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

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

Shortly after the truck driver and I started to exchangepersonal identity and insurance information, he told me he didn’t have insurancebut 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. Notsure what I should do, I quickly jotted down the address on his driver’slicense, the Texas truck license and the phone number he gave me. I told him I’d get in touch the nextday. He now claims to be unemployed and says he’s unable to pay for therepairs. How can I get help?

Response: Yourown auto insurance policy should cover you for accidents involving uninsuredmotorists. Ask a local truck accident law firm to review your policy and recommend the bestway 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 histruck. However, such decisions must be made by your truck accidents lawyer.

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

Answered by Elizabeth Smith

Additional Resource: Independent Truck Driver Liability