Insurance Denials In Truck Accident Cases
Following a serious truck accident, the common assumption among victims is that the insurance of the responsible party will provide compensation for losses suffered. That, however, is not necessarily true. Insurance companies often reject liability claims in such cases. Nevertheless, there are avenues through which complete financial compensation can be obtained even after an initial refusal by the insurance company. This is applicable in both Georgia and Florida.
Understanding the issue
Commercial trucking companies tend to have complicated insurance arrangements. This is in contrast to regular car accidents, where just one insurance provider is involved. In commercial trucking cases, there might be several companies offering the trucker insurance coverage, and other insurance firms covering the trucking company or third parties. Insurance providers are likely to come up with technical reasons why their coverage cannot be applied in such accidents, such as exclusions in policy coverage or lapses in policy coverage.
Understanding the legal issues
The first important legal issue for trucking cases is the federal mandate for the minimum level of financial responsibility. Sometimes, federal law can obligate insurers to pay out even when the insurance company denies the claim.
The second important issue is the so-called MCS-90 endorsement. According to the law, this clause should be included in interstate trucking policies and forces the insurer to pay any judgment that could be granted to the victim, despite the exclusion of the case from the list of insurance claims.
Some other important factors in legal trucking cases are:
- Bad faith insurance practices – The unreasonable refusal or delaying can impose an additional burden on insurers.
- Vicarious liability – The owners of trucks remain liable even if the driver is considered an independent contractor.
- Third-party claims – It is possible to file a claim against third parties responsible for accident conditions.
The litigation process
If the insurance claim is rejected, attorneys will act promptly to file a lawsuit and initiate discovery proceedings. These can reveal information such as:
- Policy provisions
- Employment status and contracts of drivers
- Dispatch and trip logs
- Communication history between the insurance company and trucking companies
Litigation can allow lawyers to challenge the validity of the rejection and ensure that, when necessary, protection clauses such as the MCS-90 endorsement are employed.
Key takeaways
A denied truck accident claim does not mean that you can’t recover compensation for your losses. In both Georgia and Florida, there are legal means that enable you to claim compensation despite the best efforts of the insurers to deny you compensation.
The process of learning about federal trucking rules, finding all parties responsible for the accident, and contesting any unfair denial of your claim will help in recovering maximum compensation for your injuries.
Talk to a Jacksonville, FL, Truck Accident Attorney Today
Gillette Law represents the interests of Jacksonville residents who have been injured in an accident with a commercial truck. Call our Jacksonville personal injury lawyers today to schedule an appointment, and we can begin investigating your case right away.
Source:
fmcsa.dot.gov/registration/insurance/financial-responsibility
