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Can I sue a trucking company for damages to my car if the company was not insured?

Kearny, NJ |

I was pinched into a guardrail by a truck who was trying to get into my lane. I had full coverage on my car and received money from my insurance company for the total loss of the vehicle. About 6 months later I received a letter from my insurance company stating that the other party involved in the accident did not have any insurance and they were taking action against the company. I had to pay almost 2 thousand dollars in deductables as well. Can I sue this trucking company for not being insured?

Attorney Answers 7

Posted

You can sue the trucking company for your out-of-pocket expenses on the theory of negligence. You don't need a cause of action for the lack of insurance. I would recommend suing in small claims court if your case is as cut and dry as you suggest.

Scotty

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Adam L Rothenberg

Adam L Rothenberg

Posted

Speak to the insurance carrier. They should be making a claim for your deductible as well as what they paid.

Posted

Yes, although it appears your insurance company is doing this. Were you injured?

973-984-0800. Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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2 comments

Asker

Posted

I banged my knee on my center console and was sore for a few days but nothing serious. My car was paid off and had to buy another one for work.

Yolanda Navarrete

Yolanda Navarrete

Posted

You should be sure to have your knee thoroughly checked out because these injuries tend to show up months later some times.

Posted

Small claims court

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Posted

Yes, but as Attorney Navarette mentioned, your insurance company is doing exactly that. What other expenses did you bear from the accident? You might be able to recover that. Best of luck.

This is only an Avvo answer. I am not getting paid to give this response and am basing this response only on the information provided to me in the above question.

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Posted

Your insurance company is doing this already, which is fairly common, when they pay out under your collision/comprehensive coverage and it was another party's fault - your insurance company will be seeking the entire amount that they paid to you, and they will also be seeking your deductible, and if they are successful, they will return to you the deductible. They are doing this through a process called subrogation and it often goes through intra-company arbitration. Subrogation is the insurance company taking the action on your behalf -it is as if they stepped in your shoes. Since they are already pursuing it, and you are aware of it, you generally cannot file your own claim,

Each case is fact senstive, so all answers should be viewed as general advice only, and should never replace a thorough and in depth consultation with an experienced attorney. Further, an answer should not be seen as establishing an attorney-client relationship.

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Posted

Was the truck that hit you an 18 wheeler or just a passenger pick-up? If it was an 18 wheeler, the company that employed the driver (or the driver if he was a owner/operator) is required by federal law to have at least $750,000 in insurance.

If it was a passenger vehicle, then you are still free to sue, but you'd have to go after the driver's assets to collect anything you recover through the lawsuit.

I recommend that you definitely consult our firm or another truck accident lawyer to help you evaluate your options. The consultation is free, so you have nothing to lose.

You can reach us at 1-800-993-4887.

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Posted

It appears your insurance company is taking charge of your litigation. If they don't file pleadings and pass on the matter I encourage you to discuss the matter at length with an attorney and prepare your own litigation plan. Of course you can seek damages.

NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.

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