What Insurance Policies Apply in a Georgia Commercial Truck Accident Claim?

State and federal laws and regulations require trucking companies to have insurance policies that cover bodily injuries, property damage, and cargo loss. However, they can buy umbrella or supplemental policies with higher coverage limits than state or federal law requires.

If you were hurt in a crash with a commercial truck in Georgia caused by a negligent truck driver or trucking company, you deserve to pursue compensation for the losses arising from your injuries and property damage. As a person injured in a truck accident, you may turn to an at-fault truck driver’s or trucking company’s insurance for financial recovery through a Georgia commercial truck accident claim.

What Insurance Is Required for Commercial Vehicles in Georgia?

Under Georgia law, a commercial truck operator must obtain liability insurance that provides coverage for bodily injury/death or property damage. Insurance policies must provide minimum coverage. However, truck drivers or trucking companies can purchase higher policy limits. Georgia’s minimum insurance requirements for commercial trucks include:

  • $100,000 per person, $300,000 per accident of bodily injury/death liability coverage
  • $50,000 per accident off-property damage (excluding cargo) liability coverage.

Truck drivers or trucking companies also must have cargo insurance that provides at least $25,000 in coverage for damage to/loss of property carried by one motor vehicle and at least $50,000 in coverage for the aggregate damage to/loss of property occurring in a single accident.

Many truck drivers and trucking companies have umbrella or supplemental liability insurance policies that provide additional coverage after a driver or trucking company exhausts the policy limits of a specific insurance policy.

Federal trucking regulations can impose higher insurance requirements for companies that haul hazardous materials or transport cargo in interstate commerce, depending on the size of their vehicles and cargo types. Companies may need at least $750,000 to $5 million in combined bodily injury/property damage/environmental restoration coverage.

How Is Truck Insurance Different from Car Insurance?

Commercial truck insurance differs from car insurance in the amount of coverage a truck driver or trucking company needs compared to a person driving a personal vehicle. Individual motorists who drive personal cars must have:

  • Bodily injury/death liability coverage of at least $25,000 per person/$50,000 per accident
  • Property damage liability coverage of at least $25,000 per accident.

Trucking companies must carry higher insurance coverage because truck accidents tend to cause more severe injuries and property damage, which results in accident victims incurring more substantial losses than car accident victims. Truck accidents can also involve three or more vehicles, including commercial trucks, leading to higher total losses in truck accidents due to the higher number of victims.

Is Georgia a No-Fault Insurance State?

Some states operate on a “no-fault” insurance system. Under this system, a driver or passenger of a personal vehicle must turn to the driver’s insurance policy for coverage for medical expenses or lost income resulting from injuries caused by a motor vehicle accident. Insurance policies in these states must include personal injury protection (PIP) coverage, also called “no-fault” coverage. The insurance company must cover its insured driver and the driver’s passengers regardless of who may have caused the crash. Injured victims in no-fault insurance states must meet specific requirements before they may pursue claims against at-fault drivers.

However, Georgia operates under a fault-based insurance system. Under this system, an auto accident victim can immediately turn to the at-fault driver(s) for compensation for all the financial and personal losses they sustain due to the accident.

What Makes Truck Accident Claims More Complex than Car Accident Claims?

People injured in truck accidents can face complexities and obstacles that car accident victims may not encounter. Factors that make truck accident claims more challenging than car accident claims include:

  • The severity of injuries
  • The complexity of evidence
  • The number of parties involved (including both accident victims and at-fault parties)
  • The complexity of a trucking company’s insurance coverage or corporate structure.

What Should I Do If I Am Involved in a Georgia Trucking Accident?

Taking prompt action can improve your chances of recovering maximum compensation from the insurance company when you suffer physical harm and property damage in a Georgia truck accident. Key steps to take include:

  • Reporting the crash to law enforcement
  • Obtaining a copy of the police accident report
  • Seeking prompt medical attention
  • Following your doctor’s treatment plan
  • Requesting your medical records
  • Keeping copies of bills, invoices, and receipts
  • Gathering copies of your pay stubs/income statements.

You can also protect your rights and interests when dealing with the trucking company’s insurer. The insurance adjuster may use tactics to undermine your claim, such as:

  • Getting you to downplay the existence or severity of your injuries
  • Discussing details of the accident
  • Speculating on other causes of the accident
  • Convincing you to accept a quick settlement
  • Shifting some of the blame for the crash to you.

What Should I Do If the Insurance Company Contacts Me?

You should refrain from agreeing to provide the insurance company with a written or recorded statement. The insurer wants to put your statement on the record so they can cherry-pick things you say that may undermine your allegations or credibility. You may also risk damaging your credibility if your statement contradicts testimony you give in a truck accident lawsuit.

Finally, you should decline to accept a settlement until you consult a truck accident lawyer. Insurers want you to take a settlement offer as soon as possible, even if you do not understand the full extent of your injuries and losses. Once you accept a settlement, you cannot demand more money from the insurance company if you incur additional expenses or losses.

Contact a Georgia Truck Accident Lawyer

After getting injured in a Georgia commercial truck accident, you might seek financial recovery for your injuries and losses from different insurance policies. Contact Spiva Law Group today for a free, no-obligation consultation with a truck accident attorney to discuss your legal options for pursuing the compensation you need and deserve.

Our team of five attorneys and a support staff that includes investigators, claims managers, and paralegals has a record of over $500 million recovered for clients. Our focus on catastrophic injury cases enables us to develop the experience and skills to tackle challenging claims.