You paid your insurance premiums on time. One day, out of the blue, you get a notice that your operating authority is being revoked. Why? Somehow, FMCSA doesn’t have record that you paid your insurance premiums. What?? How can this be? You know this must be a mistake. Naturally, you call your insurance agent and they confirm you paid your premium on time.
Insurance Filing Requirements
As an owner operator, you are not allowed by the federal government to submit your own proof of liability insurance documents to the FMCSA. Your insurance company must do it. This keeps your authority from being revoked. Insurance Filing Requirements | FMCSA (dot.gov) says in part:
…all applicants for motor carrier… must have specific insurance … documents on file before the FMCSA will issue the authorities. The required filings vary, based on the types of registrations involved. …Insurance forms must be submitted directly (online) by the home office of the insurance company furnishing the coverage. …
Again, insurance forms must be submitted directly (online) by the home office of the insurance company furnishing the coverage.
If your insurance company failed to file the required paperwork and your authority was revoked, you may have a first party claim against your insurance company for your lost income during the downtime period.
What is a first party claim?
A first-party insurance claim is a claim by an insured against their own insurance company.
What is a downtime claim?
A downtime claim is the lost income due to the negligent action of another party.
If your insurance company has failed to file the necessary paperwork with the FMCSA, and you have downtime losses of income, contact a transportation lawyer to discuss your rights. Eckert & Associates, P.A. works with owner operators and small fleets to protect their rights from many types of downtime losses.