What Happens If the At-Fault Party Doesn’t Have Truck Insurance?

If the at-fault party doesn’t have truck insurance following a truck accident, you may have several options.

In accidents caused by commercial truck drivers, victims do not typically pursue damages based on an insurance policy held by the at-fault driver. Instead, they file a claim based on their employer’s corporate liability policy. Most companies large enough to operate a fleet of trucks also have an insurance policy in place because truck accidents do occur.

However, there may be circumstances where the truck driver’s employer does not have a policy that will cover your accident-related damages. When this happens, you may be able to file a claim with your own insurance policy’s uninsured motorist coverage.

Uninsured Motorist Coverage May Provide a Payout

Uninsured and underinsured motorist insurance coverage is not always a required policy under state insurance laws. However, many people carry this type of coverage, and it can play an important role in recovering damages when there is nowhere else to turn.

If you have uninsured motorist coverage, sometimes called UM/UIM coverage, you may be able to file a claim for your documented damages and recover compensation up to the limits of your policy. While this is not a perfect alternative, it may prevent you from paying for your medical treatment, lost wages, and other expenses out of pocket.

If you do not carry uninsured motorist coverage, there may be another option to consider.

Some Companies May Have the Assets to Cover Your Damages

If the trucking company does not have a liability insurance policy but has the assets to cover your losses, you may be able to file a personal injury lawsuit against them.

Personal injury lawsuits may allow accident victims to hold the responsible parties accountable and recover damages. You may also decide to take a lawsuit to trial if the trucking company does have insurance, but they are not willing to make you a fair settlement offer.

Filing a lawsuit may allow you to secure compensation for your accident-related bills, losses, and other damages.

A Truck Accident Lawyer May Be Able to Manage Your Case

Working with a truck accident lawyer may be a good solution to an accident where the at-fault party does not have truck insurance. When you hire a lawyer to work for you, they can investigate your case and communicate with all involved parties on your behalf.

A lawyer may be able to decide whether there is an at-fault party with insurance to pursue, if and when to take a lawsuit to trial, or if you should file a claim against your own uninsured motorist policy. A lawyer may also be able to identify additional parties who share liability for your accident, such as a negligent mechanic or municipality.

Note that there are limits to how long you may have to recover compensation via a lawsuit. A general statute of limitations pertains to personal injury lawsuits and wrongful death lawsuits in each state. This time limit may vary between one to two years, though some exceptions may apply.

Distasio Law Firm May Be Able to Help You

At Distasio Law Firm, our team is committed to helping truck accident victims. We understand that the aftermath of a truck accident can be more stressful if the at-fault party doesn’t have truck insurance.

A truck accident lawyer from our firm may be able to reduce your worry by exploring all legal options on your behalf and helping you seek compensation for the damages you suffered. When you partner with Distasio Law Firm, you can work on healing from your injuries while we can handle all communications, investigations, deadlines, and paperwork in your case. We can also answer your questions, keep you informed about your case, and provide legal advice along the way.

Distasio Law Firm represents clients on a contingency-fee basis with no up-front payments necessary. We only collect attorney’s fees for our labor if and when you recover compensation in a settlement offer or court award.

Distasio Law Firm invites truck accident victims like you to call for a free, no-obligation consultation on your case at (813) 259-0022. A representative of our firm is standing by to answer your questions and discuss your legal options today.


Our main office is here in Downtown Tampa, Florida in the Channelside neighborhood. Office in Wesley Chapel and Largo are available by appointment only.

Distasio Law Firm