When a Massive Truck Hits You, Is There Enough Insurance to Cover Your Damages?

You’ve just been hit by an 18-wheeler on I-410, and as you deal with mounting medical bills and lost wages, a critical question emerges: will the truck’s insurance actually cover all your damages? Federal law requires most for-hire commercial property carriers with vehicles having a GVWR of 10,001 pounds or more to carry at least $750,000 in bodily injury and property damage liability insurance, but in severe accidents, this amount can disappear faster than morning fog on the Texas highways. Understanding whether the truck that hit you carries adequate insurance coverage—and what happens if it doesn’t—could mean the difference between full compensation and financial devastation.

???? Pro Tip: Request the truck driver’s insurance information at the scene and take photos of their commercial vehicle identification numbers. These details will help your attorney quickly verify coverage amounts and identify all potentially liable parties.

Feeling overwhelmed after a truck accident? Ride the wave of relief by reaching out to Wyatt Law Firm. Secure the compensation you deserve with a team that knows the ropes. Call us today at 210-972-9279 or contact us online for a consultation.

Understanding Federal Insurance Requirements for Commercial Trucks

Federal and state regulations typically require truck drivers and owners to carry more insurance than non-commercial drivers, reflecting the greater potential damage these massive vehicles can cause. The Federal Motor Carrier Safety Administration (FMCSA) sets specific minimum insurance requirements based on the type of cargo and vehicle weight. For standard for-hire property carriers with vehicles having a GVWR of 10,001 pounds or more, the minimum bodily injury and property damage (BIPD) liability is $750,000. The FMCSA sets higher minimums for certain cargo and vehicle types: some hazardous materials carriers must carry $1,000,000, carriers of explosives/poison gas/highly radioactive materials can be required to carry $5,000,000, and for interstate for-hire passenger carriers the federal minimums are $1,500,000 for vehicles designed to transport 15 or fewer passengers (including the driver) and $5,000,000 for vehicles designed to transport 16 or more passengers. However, when you need a truck accident attorney in san antonio to evaluate your case, they’ll examine whether higher minimums or additional policies apply based on the specific facts of your accident.

The trucking industry is heavily regulated at the federal level, with requirements covering various aspects of operation including driver rest periods and vehicle inspections, which can impact liability in accident cases. These regulations create multiple layers of potential liability beyond just the driver. Motor carriers required to demonstrate federal financial responsibility can satisfy that requirement by an MCS-90 endorsement on an insurance policy, an MCS-82 surety bond, or FMCSA authorization to self-insure. When a policy includes the MCS-90 endorsement it operates as a public-protection/surety obligation that can require the insurer to pay final judgments up to the endorsement/policy limits despite many policy exclusions or certain insurer defenses (it generally does not create a duty to defend and insurers may seek reimbursement from the insured).

???? Pro Tip: Even if initial insurance appears insufficient, don’t assume you’re out of options. Multiple insurance policies often apply in truck accidents, including the trucking company’s umbrella policy, cargo insurance, and even the trailer owner’s separate coverage.

What Happens When $750,000 Isn’t Enough: Your Path to Full Compensation

When catastrophic injuries occur, the standard $750,000 minimum can evaporate quickly. A single surgery can cost $100,000, and that’s before considering rehabilitation, lost wages, and long-term care needs. Understanding the timeline and process for securing adequate compensation becomes crucial when dealing with severe truck accident injuries. Here’s what typically unfolds when insurance minimums fall short:

• Immediate Coverage Assessment: Within days of your accident, insurance adjusters will evaluate the available coverage against anticipated damages—if your injuries are severe, they’ll quickly recognize the policy limits issue
• Asset Investigation Phase: While minimum coverage is $750,000, many trucking companies carry $1-5 million in coverage precisely because they understand catastrophic accident risks—your legal team will investigate all available policies
• Multi-Party Liability Analysis: Beyond the driver’s insurance, coverage may exist through the trucking company, cargo owners, maintenance providers, and equipment manufacturers
• Umbrella and Excess Policy Discovery: Large trucking companies often maintain umbrella policies providing millions in additional coverage above their primary policies
• Alternative Recovery Sources: If insurance proves insufficient, your attorney may pursue the trucking company’s assets directly or explore bad faith claims against insurers

???? Pro Tip: Request a "tender of limits" letter early in negotiations—if the insurer admits their policy limits are insufficient for your damages, it can expedite access to additional coverage sources and strengthen bad faith claims.

