Insight

What Happens if the Trucking Company Is Underinsured After an Accident?

When a trucking company is underinsured, victims may need to rely on UM/UIM coverage or pursue claims against brokers, shippers, or other liable parties. Identifying all available coverage is critical in recovering damages after a serious truck accident.

Robert E. Ammons

Robert E. Ammons

July 21, 2025 05:46 PM

Truck accidents often lead to life-changing injuries and extensive financial losses. Victims typically expect the trucking company’s insurance to fully cover these damages. However, many carriers only carry the minimum liability coverage required by federal law, which may not be sufficient in catastrophic cases.

The Federal Motor Carrier Safety Administration explains that companies hauling non-hazardous freight in interstate commerce must carry at least $750,000 in liability insurance. However, the agency’s Financial Responsibility Study found that while most truck crashes result in damages below these limits, the cost of severe crashes involving critical injuries can exceed $1 million, even though such catastrophic cases represent less than one percent of all commercial motor vehicle crashes.

When the trucking company is underinsured, additional coverage sources and potential defendants must often be explored to meet the true cost of recovery.

Understanding Commercial Trucking Insurance

Unlike standard auto policies, trucking insurance typically includes:

  • Primary liability insurance, covering bodily injury and property damage

  • Cargo coverage, which protects freight but not victims

  • Optional umbrella or excess policies, which provide additional protection but are not legally required

Smaller carriers and independent drivers often maintain only the required minimum coverage. This can leave victims without adequate compensation, especially in crashes involving spinal cord injuries, traumatic brain injuries, or wrongful death, where medical care and long-term support can exceed policy limits.

When Victims’ Own Coverage Becomes Essential

If the trucking company’s insurance cannot fully pay for damages, an injured party’s uninsured/underinsured motorist (UM/UIM) coverage may apply. UM/UIM coverage helps when:

  • The trucking company carries no valid insurance

  • The company’s policy limits are insufficient

  • The individual truck driver’s personal policy is inadequate

Because high-value UM/UIM claims are heavily scrutinized, insurers may dispute or delay payment. An attorney familiar with truck accident insurance claims can help ensure all available coverage is properly accessed.

Identifying Additional Liable Parties

When a trucking company is underinsured, there may be other responsible parties, including:

  • Freight brokers or shippers who hired a carrier with poor safety ratings

  • Maintenance providers who failed to properly inspect or repair the vehicle

  • Manufacturers of defective parts that contributed to the collision

  • Government agencies responsible for unsafe road conditions

Even if the trucking company’s policy limits are exhausted, its corporate assets or other insurers may still be pursued. Identifying all possible defendants helps protect a victim’s ability to recover.

Why Legal Guidance Is Important

Underinsured trucking claims involve complex layers of insurance and multiple liable parties. A legal team can investigate coverage, review corporate structures, and coordinate negotiations with multiple insurers. If needed, litigation may be required to recover damages beyond the trucking company’s policy.

Truck crashes can easily surpass basic insurance requirements, particularly when they cause catastrophic injuries or involve multiple vehicles. Skilled personal injury attorneys ensure every responsible party is held accountable and that victims access all available resources for recovery.

This content is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this article. Laws may vary by jurisdiction. Please consult a qualified attorney licensed in your state for legal guidance specific to your situation.

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