At Perantinides & Nolan, Co., L.P.A., we have spent over 50 years representing Ohio families in catastrophic trucking accidents and wrongful death claims. Recently, we resolved a tragic case that serves as a critical warning to anyone who drives a company vehicle for work.
Here is why you cannot assume your employer’s insurance is looking out for your best interests.
Case Spotlight: A Tragic Commercial Trucking Accident
Our client was a dedicated employee for an international, privately-owned food products manufacturer. Because his job required extensive nationwide travel to visit customers, he was provided with a company vehicle. This vehicle was insured through his employer.
Tragically, while traveling late at night for an early morning client meeting, our client was involved in a horrific, fatal accident. A commercial tractor-trailer traveling in the opposite direction went left of center, crossed the highway median, and struck another vehicle before colliding head-on with our client. Our client was killed instantly.
The devastation of this crash was massive. It claimed the life of our client, the life of another driver, and caused severe physical injuries to several other motorists, alongside significant property damage.
The Insurance Shortfall: When $1 Million Isn't Enough
In complex commercial trucking accidents, insurance policies are often stretched to their breaking point.
The at-fault tractor-trailer carried only a $1,000,000 liability policy. While this sounds like a substantial amount, it had to be divided between our client's estate, the second decedent's estate, the numerous other injured motorists, and all property damage claims. It quickly became clear that the at-fault driver's insurance was grossly insufficient to adequately compensate our client’s surviving family.
The Shocking Discovery: No UM/UIM Coverage
In situations where an at-fault driver lacks sufficient coverage, our personal injury attorneys immediately look to our client’s Uninsured/Underinsured Motorist (UM/UIM) coverage to make up the difference.
Because our client was driving a company vehicle, we reviewed their employer's commercial insurance policy. We were shocked by what we found. Our client's employer carried $5 million in coverage and the at-fault tractor trailer had $1 million in coverage. So with the $1 million being exhausted quickly, we turned to our client's insurance only to learn the employer declined UM/UIM coverage where not required.
Historically, this company opted out of UM/UIM coverage wherever state law did not strictly require it. In practice, this meant the employer paid to protect itself from liability but refused to pay the premium to protect its employees from negligent drivers.
Protecting Yourself: Actionable Advice for Employees
Does my employer’s insurance cover me if I am hit by an underinsured driver in a company vehicle?
Not always. Many employers elect to carry high liability coverage to protect the company from lawsuits, but explicitly reject Uninsured/Underinsured Motorist (UM/UIM) coverage, which protects the employee if they are hit by an at-fault driver with insufficient insurance.
Our client’s family learned too late that his employer was not protecting him. To ensure you and your loved ones are not left financially devastated after a tragic accident, the attorneys at Perantinides & Nolan strongly recommend taking the following steps:
What should employees with company vehicles do?
Start by requesting a copy of your company vehicle’s insurance policy. If you are issued a company vehicle, do not assume you are fully protected. Ask your HR department or fleet manager for the specific details of the auto insurance policy. You need to explicitly ask: "Do I have UM/UIM coverage while driving this vehicle?"
2. Understand How UM/UIM Limits WorkVerify that the policy includes UM/UIM coverage. If your employer does have UM/UIM coverage, verify the limits. In order to recover from a UM/UIM policy, the limits of that policy must generally exceed the liability coverage of the at-fault driver. Minimum coverage is often not enough in cases of catastrophic injury or wrongful death.
3. Push for Coverage or Buy Your OwnIf your employer does not carry UM/UIM coverage, strongly advocate for it. High liability coverage paired with zero UM/UIM coverage is a red flag that a company is only concerned about its own bottom line. If your employer refuses to add it, we highly recommend adding UM/UIM coverage to the personal vehicles in your household. In many cases, a robust personal UM/UIM policy can step in to cover you even if you are driving a work vehicle.
Akron Trucking Accident and Wrongful Death Attorneys
Tragedy can strike when you least expect it. At Perantinides & Nolan, Co., L.P.A., we tirelessly investigate every avenue of compensation to ensure families are protected when the unthinkable happens.
If you or a loved one has been involved in a serious motor vehicle or commercial trucking accident, do not face the insurance companies alone. Call our Akron office today at 330-253-5454 to arrange a free, confidential consultation.
