What Happens If An Accident Occurs With an Uninsured Truck Driver?

Truck accidents are scary on their own – when you find out the truck driver is uninsured, the situation is even worse. Depending on the circumstances of the accident, you may be able to seek compensation from the truck driver, their company, a third party, or even your own insurance. The process typically begins with a careful investigation into how the crash occurred, why the driver was operating without insurance, and the full extent of your damages.

That’s where our experienced team of truck accident lawyers comes in. At Larson Law Injury & Accident Lawyers, we’re committed to helping you seek compensation after you’re harmed by another person’s negligence. Call us today to set up a consultation right away.

Are truck drivers required to carry insurance in North Dakota?

North Dakota requires drivers to carry auto insurance. With trucking playing a crucial role in the state’s economy, there’s no shortage of truck drivers throughout Minot, Fargo, and other cities – and they have even more stringent insurance requirements. It’s important to note that state minimums for commercial insurance are unlikely to cover the actual costs of a serious truck accident, simply because these collisions cause so much more damage than the average car accident. Most companies opt to carry policies with much higher insurance limits, so a truck driver who is completely uninsured is putting themselves and others in a dangerous position.

Who pays if the truck driver is uninsured?

Depending on how your accident occurred and what caused it, parties that may pay for your losses include your insurance company, the trucking company’s insurance, the truck driver (without going through insurance), the cargo loader, or the vehicle manufacturer.

North Dakota no-fault (PIP) coverage

North Dakota is a no-fault state, which means that after a crash, your own insurance initially pays certain losses regardless of who caused the accident. This coverage is called Personal Injury Protection (PIP).

PIP provides up to $30,000 in benefits, including medical expenses and partial wage-loss benefits. It only applies to economic losses and does not compensate for pain and suffering or other non-economic damages.

Uninsured motorist coverage in truck accidents

In addition to no-fault coverage, North Dakota policies must include uninsured motorist (UM) coverage of at least $25,000 per person and $50,000 per accident.

Uninsured motorist coverage applies when the at-fault driver has no insurance and may compensate you for losses not covered by PIP, including pain and suffering and other non-economic damages.

Because uninsured motorist claims often rely on your own insurance after a serious truck crash, many drivers choose to carry uninsured motorist limits higher than the state minimum. Increasing this coverage can provide important protection when a truck driver has no insurance or insufficient coverage to fully compensate you.

Trucking company or motor carrier

If the driver is employed by a trucking company, that company is likely to be liable for the damage they cause in a crash, even if the individual driver is uninsured. Employers can often be held liable for their drivers’ actions in the scope of their work. If they were hauling cargo for a specific carrier or on the instructions of a carrier, the carrier’s insurance may be forced to cover the damage caused by the driver.

Owner-operator vs. company driver issues

Trucking companies may attempt to evade liability for accidents by labeling drivers as independent contractors rather than employees. This is important, but the main factor isn’t what they label them – it’s the work they do, who determines their schedule and what loads they take, who owns the truck, and other factors. A company that misclassified an employee as an independent contractor can still ultimately be held liable for that employee’s actions.

Third-party liability

Truck accidents tend to be fairly complex, and there are often multiple liable parties involved. When that happens, you may be able to secure compensation from third parties who contributed to the crash. Freight brokers who hire unsafe carriers may be liable, and cargo securement problems may create liability for the motor carrier/driver under FMCSA rules; a shipper/loader may also be liable under state negligence principles depending on who loaded/secured the cargo and the circumstances. Other potentially liable parties include maintenance companies that do inadequate work or completely skip necessary repairs and vehicle manufacturers that produce unsafe vehicles.

What if no insurance is available at all?

If the at-fault truck driver has no insurance, compensation may still be available through your own policy. In most cases, PIP coverage applies first, followed by uninsured motorist coverage for additional losses such as pain and suffering.

Even then, these coverages can be exhausted quickly in a serious truck accident, which is why identifying all available insurance and liable parties is critical.

When this happens, you may have to sue the at-fault party in court to try to recover your losses. But this route has practical challenges that your truck accident attorney will inform you of. An uninsured driver is likely to have limited assets, and getting a judgment against someone is not the same as actually collecting from them. A successful verdict doesn’t automatically mean you’ll get paid, and an unenforceable judgment is unlikely to bring you closure.

Steps to take after a North Dakota truck accident

Taking the right steps after a truck accident means protecting your health, getting the driver’s information, and safeguarding your right to seek legal action. We recommend:

• Calling the police: A police report makes it easier to document the facts of an accident, prove what happened to your insurance, and make a case for the other party’s liability.
• Documenting the scene: This is a critical part of proving how the accident occurred and what losses you suffered. Take photos and video footage from different angles and distances to preserve the crash scene, document the damage, and provide context to accident reconstruction experts.
• Seeking medical care: Seeking medical care after a truck accident should be non-negotiable. The risk of severe injuries is high when you’re up against a truck that weighs 20 times what your vehicle weighs. Keep copies of any medical records or test results you get.
• Talking to a truck accident lawyer: Your next step is talking to a truck accident attorney in North Dakota. They can look into what happened, the truck driver’s insurance, the trucking company’s insurance, and different ways you may be able to recover compensation.

Take your first step with Larson Law Injury & Accident Lawyers

If you’ve been injured during a truck accident and you’re worried that the driver may be uninsured, let’s talk about how we can advocate for you. Give us a call today or reach out online to set up a consultation.