Involved in an Accident With the Unlicensed Driver of a Company Truck

[knoepke84]

On 10/23/07, I was hit on right front passenger side of car while attempting to pass a big rig on a country road where passing is legal. The driver of the rig had hazard lights on which in the area is quite common as these drive very slow on these roads by many dairies(central CA). The driver of the rig showed license to highway patrol, but it was a class C and not a commercial vehicle license(class A). No police report was taken and his story was he had his turning signal on(untrue, but neither of us have any witnesses), the driver was cited for not being licensed to drive vehicle, which the owner of dairy who came out to scene gave the cop the excuse of, "one of my drivers was sick today"(BS!), the company is insured through Allied and i'm insured through 21st...right now damages of car are estimated at 9300.00 and car books between 8500 and 10500 on KBB, I dont have GAP Insurance and I owe approx 13000 on vehicle. 21st apparently is fighting with Allied to see who is liable.....I don't see how I could be liable in this case...i was halfway past the rig when he turned!! Anyway my questions are: Will my Uninsured Motorist Coverage pay for my deductible, and will Allied actually cover a driver who's not appropriately licensed to drive the vehicle, and if not, can I seek damages from the Company who owns the vehicle itself? Also, im pretty sure 21st is gonna say the car is a "total loss", which screws me out of the difference i owe on the vehicle, is there anything i can do about as to preventing the car from being deemed a total loss. THanks in advance for any input you may have!!!

[Mr. Knowitall]

He'll argue that he had his turn signal on. You'll argue that he did not. Your insurance company will decide whether to honor your claim based upon the terms of your coverage and their determination of how the accident occurred.

[knoepke84]

doesthe fact he isnt even licensed or trained to drive a big rig carry any weight in this if i can get a police copy of citation and what are my options on seeking rental reimbursements since 21st isn't covering that for me, can i go after that company for those kind of things/

[jk]

first, you need to understand that a class C CDL is a commercial drivers license. So, because of that misunderstanding, and your use of "big rig", what kind of truck was he actually driving. Was it a " truck and trailer" and what was the weight of the truck? (not sure in California but some states place that on the license plate)

[knoepke84]

truck had trailer....18 wheels Freightliner, in CA i have a class C license, and i am not authorized to drive 18 wheelers and the guy had class C license....same as me

[knoepke84]

not sure on weight, but is was hauling manneur

[Security Consultant]

I think you may have a cause for action against the dairy farm owner if he, as you describe, came to the scene of the accident and made the statements you wrote in your post. I cannot understand why an accident report was not made. This occured on a public road, and with so much damage, an accident report should of been made.

[cdwjava]

first, you need to understand that a class C CDL is a commercial drivers license. So, because of that misunderstanding, and your use of "big rig", what kind of truck was he actually driving. Was it a " truck and trailer" and what was the weight of the truck? (not sure in California but some states place that on the license plate)

In CA a class C license is a regular passenger license. If he got a citation for driving out of class, then a class A license was likely needed.

- Carl

[jk]

truck had trailer....18 wheels Freightliner, in CA i have a class C license, and i am not authorized to drive 18 wheelers and the guy had class C license....same as me

then yes, you are correct, a class A cdl is required.

A class C CDL:

CLASS C . . .allows you to operate vehicles under 26,001 lbs. GVWR; that are designed to transport 16 or more persons including the driver; or that carry 15 or less people (including the driver) transporting children to or from school and home regularly for compensation, or carry hazardous materials in amounts requiring placarding.

(just to let you know what a Class C CDL commercial license if required for).

So, since the guy was rightfully ticketed for not having correct license. (there seems to be some exception for certain farm vehicles but I will presume that is not applicable), the owners insurance is probably going to run away from this. Most insurance companies require the operators to be legally licensed for the insurance company to have any responsibility to the owner (for his liabilities). Since this guy was not licensed and the owner apparently knew as much, the owner and the driver are the folks that will have to bear any financial liability to you, if there is any.

the turn signal situation. If he was slowing down to turn, you may have mistaken the pumping of the brakes as the flashers being on. (don;t know the entire time line. that is something you will have to determine)

[cdwjava]

doesthe fact he isnt even licensed or trained to drive a big rig carry any weight in this if i can get a police copy of citation and what are my options on seeking rental reimbursements since 21st isn't covering that for me, can i go after that company for those kind of things/

His license status is not a causal factor of the collision. Even had he been UN-licensed, it does not go towards fault.

As Mr. Knowitall said, this is going to come down to competing stories - he'll say he signaled and you tried to pass anyway, and you'll say he didn't and you were passing where you had a lawful right to. If I had to guess, I'd say the insurance companies will decide on shared fault (50/50), and you will get whatever your insurance company allows. However, you can always decide instead to sue the other driver or his employer ... but, be ready to put out a lot of money in the hope you will see some of it back again - I doubt an attorney will take it on contingency.

- Carl