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Contact the Atlanta, Georgia truck accident lawyers at Fried Rogers Goldberg LLC if you have any questions about federal insurance coverage regulations or truck accident lawsuits, or if you have been the victim of an accident.
Fried Rogers Goldberg LLC
3399 Peachtree Road N.E.
Suite 325
Atlanta, Georgia 30326
Phone: (404) 591-1800 or toll free (877) 591-1801
Fax: (404) 591-1801
Brachial Plexus Injury - $3.25 million
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Atlanta, Georgia Truck Accident Lawyers — Insurance Coverage
At Fried Rogers Goldberg LLC, our Atlanta, Georgia truck accident lawyers have successfully litigated hundreds of commercial trucking collision claims. We specialize in these complex lawsuits and have drawn on our decades of collective experience to publish a book, Understanding Motor Carrier Claims. This guide has been recognized as an excellent resource to truck accident lawyers nationwide.
Below is a summary of the book's seventh chapter, "Insurance Claims." To read the chapter in its entirety, open the PDF at the bottom of this page. If you have any additional questions or would like to schedule a consultation with Fried Rogers Goldberg LLC, contact our Atlanta, Georgia truck accident lawyers today.
Previous chapter << VI. Federal Motor Carrier Safety Regulations
Next chapter >> VIII. Handling a Trucking Case
VII. Insurance Coverage
A. Minimum Insurance Requirements
Federal regulations require a motor carrier of non-hazardous property to have an insurance policy or surety bond in place in the amount of $750,000 to cover liability for injuries to the public. A carrier of certain hazardous materials must have insurance or a bond in the amount of $5 million in liability coverage.
B. The MCS-90 Endorsement
The MCS-90 endorsement is part of any insurance policy issued to a motor carrier in order to comply with federal minimum insurance standards. The primary purpose of the MCS-90 endorsement is to ensure that injured members of the public are able to satisfy a judgment from negligent motor carriers. It requires the insurer to act as a surety for any injury to the public caused by the carrier during interstate transportation and to be responsible for a judgment against the carrier even though no coverage may exist under the policy issued by the insurer.
** Practice Pointer **
If the amount of coverage is an issue, truck accident lawyers should try to utilize the MCS-90 endorsement to pursue a recovery from the motor carrier's insurer.
C. Cancellation of a Policy
Federal regulations require that certificates of insurance cannot be canceled or withdrawn until 30 days after written notice has been given to the Board by the insurance company, surety or sureties, motor carrier, broker, or other party. The period of 30 days shall commence to run from the date such notice on the prescribed form is actually received by the Board. An insurer must also comply with state law regarding notice provisions before canceling a policy on file with a state Public Service Commission. A failure to give the notice required by state law can create continuous coverage despite the intent of the insurer to cancel the policy and the availability of other coverage.
** Practice Pointer **
If the amount of coverage is an issue, truck accident lawyers should review filings with state agencies to make sure all predecessor policies were properly cancelled. If a former insurer failed to properly notify the state agency of the cancellation, the policy may still be in effect.
D. Passenger Exclusions
An exclusion of coverage for passengers in a commercial vehicle is valid and enforceable, but a policy with such an exclusion will still be conformed to provide the minimum amounts of coverage for commercial vehicles required by federal and state law when a passenger is injured in a truck accident.
E. Direct Action against Insurer
Some jurisdictions allow a cause of action to be maintained against the insurer of a trucking company as a named party defendant whenever a truck accident occurs.
** Practice Pointer **
If your jurisdiction has a direct action statute, truck accident lawyers should always name the insurer as a party defendant.
Download full chapter: VII. Insurance Coverage
Next Chapter >> VIII. Handling a Trucking Case
Contact Our Atlanta, Georgia Truck Accident Lawyers
If you have any additional questions about federal regulations on insurance coverage, or if you have been injured in a trucking wreck and are seeking expert representation, contact the Atlanta, Georgia truck accident lawyers at Fried Rogers Goldberg LLC. Our attorneys specialize in truck accident claims and have won millions of dollars in successful truck accident verdicts and settlements on behalf of our clients. We can help you get the compensation to which you are entitled.