blog home Truck Accidents What Happens If the Truck Driver Doesn’t Have Insurance After an Accident?

What Happens If the Truck Driver Doesn’t Have Insurance After an Accident?

By Jason Bottlinger on May 19, 2025

If you’ve been in a collision with a commercial truck or big rig, your first assumption may be that the driver is fully insured. After all, federal law requires all commercial carriers to carry insurance. But unfortunately, that’s not always the case.

Many victims of Omaha trucking accidents are shocked to discover that the truck driver doesn’t have insurance, or the coverage in place is not sufficient to cover serious injuries or property damage. So, what happens next?

At Bottlinger Law L.L.C., we’ve helped countless individuals and families recover compensation after being hit by uninsured or underinsured commercial drivers. Here’s what you need to know if you’re dealing with an uninsured truck driver accident and how to protect your rights.

Is It Legal for Truck Drivers to Operate Without Insurance?

Under both Nebraska state law and federal trucking regulations, all commercial vehicles engaged in interstate commerce are required to carry minimum levels of liability insurance. These limits are generally:

• $750,000 for general freight trucks
• $1,000,000–$5,000,000 for hazardous materials haulers or certain passenger carriers

Despite these mandates, there are instances where:

• A truck driver is operating without valid insurance
• The trucking company’s policy has lapsed or been canceled
• The driver is an independent contractor and failed to maintain their own coverage
• The driver is using a personal vehicle for commercial use illegally or improperly insured

In these cases, victims are left wondering how to recover damages after a truck accident without insurance.

Step 1: Determine Who Can Be Liable

When a truck driver doesn’t carry insurance, the next logical step is to identify other responsible parties.

Liability in truck crashes is often shared, which is why these cases can still be successful even when the driver is uninsured. Liable parties may include:

• The trucking company (even if the driver is an independent contractor, depending on control and supervision)
• Cargo loaders or maintenance contractors whose negligence contributed to the accident
• Vehicle manufacturers, if a defective part played a role in the crash
• Other motorists in multi-vehicle pileups or chain-reaction crashes

At Bottlinger Law L.L.C., our Omaha truck accident lawyer can conduct a comprehensive liability analysis to uncover all avenues for compensation.

Step 2: File an Uninsured Motorist (UM) Claim

If no other liable party has coverage or the insurance is insufficient, you may be able to file an uninsured motorist claim through your own auto insurance policy.

How Uninsured Motorist (UM) Coverage Works in Nebraska

• Nebraska law requires insurance companies to offer UM coverage as part of every auto policy.
• It typically covers medical bills, lost wages, and pain and suffering resulting from accidents with uninsured or hit-and-run drivers.
• If you have underinsured motorist (UIM) coverage, it can supplement insufficient coverage from the other party.

Many people don’t realize their own UM/UIM coverage can come to their rescue in serious truck accident without insurance scenarios. An attorney can help you navigate these claims and ensure your insurer doesn’t try to minimize the settlement amount.

Step 3: Consider a Personal Lawsuit Against the Driver

You may need to consider suing the uninsured truck driver personally. This type of lawsuit does the following:

• May lead to wage garnishment or a lien on the driver’s property.
• Puts pressure on any employer or affiliated party that may be financially responsible but is trying to avoid liability.

At Bottlinger Law L.L.C., we weigh the likelihood of financial recovery before recommending this course of action.

What If the Truck Belonged to a Company?

If the truck was part of a commercial fleet, it’s possible that the company failed to properly insure its vehicles, which may constitute negligence or regulatory violations. In these cases, we can pursue claims against:

• The company owner or corporate entity
• The insurance broker or agent who may have mismanaged the policy
• Any parent or umbrella corporation overseeing operations

Many larger logistics firms have multiple layers of insurance or self-insured retention policies that kick in above a certain threshold. We know how to uncover those hidden resources.

Why Uninsured Truck Accidents Are So Dangerous

Collisions with large commercial trucks, especially big rigs or 18-wheelers, often result in:

• Catastrophic injuries (traumatic brain injury, spinal cord damage, internal injuries).
• Permanent disability or death.
• Extensive property damage.
• Emotional trauma for drivers and passengers.

When there’s no insurance coverage, victims face the fear of medical debt, lost income, and no compensation. That’s why it’s so important to have a fast and strategic legal response.

What to Do After an Accident with an Uninsured Truck Driver

If you’ve been involved in a crash with an uninsured truck, there are some steps we recommend.

1. Call the Police Immediately

Get a formal accident report that documents the driver’s lack of insurance. This is crucial for both legal and insurance claims.

2. Collect Evidence

Take photos and video of the crash site, vehicle damage, license plates, and any injuries. Get names and contact info for witnesses.

3. Seek Medical Attention

Even if you feel fine, visit a medical provider. Delayed symptoms can worsen and make legal recovery more complicated if not documented early.

4. Notify Your Insurance Carrier

Tell your insurer about the accident, but don’t accept a settlement or give a recorded statement before speaking with an Omaha truck accident attorney.

5. Contact an Omaha Trucking Accident Attorney

These cases are complex and time-sensitive. Legal help ensures you explore every option for recovery and maximize your chances of success.

Talk to an Experienced Truck Accident Attorney in Omaha Today

If you’ve been injured by an uninsured truck driver, don’t let it prevent you from pursuing compensation.

At Bottlinger Law L.L.C., we have significant experience with Omaha trucking accidents, uninsured motorist claims, and complex liability investigations. We can go over your options for recovering medical costs, lost income, and other expenses.

Jason Bottlinger is a distinguished member of the Multi-Million Dollar Advocates Forum and has been recognized by Expertise.com as a Top Personal Injury Attorney in Omaha.

Call (402) 505-8234 for a free consultation. You won’t owe us anything unless we win you a settlement.