Truck accidents are a nightmare situation at the best of times. The massive bulk, heavy weight, and high clearance of these vehicles often mean serious injuries. However, what happens when you are involved in a truck accident and receive injuries when the party who is at fault is an uninsured motorist?
While recovering compensation from a truck accident with an uninsured truck driver has the potential to be difficult, it is nothing that an experienced personal injury lawyer from The Law Place cannot handle. Our passionate team has amassed over 75 years of auto accident experience between them and is available to you following a free consultation at no obligation over the phone. All our cases are no-win-no-fee, so there is no risk involved in trying to recover the compensation that you deserve.
Accident victims who have been involved in a truck accident case in the past for years should call as soon as possible on (941) 444-4444!
How Your Insurance Coverage Will Impact a Truck Accident Involving an Uninsured or Underinsured Driver
To begin the process of making a claim after a truck accident, you must first speak to your own insurance company. This will begin the claims process. Please note that you should be careful what you disclose to your insurance, as it can impact your settlement amount, but we will go into more detail on that further down the page.
How your claim will work when the at-fault party doesn’t have truck insurance depends on the specifics of your car insurance policy. Unfortunately, the most basic insurance coverage will likely not include considerations for truck accidents with an uninsured driver.
If the policy you hold from your insurance provider contains underinsured motorist coverage and/or an uninsured motorist policy, seeking compensation should not be too difficult. It may also be possible for your insurance company to offer supplemental coverage in the event of an accident with a truck driver who is not adequately insured.
As these are not mandatory policies, you may not qualify to make an uninsured motorist claim through your own insurance company. However, a car accident lawyer from The Law Place can still help you to file a lawsuit to recover compensation.
For a free legal consultation, call 941-444-4444
The Minimum Insurance Requirements in the State of Florida
Under Florida Statue 627.7407, Florida is a no-fault state, which means that all insurance claims take place with the individual’s insurance company, no matter who was at fault for the truck accident.
This means that you are legally required to carry a Personal Injury Protection (PIP) policy. Other policies, such as uninsured motorist coverage and liability insurance, are optional.
However, there are limits to the minimum PIP insurance, as per Florida Statute 627.736. This means that your insurance company is limited to a $10,000 payout for disabilities and medical benefits and $5,000 in the case of any fatalities. This may mean that it is impossible to seek fair compensation when the other driver does not have adequate insurance coverage.
In the situation where the at-fault party does not have truck insurance, what happens is that you will need to file a claim or lawsuit with the help of a lawyer to achieve a fair settlement.
Filing a Personal Injury Lawsuit Against the at-Fault Driver After a Truck Accident
If the other party doesn’t have truck driver’s insurance and you do not have uninsured motorist coverage, a truck accident lawyer can still help you file a personal injury lawsuit to seek compensation for your injuries, medical expenses, property damage, and more.
To do this, your team of personal injury lawyers will need to demonstrate negligence, as per Florida Statute 768.81. To do this, your truck accident lawyer must demonstrate the following:
- That the at-fault party in the truck accident owed you a duty of care.
- That the at-fault party violated this duty of care to you, thus demonstrating negligence.
- That you received injuries, complications, or damages as a result of this violation of the duty of care by the at-fault party.
If all of these things can be proven after you file a lawsuit, it is likely that you will be able to secure compensation. To find out more about how this works with your specific uninsured motorist claim, call us today for a free legal consultation.
What Damages Can a Truck Accident Lawyer Help You to Claim For?
If the at-fault truck driver or trucking company lacks truck insurance, you can still seek compensation for the following damages:
- The cost of medical treatment, including physical therapy if necessary.
- The value of your vehicle damage or other property damage due to the car accident.
- Any lost wages as a result of being forced to spend time off work recovering from the truck accident.
- Your pain and suffering, which are calculated by looking at the duration of your recovery process, the pain involved throughout, and the presence of any permanent changes to your lifestyle.
- If you lost a loved one due to the negligence of an uninsured truck driver or trucking company, Florida Statute 768.21 allows you to claim for their lost income, funeral expenses, and personal losses to your family members.
To find out which of these categories apply to your accident involving a trucking company, get in touch today for a free case evaluation. We will provide you with free legal advice specific to your situation.
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How Long After the Event Can Accident Victims Claim for Compensation?
In Florida, all car and truck accidents are constrained by the statute of limitations, as per Florida Statute 95.11.
This means that you are only able to raise a claim with a trucking company or driver up to four years from the exact date of your truck accident. For wrongful death claims, this period is only two years from the exact date of the accident.
Just because you have several years does not mean you should delay. The quicker the claims process begins, the larger payout you can expect – so call today for a free case evaluation and get the process started.
How to Deal With Your Insurance Company if You Have Uninsured Motorist Coverage
If the other party does not have truck insurance, but your policy covers uninsured truck drivers, you will need to get in touch with your insurance company.
However, remember that all insurance companies are for-profit enterprises. This means it is in their best interest to pay out the smallest amount of compensation possible to preserve their bottom line.
Speak to your lawyer before the call and ensure you only disclosure the minimum possible information to safeguard your claim. Also, never ever sign anything without your attorney present.
If your insurance provider is offering an unfair settlement for your truck or semi-truck accident, your attorney can also help you to negotiate a fair amount.
What to Do After Truck and Car Accidents to Protect Your Claim Amount
Whether you intend to go through your own insurance, file a claim, or file a lawsuit against the other driver, there are some things you should always do after an accident if you are able to do them safely.
These are as follows:
- Contact law enforcement. Not only is this a legal requirement for any accident involving truck drivers under Florida Statute 316.062, but the police report will also provide useful evidence for your claim.
- Get any injuries checked by a medical professional. Both for your own personal safety and because Florida Statute 627.736 requires you to seek medical assistance within 14 days to make a claim.
- Take photographs of everything on the scene when it is safe to do so. This includes any injuries you sustained, vehicle damage to every vehicle involved, registration plates, skid marks on the road, and any other environmental damage.
- Seek contact details from everybody involved, both the at-fault party and anybody who could stand as an eyewitness.
- Photograph your injuries at every stage of their recovery, retain your medical bills and correspondence with your employer detailing any time you had to spend off from work and seek a copy of your medical history.
- Contact a lawyer as soon as possible for a free consultation regarding your situation.
Contact The Law Place Today
If you have been involved in an uninsured truck driver accident in the past four years, whether you have adequate coverage or not, we can help you to maximize your compensation.
Call us today for a free consultation at no obligation to find out how we can help. All of the information you disclose will be fully legally protected by the bounds of the attorney-client relationship, and your personal injury case will be conducted on a no-win-no-fee basis.
Start the journey towards fair compensation today by calling (941) 444-4444!