Insurance Coverage for Truck Accidents in San Diego: What You Need to Know

If you or a loved one has been injured in a truck accident, you may be entitled to compensation for your injuries. Since compensation is paid from the at-fault party’s insurance coverage, it is important to understand the different types of insurance coverage that may apply. In this article, we explain the different types of insurance coverage that come into play in truck accidents in San Diego and how they affect your claim.

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Why Truck Accident Insurance Claims Are More Complex

Truck accidents differ from typical car accidents due to the involvement of multiple parties and extensive insurance policies. Unlike standard passenger vehicles, commercial trucks are subject to federal and state insurance requirements, and multiple insurance policies may cover different aspects of the trucking operation.

Key Factors That Complicate Truck Accident Claims:

• Multiple liable parties (driver, trucking company, cargo loaders, etc.)
• Higher policy limits for commercial vehicles
• Complex federal and state regulations
• Involvement of multiple insurance providers

Understanding how different insurance coverages apply is essential for maximizing your compensation.

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Types of Insurance Coverage in Truck Accidents

1. Liability Insurance

What Is Liability Insurance?

Liability insurance is mandatory for all commercial trucking companies. It covers damages caused by the truck driver or the company when they are found at fault for an accident.

What Does Liability Insurance Cover?

• Medical expenses for injured victims
• Property damage to vehicles and personal property
• Pain and suffering and emotional distress
• Wrongful death damages for surviving family members

California Liability Coverage Requirements:

The Federal Motor Carrier Safety Administration (FMCSA) requires minimum liability coverage based on the type of cargo being transported:

• $300,000 for non-hazardous freight in trucks under 10,001 pounds
• $750,000 for non-hazardous freight in trucks over 10,001 pounds
• $1 million to $5 million for trucks carrying hazardous materials

(49 C.F.R. § 387.9.)

However, given the potential for significant damages in a truck accident, these minimums may not be enough to cover all losses. That’s why identifying additional sources of insurance coverage is crucial.

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2. Excess and Umbrella Insurance

What Is Excess and Umbrella Insurance? 

Excess liability insurance is an additional policy that extends the coverage limits of a trucking company’s primary liability insurance. It kicks in only after the primary policy’s limits have been exhausted. For example, if a trucking company’s primary liability policy has a limit of $1 million and the damages from an accident total $2 million, the excess liability policy can cover the additional $1 million (up to the policy’s limits).

Key Features of Excess and Umbrella Insurance:

• Covers claims that exceed the limits of primary insurance policies.
• May cover claims excluded under primary policies, depending on the terms.
• Provides significantly higher coverage limits than standard liability policies.

Why Excess and Umbrella Policies Matter

Truck accidents often involve substantial financial losses for victims, and standard liability insurance alone may not be enough to cover:

• Catastrophic injuries like traumatic brain injuries or spinal cord damage.
• Lifelong care needs for permanent disabilities.
• Wrongful death of a loved one.

Excess and umbrella liability insurance policies can provide critical funds to help victims recover and rebuild their lives.

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The majority of truck accident cases involve a combination of primary and excess (or umbrella) liability insurance. It is essential to identify all liable parties and their insurance policies to ensure full compensation.

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3. Cargo Insurance

What Is Cargo Insurance?

Cargo insurance covers the goods being transported by the truck in case of damage, theft, or loss during transit.

When Does Cargo Insurance Apply to Accident Claims?

Cargo insurance becomes relevant when improperly loaded or unsecured cargo contributes to the accident. For example:

• Overloaded trucks that are harder to control
• Shifting cargo that causes the truck to roll over
• Hazardous materials spills that worsen the accident’s impact

In these situations, the cargo loading company or the trucking company may have cargo insurance that can contribute to compensation for victims.

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4. General Liability Insurance

What Is General Liability Insurance?

Trucking companies often carry General Liability Insurance to cover accidents that occur off the road, such as:

• Injuries at loading docks or warehouses
• Accidents during loading or unloading
• Property damage unrelated to truck operation

Though this type of insurance typically does not cover road accidents, it may apply if other negligent actions by the trucking company contributed to the incident.

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5. Bobtail Insurance (Non-Trucking Liability)

What Is Bobtail Insurance?

Bobtail insurance covers truck drivers when they are operating their truck without a trailer attached and not under dispatch. This type of insurance may come into play if a truck driver causes an accident while off-duty.

When Does It Apply?

• Driving home after dropping off a load
• Driving between jobs without hauling cargo

If a truck driver was operating off-duty without cargo, bobtail insurance may provide coverage for injuries and property damage.

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6. Employer Liability Insurance

What Is Employer Liability Insurance?

Trucking companies are often required to carry Employer Liability Insurance to cover employee-related accidents. This may provide coverage if the company’s negligence contributed to the accident, such as:

• Poor driver training
• Negligent hiring practices
• Violating safety regulations

Holding the trucking company accountable can open up access to this additional insurance coverage.

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Challenges Victims Face with Insurance Companies

Insurance companies are profit-driven businesses. Their goal is to minimize payouts. Victims often face several challenges when dealing with insurance companies, including:

• Lowball Settlement Offers: Insurers may offer quick, insufficient settlements to avoid larger payouts.
• Blame-Shifting Tactics: They might attempt to blame the victim to reduce liability.
• Delays in Handling Claims: Slow-moving claims can pressure victims into settling for less.
• Denial of Coverage: Insurers may argue that certain policies don’t apply to the accident.

At Hulburt Law Firm, we handle all communication and negotiation with insurance companies to protect your rights and secure full compensation.

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How Hulburt Law Firm Maximizes Your Compensation

Navigating the complex world of truck accident insurance can be overwhelming. Our experienced truck accident attorneys will:

1. Investigate the Accident: We gather evidence to prove negligence and identify all liable parties.
2. Identify All Insurance Policies: We explore every possible source of coverage, including liability, excess, umbrella, cargo, and UM/UIM policies.
3. Calculate Full Damages: We work with medical and financial experts to assess the true cost of your injuries and losses.
4. Negotiate with Insurers: We aggressively negotiate to ensure you receive fair compensation.
5. Take Your Case to Trial: If necessary, we are fully prepared to go to trial to achieve justice.

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Types of Compensation Available

Depending on the insurance coverage involved, truck accident victims in San Diego may be entitled to compensation for:

• Medical Expenses: Hospital bills, surgeries, and rehabilitation
• Lost Income: Wages lost due to the inability to work
• Pain and Suffering: Emotional distress and reduced quality of life
• Property Damage: Repair or replacement of your vehicle and belongings
• Wrongful Death Damages: Loss of love and financial support for surviving family members

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Why Choose Hulburt Law Firm?

At Hulburt Law Firm, our award-winning San Diego Truck Accident Attorneys have extensive experience handling complex truck accident cases. We know how to preserve the evidence, build the case, identify all responsible parties and their insurance, and achieve life-changing results for our clients. We are committed to holding negligent trucking companies and their insurers accountable.

What We Offer:

• Free, No-Obligation Consultation
• No Fees Unless We Win
• Experienced Representation Against Trucking and Insurance Companies
• Compassionate and Personalized Legal Support

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Contact Hulburt Law Firm Today

If you or a loved one has been injured in a truck accident in San Diego, don’t face the insurance companies alone. Let Hulburt Law Firm fight for the compensation you deserve because The Truth Demands Justice.

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Related Content:

• Compensation Available for Truck Accident Victims in San Diego
• The Litigation Process for Truck Accident Lawsuits in San Diego: A Step-by-Step Guide

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