Insurance question

Discussion in 'Ask An Owner Operator' started by liljim, Feb 20, 2020.

  1. liljim

    liljim Bobtail Member

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    What happens if you on a truck and the driver is involved in an accident but the driver is not on your insurance policy??
     
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  3. liljim

    liljim Bobtail Member

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    I meant own
     
  4. wichris

    wichris Road Train Member

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    Learn to say uninsured when paying it out of pocket.
     
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  5. calnca

    calnca Medium Load Member

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    Depends on the insurance carrier. Unless policy is a named operator policy, outright denial is rare. As an insurance carrier, do we WANT to know about all drivers......of course.

    Might we cancel, or non-renew if an insured has more than one occurrence of a non-listed driver being involved in an accident, ABSOLUTELY.

    The reason most carriers (unless it's a named operator policy) won't deny a claim with a un-scheduled driver is that they then open themselves up to questions of un-fair claims practices, which can increase payouts by 3-5 times, depending upon the jurisdiction.

    Ask an insurance professional these type of questions.....don't depend on the truck stop "attorneys" who don't really have a clue.
     
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  6. x1Heavy

    x1Heavy Road Train Member

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    I would like some form of protection in the Company insurance in some way. Having no specific coverage really leaves both the Company and me exposed in court if there was no insurance.
     
  7. Eddiec

    Eddiec Road Train Member

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    When you alerted your insurance company of the accident, did you tell them who the driver was or did you withhold that information?
     
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  8. calnca

    calnca Medium Load Member

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    Interestingly, in the majority of jurisdictions (Thanks to a CA Supreme Court Ruling) you, as an employee, are entitled to "your own defense".

    So while the Limit of Liability is available to pay the claim....up to the policy limits, defense is a different issue, with no limit on how much a carrier can spend.

    The CA ruling allows you as an employee to "your own defense".....so the carrier has to pay for a separate attorney to represent your individual interests if you are enjoined in any suit activity.
     
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  9. x1Heavy

    x1Heavy Road Train Member

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    Ive had attys paid for by Pappy and others in the company situation of accidents before. One in Baltimore that specializes in industry, shipping in particular and transport accidents was really, really good. Long story which has been told a few times in my posts years ago reduced the bad guy to a drug seeking addict and had his case throwin out with peals of hysterial laugher. His own lawyer knew he was sunk at that point.

    I did learn to really hate court related cases. Ive got a big mouth and if I did not have a lawyer I would have been ... raped verbally in there.
     
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  10. Shawn19

    Shawn19 Light Load Member

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    baha and Chubby Fly Thank this.
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