Underinsured Trucking Companies in Accident Claims

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

A collision with a commercial truck can lead to severe injuries, extensive property damage, and long-term financial strain. Many victims assume the trucking company’s insurance will cover all losses, but in some cases the carrier only carries the minimum coverage required by law, which may be far from sufficient in a catastrophic crash.

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 easily exceed $1 million, even though such catastrophic cases represent less than one percent of all commercial motor vehicle crashes.

When the trucking company’s insurance cannot fully cover the damages, victims may need to pursue other avenues of compensation. An experienced truck accident attorney can evaluate all available insurance policies and identify additional responsible parties to help protect your financial recovery.

Contact us online or call us at (281) 801-5617 to learn how your truck accident case can be handled to determine your right to maximize financial recovery under the law.Ā 





FAQs About Underinsured Trucking Company Claims

  • What happens if the trucking company is underinsured or files for bankruptcy after a crash?

    Even if the trucking company has limited coverage or declares bankruptcy, you may still recover from its remaining assets, insurers, or other liable parties like shippers, brokers, or contractors. However, the process is more complex and may take longer, especially if multiple claims are filed against the company.

  • Can multiple insurance policies or companies cover the same truck accident?

    Yes. Sometimes insurance from brokers, shippers, or leasing companies can stack on top of the trucking company’s policy. A truck accident attorney can review contracts and layered policies to determine how much combined coverage is available for your injuries.

  • How long does it take to resolve an underinsured trucking case?

    The timeline depends on how many insurers and parties are involved. Straightforward claims may settle in a few months, while cases with multiple defendants or corporate bankruptcies can take a year or more.

  • What’s the difference between uninsured and underinsured trucking coverage?

    Uninsured coverage applies when the trucking company or driver has no valid insurance at all. Underinsured coverage applies when they have some insurance, but not enough to cover the full cost of your injuries and damages.

  • Do you have to sue your own insurance company for UM/UIM benefits, and are attorney fees different in these cases?

    Not always. Many UM/UIM claims settle through negotiation, but a lawsuit may be needed if your insurer denies or disputes the claim. Most attorneys still work on contingency fees, meaning you only pay if you recover compensation, even in complex underinsured cases.

How Trucking Company Insurance Works

Commercial trucking insurance is different from personal auto coverage. It often involves several layers of protection, including:

  • Primary liability coverage – pays for bodily injury and property damage caused by the truck driver.
  • Cargo coverage – protects the freight being transported but does not compensate crash victims.
  • Optional umbrella or excess policies – additional coverage that some carriers purchase voluntarily, but it is not legally required.

Smaller trucking operations and independent owner-operators often carry only the minimum required coverage. In multi-vehicle collisions or cases involving spinal cord injuries, traumatic brain injuries, or wrongful death, the costs can easily exceed $750,000, leaving victims without sufficient compensation.

An experienced truck injury lawyer can review all available insurance policies, determine whether the trucking company has hidden excess coverage, and identify any other entities—like brokers or shippers—that may carry additional liability insurance.

When Your Own Insurance May Step In

If the trucking company’s policy cannot fully cover the damages, your uninsured or underinsured motorist (UM/UIM) coverage may help bridge the gap. This type of protection is designed to apply in several situations, such as when the trucking company carries no insurance at all, when the company’s liability limits are too low to cover the total cost of your injuries, or when the individual truck driver’s personal policy is also inadequate. Because UM/UIM claims often involve high-value trucking cases, the process can be complex. Insurance companies may delay, dispute, or even deny valid claims to limit their financial exposure. Working with a skilled attorney who understands truck accident insurance claims can help you navigate these challenges, ensure your rights are protected, and identify all available sources of coverage.

Additional Legal Avenues Beyond the Trucking Company

Even if the trucking company itself is underinsured, it may not be the only party responsible for the crash. A thorough legal investigation can uncover additional sources of compensation, including:

  • Shippers or freight brokers who knowingly hired an unsafe motor carrier
  • Maintenance providers who failed to properly inspect or service the truck
  • Manufacturers of defective truck parts or systems that contributed to the accident
  • Government entities that failed to address dangerous road conditions

In some situations, even if the trucking company’s insurance coverage is exhausted, its corporate assets may still be pursued in a lawsuit. Identifying all responsible parties is key to ensuring victims have access to every possible source of recovery.

You can read more about how layered insurance policies and liability work in complex cases by visiting our page on truck accident insurance claims.

If you or a loved one was involved in a truck accident that resulted in serious injury or death, an attorney can evaluate your case and explain what legal options may be available to pursue compensation for medical costs and other related damages.Ā 

Steps to Take After Discovering the Trucking Company Is Underinsured

Learning that the at-fault trucking company doesn’t have enough insurance can be overwhelming, but taking the right steps immediately can make a significant difference:

  1. Request complete insurance information for the driver and the trucking company.
  2. Document your damages, including medical treatment, lost wages, and property repairs.
  3. Notify your own insurer promptly about a potential UM/UIM claim.
  4. Preserve all evidence, including photos, witness statements, and the official police report.
  5. Consult a truck accident attorney before signing any release or accepting any settlement offers.

Acting quickly helps protect your rights, keeps all potential recovery options open, and prevents critical evidence from being lost.

Why Legal Representation Is Critical

Cases involving underinsured trucking companies are complex because multiple insurance policies and overlapping liability often come into play. An experienced truck accident attorney can investigate the trucking company’s structure, locate hidden coverage from brokers or shippers, negotiate with all responsible insurers, and, if needed, file a lawsuit to pursue damages beyond the policy limits. Truck crashes can cause damages far beyond basic insurance requirements. Skilled personal injury attorneys ensure that all responsible parties are held accountable for the harm they caused.

The Ammons Law Firm Can Help

When a trucking company is underinsured, it doesn’t mean you are left without options. The Ammons Law Firm’s truck accident lawyers investigate every aspect of a collision, uncover all sources of compensation, and handle complex insurance negotiations.

To better understand how layered insurance coverage can affect your case, visit our detailed page on truck accident insurance claims and learn how our team helps navigate these challenging situations.

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