Protecting Your Rights When Insurance Companies Point Fingers

Establishing the defendant’s liability is a key part of settling a truck accident lawsuit, especially when multiple insurance policies are involved. A trucking company will want to argue that it’s not responsible for its driver’s negligence because the driver was an independent contractor, not an employee—a common tactic to avoid their higher insurance limits. When you work with a truck accident attorney in san antonio who understands these defense strategies, they can pierce through these arguments by examining the actual control the company exercised over the driver. Wyatt Law Firm has seen trucking companies claim independent contractor status while simultaneously controlling routes, schedules, and truck maintenance—factors that courts recognize as establishing an employer-employee relationship regardless of labels.

The complexity of commercial trucking insurance requires aggressive legal representation to ensure all coverage sources are identified and pursued. Insurance requirements vary depending on the entity type, cargo transported, and operating authority, meaning a thorough investigation often reveals coverage beyond the apparent minimums. Texas law provides additional protections, with Transportation Code Section 643.053 requiring motor carriers to file evidence of insurance with specific departments. The statute also mandates that insurers provide at least 30 days’ notice before terminating coverage for a registered motor carrier, preventing trucking companies from dropping coverage retroactively after an accident.

???? Pro Tip: Document everything about the trucking company’s operations—logos on the truck, dispatch instructions overhead on CB radio, and uniform requirements all help establish employer control over supposedly "independent" drivers.

Hidden Insurance Layers That Could Save Your Case

Beyond the basic BIPD minimums, experienced truck accident attorneys know to investigate multiple insurance layers that victims often overlook. The FMCSA transitioned Licensing & Insurance access into the FMCSA Portal and moved to Login.gov with multi-factor authentication, with portal registration opening in December 2024. FMCSA described the change as a security and single-sign-on modernization to centralize and secure registrations and filings, but it did not present this as a straightforward expansion of unauthenticated public transparency for viewing all active insurance policies. In practice, some L&I access was moved behind Login.gov, and stakeholders reported reduced ability to quickly view certain public insurance/authority details without Portal/Login.gov credentials.

The MCS-90 Endorsement Advantage

The MCS-90 Endorsement for Motor Carrier Policies of Insurance serves as your safety net when trucking companies try to deny coverage through policy exclusions. When included on a policy, the MCS-90 endorsement can require the insurer to pay final judgments up to the endorsement/policy limits despite many policy exclusions or certain insurer defenses—although it generally does not create a duty to defend and insurers may seek reimbursement from the insured. When pursuing compensation with a truck accident attorney in san antonio, this endorsement often becomes the key to breaking through initial coverage denials. Many victims don’t realize that federal law limits certain insurer defenses in the motor carrier context in ways that differ from personal auto policies.

???? Pro Tip: If an insurance adjuster claims coverage doesn’t apply due to driver violations, immediately ask about whether an MCS-90 endorsement, surety bond, or other evidence of financial responsibility applies—this often changes their tune about available coverage.

When Minimum Coverage Meets Maximum Damages

For for-hire property carriers with vehicles under 10,001 pounds GVWR, the FMCSA BIPD minimum drops to just $300,000—potentially devastating if you’re hit by a "smaller" commercial truck that still causes serious injuries. Even the standard $750,000 minimum for larger trucks can prove woefully inadequate when victims suffer traumatic brain injuries, spinal cord damage, or require lifetime care. Understanding how courts handle cases where damages exceed available insurance helps victims set realistic expectations while pursuing maximum compensation.

Strategic Approaches to Insufficient Coverage

When damages exceed available insurance, skilled attorneys employ multiple strategies to secure additional compensation. The Texas Transportation Code requires an application fee of $100 plus a $10 fee for each vehicle requiring registration, creating a paper trail that helps identify all potentially responsible parties. More importantly, the department may suspend, revoke, or deny a registration if a motor carrier fails to maintain required insurance, giving victims leverage when insurers claim policies lapsed. Smart attorneys also investigate whether trucking companies structured their business specifically to avoid liability—using shell companies, complex ownership structures, or strategic asset transfers that courts can sometimes pierce to reach additional resources.

