Truck Drivers: Auto Insurance Claims

Yes, truck drivers can file auto insurance claims. If a truck driver is involved in an accident, they should report it to their insurance company and the local police department. The process for filing a claim depends on the specific circumstances of the accident, such as whether the truck driver is at fault and the extent of the damage caused. In some cases, it may be necessary to file a third-party claim with the other driver's insurance company. It's important to review your insurance policy to understand the specific requirements and coverages included.

If not at fault, file a claim with the at-fault party

If you are a truck driver and have been in an accident that was not your fault, you can file a claim with the at-fault party's insurance company. This is called a third-party claim. Here are some steps you can take to file a claim and protect yourself financially:

Gather Information at the Scene

If possible, try to get the following information from the other driver:

• Their name, address, and contact information
• Their insurance company name and policy information
• Take photos of the accident scene, including damage to both vehicles
• Get statements and contact information from any witnesses
• Call the police and obtain a copy of the police report

Contact the At-Fault Party's Insurance Company

You can call the at-fault driver's insurance company to file your claim. Some companies may also offer online claim reporting. Provide them with the facts of the accident and any necessary documentation. Remember to remain factual and avoid speculation or accepting fault.

Contact Your Own Insurance Company

Even if you believe the other driver is at fault, it is important to also notify your insurance company about the accident. This establishes your good-faith accident-reporting effort and can aid you if the other party's insurer denies responsibility or if their insurance was invalid at the time of the incident.

Decide if You Need to File a Legal Claim

If the at-fault driver's insurer denies your claim or refuses to pay, you may need to seek legal advice. You can file a claim with your own insurer, and they may choose to fight the other insurance company for compensation. Alternatively, you can fight the at-fault driver's insurer on your own, but you will likely need a lawyer, especially if you have suffered serious injuries.

Understand the Process in No-Fault States

In some states, known as "no-fault" states, medical bills resulting from an accident are covered by each driver's individual personal injury protection (PIP) coverage, regardless of who is at fault. In these states, you would typically make injury claims on your own insurance first and can only sue the other driver if certain qualifications are met, such as serious injury or death. Property damage claims can still usually be made on the other person's liability insurance.

File a third-party claim to avoid paying your insurance deductible

If you've been in a car accident that wasn't your fault, you can file a third-party insurance claim with the other driver's insurance company. This is called a third-party claim because you are the third party to the other driver and their insurance company.

Third-party claims can be filed for medical bills, vehicle repairs, a rental car, and lost wages if you have to miss work due to your injuries. The other driver's insurance company will process the claim, but don't expect a quick payment. They will likely want to investigate the accident to determine that their customer was at fault.

If the other driver doesn't have insurance or enough insurance to cover your damages, you can file a claim with your own insurance company, called a first-party claim. If you have collision coverage, your insurance company can pay the cost of your damages and then try to collect from the other driver's insurance company. You will probably have to pay a deductible, but you may be able to recover this amount later.

If the other driver is uninsured or doesn't have enough insurance, and you have UM/UIM coverage, you can file a claim under your own policy. If you are injured, you may also want to talk to a lawyer who handles auto accident cases.

• Contact your own insurance company to notify them about the accident. This is important even if you don't think you will need to rely on your own coverage.
• Notify the other driver's insurance company that you are making a claim. Most companies allow you to start a claim online or by calling an agent.
• Provide basic information about the accident, including your contact information, the other driver's name and insurance policy number, and the date and location of the accident.
• Follow up with a written letter, sent certified with a receipt.
• File your claim promptly. Most insurance policies require claimants to report accidents within a few days.

If in a no-fault state, file a claim with your own insurance company

If you live in a no-fault state and are involved in a car accident, your own insurance typically covers your damages, no matter who caused the accident. However, you may still be able to sue the other driver in certain situations.

In no-fault states, drivers are required to make injury claims on their own insurance first. These states require personal injury protection (PIP) insurance for this purpose. You can sue another driver only when certain qualifications are met, which are defined by each state. In many cases, serious injury or death must occur before you can sue another driver in a no-fault state. Property damage claims can usually still be made on the other person's liability insurance.

