I was involved with an independent truck driver who claims to be unemployed and uninsured. How do I recover for damages?

Question: The day after I was sideswiped by a truck, I decided to return to the scene of the accident. I traveled down the road that the truck had been coming from and noticed there was a large tavern there, with parking for big rigs out back. I took pictures of the entire area with my cell phone.

Shortly after the truck driver and I started to exchange personal identity and insurance information, he told me he didn’t have insurance but he did have a truck driver license and wanted to know if I’d let him pay for my repairs out of his own pocket. Not sure what I should do, I quickly jotted down the address on his driver’s license, the Texas truck license and the phone number he gave me. I told him I’d get in touch the next day. He now claims to be unemployed and says he’s unable to pay for the repairs. How can I get help?

Response: Your own auto insurance policy should cover you for accidents involving uninsured motorists. Ask a local truck accident law firm to review your policy and recommend the best way for you to proceed. If that truck driver has no job or other major assets, you may eventually have to get a judgment against him and place a lien on his truck. However, such decisions must be made by your truck accidents lawyer.

Be sure to share your photos with your attorney. Don’t get your car fixed until it can be fully examined by your lawyer and your insurance company. Given the location of the tavern you mentioned, it’s likely you were hit by a drunk driver. If he was a repeat drunk driving offender, he was probably eager to mislead you about whether or not he had auto insurance. Ask your attorney to research that issue and find out whether the man was driving on a suspended license. While your auto insurance company can handle much of this for you, it would still be wise to consult with your own private lawyer.

Answered by Elizabeth Smith

Additional Resource: Independent Truck Driver Liability

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