???? Pro Tip: Research the trucking company’s USDOT number online before accepting any settlement—you might discover they operate multiple affiliated companies with separate insurance policies that could apply to your claim.

Frequently Asked Questions

Understanding Texas Truck Insurance Requirements

Texas truck accident victims often have pressing questions about insurance coverage and their rights to compensation. The complexity of commercial trucking insurance, combined with federal and state regulations, creates confusion that insurance companies may exploit to minimize payouts.

???? Pro Tip: Write down all your questions before meeting with an attorney—the consultation goes more smoothly when you have a clear list of concerns about insurance coverage and compensation.

Next Steps After Discovering Insurance Limits

Learning that available insurance might not cover your damages feels overwhelming, but experienced attorneys know multiple paths exist to secure fair compensation. Working with a truck accident attorney in san antonio means having someone who understands both federal FMCSA requirements and Texas-specific regulations that could increase your recovery. The key is acting quickly to preserve evidence and identify all coverage sources before they disappear.

???? Pro Tip: Ask potential attorneys specifically about their experience handling cases where damages exceeded initial insurance limits—their answers reveal whether they’ll fight for every dollar or settle for easy money.

1. What happens if my medical bills already exceed the truck’s $750,000 insurance minimum?

Don’t panic if your damages exceed the apparent insurance limits. Multiple coverage sources often exist beyond the primary policy, including umbrella coverage, additional insureds, and separate policies for the trailer or cargo. Your attorney will investigate whether the trucking company carries excess coverage, whether other parties share liability, and whether bad faith claims against the insurer could yield additional compensation. Texas law also allows pursuing the trucking company’s assets directly in certain circumstances.

2. Can trucking companies really avoid liability by claiming their drivers are independent contractors?

While trucking companies frequently attempt this defense, courts look beyond labels to examine the actual relationship. If the company controls schedules, routes, truck maintenance, or requires specific procedures, they likely maintain an employer-employee relationship regardless of contract terms. Federal regulations also hold motor carriers responsible for their drivers’ actions in many circumstances, making the independent contractor defense increasingly difficult to sustain.

3. How long do I have to file a truck accident lawsuit in Texas if insurance negotiations fail?

Texas generally provides two years from the accident date to file a personal injury lawsuit, but exceptions exist. Claims against government entities require notice within six months, and property damage claims may have different deadlines. More importantly, waiting risks losing crucial evidence—driver logs, maintenance records, and electronic data often disappear quickly. Starting your case promptly preserves options even if you ultimately settle without filing suit.

4. Are there special insurance requirements for trucks carrying hazardous materials through San Antonio?

Yes, FMCSA sets significantly higher insurance minimums for hazmat carriers. Trucks transporting certain hazardous materials must carry $1,000,000 in coverage, while those hauling explosives, poison gas, or radioactive materials need $5,000,000. These higher limits reflect the catastrophic damage potential of hazmat accidents. If you’re injured by a hazmat truck, identifying the specific cargo becomes crucial for determining applicable insurance minimums.

5. What’s the MCS-90 endorsement and why should I care about it after my truck accident?

The MCS-90 endorsement acts as a public-protection/surety obligation when included on an insurer’s policy. It can require the insurer to pay final judgments up to the endorsement/policy limits despite many policy exclusions or certain insurer defenses, which is often crucial when insurers initially deny coverage. The endorsement generally does not create a duty to defend, and insurers may seek reimbursement from the insured, but it frequently changes how insurers approach payment of valid claims in the motor carrier context.

Work with a Trusted Truck Accident Lawyer

When facing the complexity of commercial truck insurance claims, having experienced legal representation makes the difference between accepting inadequate insurance limits and securing full compensation. The interplay between federal FMCSA requirements, Texas state regulations, and multiple insurance policies demands thorough investigation and aggressive advocacy. An attorney who understands how trucking companies structure their operations to minimize liability can identify coverage sources and legal theories that insurance adjusters hope you’ll never discover. Starting with a consultation helps you understand whether the truck’s insurance will truly cover your damages and what additional options exist for securing the compensation you deserve.

Don’t let the complexities of truck accident insurance leave you high and dry. Reach out to Wyatt Law Firm today to explore your avenues for compensation. Give us a call at 210-972-9279 or contact us to ensure your rights are covered.