What Happens if the At-Fault Party does Not Have Truck Insurance?

Get the Help You Need Now
Contact Schiller & Hamilton Law Firm
Free Consultation
★★★★★ Google 300+ Google Reviews

Were you or someone you love injured in a recent truck accident with an uninsured driver? Wonder what happens if the at-fault driver doesn’t have insurance? You still have the right to seek compensation to cover your medical bills and property damage through a personal injury lawsuit.

The at-fault party is responsible for reimbursing you even if they do not have the minimum insurance required by your state. A truck accident lawyer can explain your options when the at-fault party does not have truck insurance. In addition, they can ensure your injuries and related expenses are not undervalued or underpaid.

A Personal Injury Lawyer Can Help You Understand Your Compensation Options

The attorney representing you after a truck accident can help you identify the at-fault parties. They can also help you handle all the details involved in pursuing financial recovery.

Your lawyer will do all the following:

  • Investigate your accident
  • Gather supporting evidence
  • Draft and file your potential lawsuit
  • Handle all case-related communication
  • Clarify legal and insurance jargon
  • Interview accident witnesses

Wherever possible, they will also negotiate a fair and acceptable monetary settlement. Finally, your lawyer will represent you if your case goes to trial because the at-fault party was uninsured.

Make Sure You Check Whether Potential At-Fault Parties Carry Insurance

Truck accidents can become complicated because there could be more than one at-fault party. So, before exploring other compensation options against an uninsured driver, consider all potentially liable parties.

Besides the truck driver, liability for the crash might fall on:

  • The truck company
  • A government agency
  • The truck manufacturer
  • Truck parts manufacturers
  • The cargo loading company
  • The truck maintenance facility

A truck accident lawyer can help you identify all liable parties based on the cause of your accident and its contributing factors. They can also help you explore all possible insurance options.

When Your Insurance Provider Is Responsible for Coverage

Uninsured motorist (UM) coverage can help you recover damages after an accident when the other driver does not have insurance. Depending on your state, UM coverage could be a mandatory part of your insurance policy. For example, South Carolina requires motorists to purchase a UM policy.

If you have this coverage, inform the legal team handling your case. Your attorney can help you assess your damages and explain the steps in seeking compensation by tapping into your auto insurance.

Filing a Personal Injury Lawsuit After a Truck Accident

Pursuing a personal injury lawsuit is an involved process. For example, your lawyer will file your suit. Then, each party will prepare for trial. Even while negotiating a potential settlement, attorneys for both sides will:

  • Investigate the accident’s cause
  • Gather facts and evidence
  • Conduct discovery sessions
  • Hold depositions or interrogatories
  • Prepare exhibits for trial

If settlement talks falter, each side will present its case to a judge and jury, who will render a final decision. If they decide in your favor, they will determine how much compensation you recover.

Take Immediate Action to Protect Your Right to Financial Recovery

The sooner you start building your case and pursuing the at-fault party, the better. Many personal injury cases like yours settle out of court. However, since that usually involves an insurance settlement, a case involving an uninsured driver could require a lawsuit to resolve it.

Your state will determine how long you have to file a lawsuit. For example, S.C. Ann. § 15-3-530(5) gives South Carolinians three years to file a personal injury case. Your truck accident lawyer will explain the applicable filing deadline. With sufficient notice, they will also file your lawsuit within the allotted timeline.

Know What Compensation You Are Entitled to Recover

Whether you seek compensation via an insurance claim or a personal injury civil suit, you can recover multiple forms of payment. For instance, your recoverable economic damages can include:

  • Past, present, and future medical bills
  • Past, present, and future income loss
  • Treatment-related travel expenses
  • Property damage or total loss
  • Diminished property value

You can also recover a range of noneconomic damages, including:

  • Lasting disability or disfigurement
  • Ongoing pain and suffering
  • Mental and emotional distress
  • Loss of enjoyment of life

If a truck accident resulted in a family member’s death, you could recover wrongful death damages. These can include funeral and burial expenses and the loss of your loved one’s income and domestic contributions to your family. Again, your lawyer will review your case to determine who has standing to claim wrongful death.

Request Your Free Case Review Today

Did you or a loved one sustain injuries in a truck accident caused by an uninsured driver? Our truck accident lawyer can explain what will happen if the at-fault party does not have insurance and how you can fight for the compensation you need to pay your mounting medical and household bills. You can learn more by contacting our case review team at Schiller & Hamilton today.

Schiller & Hamilton Law Firm

We’ve Got Your Back
Call Us for a Free Case Evaluation

"*" indicates required fields

This field is for validation purposes and should be left unchanged.