What if a Truck Driver Hits Me & They don’t Have Insurance?

What if a truck driver hits me and they don’t have insurance? Get medical help, report the accident to the police, and get the truck driver’s contact and vehicle information. 

In the days following the incident, consult with a New Orleans truck accident lawyer to review your legal options in detail.

What if a Truck Driver Hits Me & They don’t Have Insurance in Louisiana?

The Louisiana Department of Transportation & Development has truck insurance requirements. If a trucker is operating their vehicle without insurance, they are breaking the law. As such, a truck driver who hits you and does not have insurance can face serious consequences.

For truck drivers, the penalties for driving without insurance in Louisiana vary. A trucker who is driving without insurance could be subject to fines or a suspension of their license. Along with these penalties, the driver or their employer could be held accountable for any losses you incur in your accident. 

When in doubt about what to do if a truck driver hits you and does not have insurance coverage, meet with the team at Scott Vicknair Injury Lawyers. We have received over 1,400 five–star Google Reviews and continue to do everything we can to assist clients in truck accident cases and other personal injury lawsuits. Discuss your case with our team.

Do I Have to Notify My Insurer if a Trucker Hits Me and They don’t Have Insurance?

After a truck accident, tell your auto insurance provider, regardless of whether the trucker has insurance. Your insurance company will collect information about your accident. If you have uninsured motorist coverage, you could receive compensation for damage to your car and similar accident losses. 

In Louisiana, you are legally required to carry auto insurance if you drive a car. Louisiana is considered an “at–fault“ state relative to car insurance. This means if a truck driver slams their vehicle into yours and has coverage, your insurer could work with this party’s insurance company to help you get compensation.

Alternatively, in a situation where a truck driver crashes into you and does not have insurance, you could have grounds for a lawsuit. To find out, speak to a truck accident attorney. If a lawyer believes you have a valid claim, they can help you submit a lawsuit and pursue the optimal case results.

Should I Take Responsibility for an Accident if a Trucker Hits Me and Does Not Have Insurance?

You should not take any responsibility for a truck accident, as doing so can hurt your chances of recovering damages. If a trucker pressures you to accept responsibility, do not say anything. Instead, get legal help and have a lawyer handle your accident-related communications on your behalf. 

In your lawsuit, your lawyer can provide insights into how to negotiate a higher truck accident settlement than what the defendant may believe they should have to pay. Your attorney can build a body of evidence to support your case. They will look for ways to prove that you are in no way responsible for your accident.

Your attorney can keep the lines of communication open with you as they negotiate a settlement. If no agreement is reached, you and your lawyer can present your case to a judge or jury. You can explain why you should recover damages and why the trucker who did not have insurance coverage should be held fully responsible. 

When Should I File a Lawsuit Against a Trucker Who Does Not Have Insurance?

According to Louisiana Civil Code (CC) Article 3493.1, there is a two-year window in which you can sue for damages based on a personal injury. If a trucker hits your car and does not have insurance, you have up to two years from the date of the incident to file a lawsuit. Beyond this period, you may be ineligible to request damages from them. 

Your lawyer understands the window for suing an at-fault truck driver is limited. Thus, they will encourage you to submit your lawsuit promptly. Once your lawsuit is filed, they will work diligently to prepare your argument. 

Typically, you can sue an at-fault trucker or their employer for damages. However, there are times when a cargo loader, truck manufacturer, or another third party can be held responsible for a truck crash. Your lawyer can explain how improper maintenance causes preventable truck accidents and help you seek maximum damages from any parties liable for your collision.

How Much Money Can I Get in a Lawsuit Against an Uninsured Truck Driver?

The damages you can recover in your truck collision lawsuit depend on the severity of your injuries and other factors. Your attorney may urge you to ask for economic and non-economic damages. There are many reasons why a judge or jury may award you damages, and these include:

• Car repairs or replacement
• Medical expenses
• Loss of income
• Pain and suffering

Saying you deserve these or other damages is not enough to secure compensation. Your lawyer understands this, and they can help you gather medical records, witness statements, and other evidence. If you have a compelling body of proof, the defendant in your truck accident lawsuit may be inclined to propose a fair settlement.

Should I Settle a Truck Accident Case Involving an Uninsured Trucker?

You are not legally obligated to settle your case, but this option may be available. If the defendant in your lawsuit offers a settlement, you can review the proposal with your lawyer. At this point, your attorney can help you determine if it is in your best interests to approve the offer. 

There are times when a defendant offers a lowball settlement. By approving this offer, you may have to cover some or most of your accident losses on your own. Therefore, if a settlement proposal is far less than what you want, you may want to decline it and continue with your litigation. 

If you get a settlement offer that lines up with your expectations, consider it carefully. You can approve the offer, which allows you to receive compensation without having to go to trial. If you move forward with this option, you can secure damages you can start using right away.

Hire a Truck Accident Lawyer to Assist You with Your Case Against an Uninsured Trucker

Scott Vicknair Injury Lawyers has helped truck accident victims and other clients recover more than $100 million in damages to date.

Our legal team is available to help you with your truck collision case. Request a free case review.