begin an investigation into the accident to figure out what happened and whether you are entitled to benefits under your insurance policy. A few steps that your insurer will take usually include:
- Interviewing you about the accident
- Investigating the scene of the collision
- Investigating the vehicles involved in the crash
- Reviewing your medical records
- Speaking with experts
Payouts from a UM Insurance Claim Are Not Guaranteed
Insurance companies often seem like they are working in your best interests, but sometimes they try to cut corners and avoid paying you the compensation that you deserve.
You may need to provide evidence and information to support your claim for UM benefits. This can be a detailed and time-consuming process, especially if the accident left you with crippling injuries and an inability to work.
A lawyer from our firm can represent you with this process to help you bring the strongest claim possible and fight for the outcome that you deserve. We can also help you pursue compensation in court.
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Pursuing Compensation in Court
Another option you have if the truck driver or trucking company has no insurance is to file a lawsuit for damages. Pursuing a truck accident lawsuit requires you to show that the defendant acted negligently at the time of the accident. Under Louisiana law, someone who causes a collision by acting carelessly or recklessly may owe compensation to the victim of the accident.
There are a few things you are required to prove to recover the compensation you seek. These four factors are known as the elements of negligence:
- Duty – The first step is to show that the trucking company and/or truck driver owed you a duty to use reasonable care regarding the maintenance and operation of the truck.
- Breach – The second step is to show that the trucking company and/or truck driver failed to fulfill this duty.
- Causation – The third step is to show that you probably would not have been hurt if the defendant(s) had used the right level of reasonable care.
- Damages – The final step is to provide documentation to support the different types of damages you are claiming in the lawsuit.
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Establishing Your Right to Damages After a Collision
Whether you pursue a claim with your insurer or take your case to court, it is important to gather as much evidence as possible to support your case. There are many categories of evidence that can help prove your right to damages:
- Your medical records
- Eyewitness statements
- Consults with experts, like accident reconstructionists
- Consults with trucking industry experts
- Video footage from the scene of the accident
- Your own recollection of the events leading up to the accident
- Records from the trucking company
- The truck driver’s driving record
Some of these pieces of evidence may be difficult to obtain on your own, especially when dealing with the injuries you suffered. Our team may be able to help.
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How a Lawyer from Our Firm Can Help
Being hit by a truck is a catastrophic and traumatic event. It can be even more devastating if you learn that the person who caused the accident does not even have liability insurance.
Working with a lawyer can help you figure out other options available to you for recovering compensation for your damages. Our team from Laborde Earles Injury Lawyers can work with you to investigate your claim, identify your best option for recovery, and protect your rights.
The first step involves calling our office for a free consultation. This is a great opportunity to ask questions about your situation and what to do if the at-fault party doesn’t have truck insurance. Don’t wait a second longer. Call now: (337) 777-7777.
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