After a car accident, you can make a no-fault insurance claim under your personal injury protection (PIP) coverage. No-fault coverage varies from state to state, but it typically includes compensation for lost income, the cost of replacement services, and funeral costs if someone died as a result of the accident. It is important to note that "pain and suffering" damages are generally not included in no-fault claims.

No-fault car insurance is mandatory in around a dozen states, while a handful of states follow a "choice" no-fault system, allowing claimants to choose whether to be insured under no-fault or the traditional liability-based insurance system. Every state offers some form of no-fault or PIP insurance as an add-on to other car insurance policies.

If you are involved in a car accident in a no-fault state, it is advisable to report the accident to your insurance company, even if it is not your fault. This ensures timely assistance, coverage for repairs and medical benefits, an efficient claims process, and peace of mind.

If the at-fault party doesn't have insurance, contact your own insurer

If the at-fault driver doesn't have insurance, you may still be able to seek compensation, especially if you hire an attorney to help you. Here are some steps you can take:

Uninsured/Underinsured Motorist (UM) Coverage

Uninsured/Underinsured Motorist (UM/UIM) coverage is provided by your own car insurance company. It is an optional coverage, but most drivers have it unless they specifically opted out when buying their policy. If you are unsure whether you have this coverage, contact your insurance carrier to find out. UM/UIM coverage helps pay for your damages if you are hit by a driver without insurance or who doesn't have sufficient coverage.

Filing an Uninsured Motorist Claim

If you are hit by an uninsured or underinsured motorist, act quickly as the time to make these claims is usually very limited, and you may not have more than 30 days to get started. After you make a claim, your insurance company will investigate the facts, including the nature of your injuries and the medical treatment you receive. If you feel they are not acting in good faith, contact a car accident lawyer right away.

Standard Collision Coverage

You can add collision coverage to your policy, which will help you pay for repairs to your vehicle after an accident, regardless of who is at fault. Collision coverage only applies to collision costs and does not cover medical expenses. If your vehicle costs more to repair than your maximum coverage allows, you will need to file a claim for the remainder.

Filing a Lawsuit Against the Other Driver

If your damages are substantial and your UM/UIM insurance doesn't cover them, you may consider filing a lawsuit against the uninsured or underinsured driver, especially if you are in a "fault" state where the at-fault driver is liable for all damages. However, keep in mind that most uninsured drivers don't have insurance because they can't afford it, so they may not have the assets to pay for your damages even if you obtain a judgment against them.

Contacting Your Insurance Company

It is important to report the accident to your own insurance company, especially if the other driver does not have sufficient coverage. This allows you to find out what your insurance covers in this situation and gives them the opportunity to investigate the accident and determine fault. Your insurance company may then seek reimbursement from the at-fault party's insurer through subrogation.

Report car damage to your insurance promptly

It is always best to report car damage to your insurance company as soon as possible, even if you are not planning to make a claim. Many insurance companies require that you report any accidents or damage within seven days, and failing to do so could result in your insurance company refusing to pay out if the other driver involved decides to make a claim further down the line.

If you are involved in a collision, it is important to take the following steps:

• Check for injuries and ensure you and your passengers are safe.
• Exchange information with the other driver, including insurance and contact details.
• Take photos of the damage to all vehicles involved, as well as the road conditions, traffic signals, and any other relevant factors.
• Get the name and badge number of any police officers who attend the scene.
• Contact your insurance company to inform them of the incident.

It is important to remember that even minor accidents can result in costly repairs. For example, a simulated 10mph crash involving two vehicles manufactured in 2010 resulted in $3,800 worth of repairs to one vehicle and $6,000 to the other. In several similar trials, the lowest cost for repairs was $3,000 for both cars. Most insurance deductibles are $500, meaning an "out-of-pocket" expense of $2,500.

In some cases, you may not need to report an accident to your insurance company. For example, if you reverse into your own garage door or mailbox on your own property, and no one is injured, there is no need to exchange information with another driver, and you plan to pay for any repairs yourself.

However, if you are involved in an accident on a public road and the damage meets or exceeds a certain threshold (usually $1,000 or $2,000), you are legally required to swap insurance information with the other driver and report the incident. Failing to do so could result in serious consequences, including fines and the suspension of your driver's license.

Frequently asked questions