Obtaining Compensation for Rental Moving Truck Accidents

• Rental moving trucks pose a major threat to other drivers on the road because of the higher risk for serious or even fatal injuries compared to a typical car accident. 
• When the at-fault driver is operating a rental vehicle, such as a moving truck, filing an insurance claim can be more complicated because there is often more than one insurance carrier providing coverage. 
• Under Georgia law, the renter’s personal insurance is considered primary, while the rental company’s insurance is secondary. That means the renter’s personal liability coverage must be exhausted up to the policy limit before a claim can be filed against the rental company’s policy. 
• If there is evidence showing that the rental truck company neglected its duty to properly inspect and maintain the vehicle, and this failure caused the accident, it may be held directly liable for damages. 

Among large cities in the United States, Metro Atlanta has one of the fastest growing populations because of the sharp increase in people moving from other regions. Because people are buying and selling homes at such a high rate, there are more moving trucks on Atlanta roads than ever before.  

Many people choose to save money by moving themselves rather than hire a moving company to do the work for them. Companies such as U-Haul, Penske, Budget, Enterprise, and Ryder rent out a fleet of moving trucks of varying sizes so that renters can load and transport their belongings from one home to another. These companies also commonly rent out their trucks to businesses and people who use them for other purposes, such as delivering large appliances or furniture. 

Unfortunately, the popularity of rental moving trucks means there is an increased risk that one of these trucks will be involved in an accident with smaller cars, trucks, and vans on Atlanta roads. If you have been hit by a moving truck, you may suffer serious injuries from the collision and have a legal claim against the driver, rental company, or both. 

What Makes Rental Moving Trucks a Threat 

Rental moving trucks pose a major threat to other drivers on the road because of the higher risk for serious or even fatal injuries compared to a typical car accident. There are several factors that make rental moving trucks so dangerous for drivers, including: 

• Inexperienced drivers 

Anyone who is old enough to rent a car and carry a valid driver’s license may rent a moving truck. However, many people who rent moving trucks have little to no experience driving a vehicle that large and difficult to maneuver. Because they are inexperienced, they are less likely to know how to operate the vehicle properly to avoid an accident.  

• Overloaded trucks 

Most people who are using a rental moving truck want to get their things from one location to another in as few trips as possible. Often that means they overload the vehicle, which then becomes extremely heavy and vulnerable to loads shifting back and forth when turning. An overloaded and unstable truck is hard to control and more prone to rollovers and unexpected lane shifts.  

• Poor visibility 

Moving trucks have larger blind spots than cars, which makes it harder for drivers to see other vehicles and pedestrians. Especially when changing lanes or making turns, poor visibility can lead to collisions. 

• Fatigue 

Drivers who have spent hours packing, lifting heavy furniture, and dealing with the logistics of a stressful move are more likely to be fatigued, and fatigue can impair the driver’s reaction time and decision making. 

• Distracted/aggressive driving 

Drivers operating a heavy truck and moving to a new location can easily become distracted by their phones, navigation systems, passengers, or shifting loads. In addition, many drivers feel rushed when trying to complete a move in a certain time frame, which can lead them to speed or drive more aggressively. Both distracted and aggressive driving can be particularly dangerous when operating a large truck on a public road. 

• Mechanical problems 

Rental trucks endure much wear and tear and may not receive regular maintenance. Mechanical failures, such as brake malfunctions and tire blowouts, can cause serious accidents. 

How Auto Insurance Works with a Rental Moving Truck 

Generally, the driver at fault for causing an accident is legally responsible for paying the damages. Typically, that means the accident victim files a claim against the at-fault driver’s insurance policy for compensation. However, when the at-fault driver is operating a rental vehicle, such as a moving truck, filing an insurance claim can be more complicated because there is often more than one insurance carrier providing coverage. 

First, the driver who rents the moving truck must be covered under their own auto insurance policy. O.C.G.A. § 40-9-102. In Georgia, the minimum coverage required to operate on public roads includes $25,000 per person and $50,000 per accident in bodily injury and $25,000 in property damage. 

Second, the company that owns and rents out the moving truck is required to carry the state’s minimum amount of liability coverage on the vehicle. O.C.G.A. § 33-34-4. Finally, the driver may have purchased additional insurance coverage through the rental company when they signed the rental agreement.  

Generally, liability insurance “follows the car,” which means that the insurance policy covers the vehicle regardless of who is driving. Under this principle, the vehicle owner’s policy is the primary policy, and any other applicable liability coverage, such as coverage for a non-owner driver, is secondary.  

However, when the vehicle is a rental car, truck, or van, the law makes an exception, and the order is reversed. That means the rental company’s liability coverage is considered secondary, or excess, to the liability coverage of the renter, which is primary. U.C.G.A. § 40-9-102. In other words, if the renter caused an accident while operating a moving truck, their personal liability coverage must be exhausted up to the policy limit before a claim can be filed against the rental company’s policy. 

If the renter purchased additional coverage—known as “spot” coverage— through the rental agency, this policy must also be exhausted before the rental company’s secondary policy kicks in. Keep in mind that the renter is not required to pay extra for the additional insurance coverage offered by the rental truck company. 

Personal auto insurance policies usually cover the insured when they are operating a rental car, but the policy may not cover them while operating a moving truck. Most insurance carriers have limits on the weight or type of vehicle (e.g., cargo truck) they will cover under an auto policy, which means many moving trucks are excluded.  

Note that some credit card companies also offer insurance for rental vehicles if you use that card for the transaction, though they usually have exclusions based on the size/type of vehicle you are renting. Additionally, some people purchase umbrella liability insurancethrough their homeowners policies, which may help cover the costs of a rental moving truck accident. 

Before renting a moving truck, it is important to check your auto insurance (and additional policies through homeowners insurance and/or credit card provider) to see if you are covered. Often, the only way to be fully protected from the cost of an accident is to purchase additional coverage through the rental truck company.    

Available Insurance Coverage by the Rental Truck Company 

When you rent a moving truck, the standard insurance coverage included in the base price typically only covers minimum liability for property damage and injuries caused by an accident—and that coverage is secondary to your own auto insurance or other personal policies. 

If a rental moving truck is not covered by your existing insurance policies or credit card provider, you may need to purchase spot insurance through the rental company to be fully protected from the cost of a serious accident. The types of insurance offered vary by company but commonly include: 

• Supplemental liability insurance 

This covers the cost of property damage or injuries to third parties if you cause an accident while operating the truck. The coverage varies by company but is typically around $1 million, which can provide you with more comprehensive protection if you cause a serious accident. 

• Collisions/Damage waivers 

This reduces your responsibility for damage to the rental truck, though it often comes with a deductible.   

• Cargo protection 

This covers your belongings in case of damage or theft during the move. 

• Personal accident protection 

This provides medical coverage for injuries sustained by the renter or other authorized drivers in an accident. 

• Roadside assistance 

This covers towing and other services if you break down on the road. 

Can the Moving Truck Company Be Held Directly Liable for Paying Compensation? 

Only under certain circumstances. For example, the company that owns and rents out the moving truck is responsible for accidents caused by improper maintenance or faulty truck parts (e.g., bad brakes or worn tires). If there is evidence showing that the rental truck company neglected its duty to properly inspect and maintain the vehicle, and this failure caused the accident, it may be held liable for damages. Other ways the company may be held directly liable include renting a truck to someone who is underage or renting to someone without a valid driver’s license.  

Keep in mind that these situations are rare. Most accidents involving rental moving trucks are caused by driver negligence—either by the person operating the moving truck or someone driving a vehicle that hits the moving truck.