What Georgia Car Accident Victims Need to Know About Trucking and Commercial Vehicle Insurance Limits

Key Points:

• Georgia’s state law only requires many commercial vehicles to have minimal bodily injury limits of $25,000 per person and $50,000 total for an accident. Unfortunately, these are the same minimum limits required for private vehicles, leaving many victims underinsured.
• In general, both state and federal insurance requirements for trucks depends on the size and weight of the vehicle and whether the truck operates across state lines (interstate trucking) or only within the State of Georgia (intrastate trucking).
• In Georgia, trucks that operate only intrastate and weigh more than 10,000 pounds must have bodily injury insurance coverage of at least $100,000.00 per person and $300,000.00 per accident.
• Commercial carriers engaged in interstate commerce within the FMCSA requirements must have bodily injury coverage ranging from $250,000 to $5,000,000 per person. Interstate liability coverage for vehicles over 10,000 pouds begins at a minimum of $750,000 per accident.

In trucking accidents or other commercial vehicle wrecks, a central issue is not only who caused a collision or injury, but how much insurance is available and what the insurence policie(s) will cover.

In the State of Georgia, insurance on commercial vehicles is set at specific amounts, often based on the weight of the vehicle and passenger capacity. Federal insurance requirements, under the Federal Motor Carrier Safety Administration, FMCSA, may be different and can exceed Georgia’s commercial insurance requirements.

What are Georgia’s Truck and Commercial Vehicle Insurance Requirements?

In the State of Georgia, many small commercial vehicles are only required to carry $25,000/$50,000 bodily injury insurance limits. However, trucks that operate intrastate (only within Georgia borders) and weigh more than 10,000 pounds have minimum insurance coverage requirements of $100,000.00 per person and $300,000.00 per accident.

Commercial vehicles, such as large vans or buses, that are able to transport 12 or more passengers are required to have bodily injury coverage of $500,000.00 or more. For comparison, private vehicles are required to carry only $25,000 liability per person and $50,000 per accident.

What are the Federal Insurance Requirements for Commercial Vehicles?

Commercial carriers engaged in interstate commercial business must comply with the FMCSA requirements for insurance coverage. These standards dictate that bodily injury coverage ranges from $250,000 to $5,000,000 per person

Coverage for primary liability for vehicles over 10,000 and transporting non-hazardous cargo begins at a minimum of $750,000 per accident. Insurance for hazardous materials is set at a higher level.

In addition to primary liability insurance, there are also requirements for bodily injury and property damage to cover costs stemming from truck-related accidents. These coverages vary and will depend upon cargo type, but basic commercial coverages for Bodily Injury, per person ranges from $250,000 to $5,000,000 per person.

How Can You Determine Whether a Truck Should Carry Insurance at the Federal or State Required Level?

If you are in an accident involving a commercial vehicle, you’ll need to obtain insurance information. The responding law enforcement officers will be able to provide this information including whether or not the vehicle is permitted to travel across State lines. If so, the vehicle must comply with Federal minimums. If it is only permitted to travel within Georgia, it must meet the State minimum insurance requirements. The registration details for the truck will include this information.

Are There Penalties for Trucks That Do Not Meet Established State or Federal Minimum Insurance Levels?

Yes. It is extremely important that commercial vehicles maintain the required insurance coverages for commercial vehicles. Failure to do so can result in penalties including fines, license suspensions, and even impoundment of the vehicle.

However, and perhaps more importantly, failing to have the appropriate insurance coverage in place can leave the trucking company and the driver exposed to civil liability, which can be far more costly in the event of an accident. Adequate insurance coverage can protect the company and its driver from costly consequences.

Can the Trucking Company be Sued if a Semi-Truck is Uninsured or Underinsured, Resulting in Insufficient Coverage?

When there is insufficient coverage to compensate victims for the damage caused by an accident, it is possible to sue the trucking company. In these situations, the company may be found to be liable for the damages including medical expenses, pain and suffering, lost wages, property damages, and other related costs.

In pursuing a legal action against a commercial trucking company, it will be essential to prove that the company was negligence or at fault. To do this, it may include proving that the company failed to maintain established insurance coverages as required by law, or that their other actions contributed to the accident.

Are Semi-Trucks Usually Insured With More Insurance Coverage Than The Minimum Requirements?

Semi-trucks are very often insured more heavily than is required by law.

There are several reasons why trucking companies choose to insure at higher levels than required by lay. For example,  since the minimum requirements don’t always offer coverage sufficient to cover potential damages. To do this can ensure that the company won’t be out-of-pocket for accident-related costs.

Additionally, insuring above and beyond can serve to enhance the reputation of the company as it demonstrates their commitment to safety and financial responsibility. Clients and business partners often select such well-insured companies to do business with.

What Other Insurance Policies are Common Among Semi-Truck Operators?

In addition to the insurance coverages mandated by State and Federal laws, other common coverages include; cargo insurance, physical damage, general liability and bobtail insurance which covers the truck when it is operating without a trailer or cargo aboard.

Cargo Insurance: This coverage covers the goods or freight the truck is moving against losses during transit to include losses due to theft or accidents.

Physical Damage Insurance: Such a policy covers the truck itself against collision damage, theft, vandalism, and/or other events.

Bobtail Insurance: This coverage is to protect the tractor (truck) itself in case of liability and/or damage.

Primary Liability Coverage: Additional coverage here will  provide broader protection for the trucking company against various other claims related to property damage, bodily injury that might not otherwise be covered.

These additional policies or riders can provide comprehensive coverage for commercial vehicles, the company and  their drivers. They serve to augment the legally mandated insurance minimums. Investing in these policies can provide a cushion for trucking companies that serve to mitigate risks.