Stephen Hasner | Truck Accidents | October 26, 2025
Collisions with 18-wheelers can cause severe injuries and costly property damage, and in some cases, the truck driver has no insurance coverage. This situation is more common than many people realize on Georgia highways and often leaves injured motorists unsure of how to pursue compensation.
Federal law requires commercial truck drivers to carry substantial liability insurance, yet some fail to maintain coverage or allow their policies to lapse. In other cases, trucking companies label drivers as independent contractors to avoid providing coverage. If you are injured by an uninsured or underinsured truck driver on I-75, I-85, or I-16, recovering compensation can be challenging but still achievable.
If you’ve been injured in a commercial truck accident in Atlanta, Savannah, or anywhere in Georgia, speak with an experienced truck accident attorney at Hasner Law. Call 678-888-HURT (4878) today for a free consultation.
Key Takeaways About Georgia Truck Accidents
- Federal law requires commercial truck drivers to carry minimum insurance of $750,000 to $5 million depending on cargo type, but some operators violate these requirements.
- Your own uninsured motorist coverage provides a backup source of compensation when the at-fault truck driver has no insurance.
- Multiple parties beyond the driver might bear liability in truck accidents, including trucking companies, cargo loaders, and maintenance providers.
- Georgia law gives you two years from the accident date to file a lawsuit, but building a strong case against an uninsured trucker takes time and thorough investigation.
Federal Insurance Requirements for Commercial Trucks
The Federal Motor Carrier Safety Administration (FMCSA) sets minimum insurance requirements for commercial trucks under 49 CFR § 387.9. These minimums depend on the type of cargo the truck carries and whether it crosses state lines. Most commercial trucks hauling general freight must carry at least $750,000 in liability coverage, while hazardous materials carriers need $5 million or more.
Georgia state law adds its own requirements for intrastate trucking operations. Trucks operating only within Georgia must still carry substantial coverage, though the amounts might differ from federal minimums. The Georgia Department of Public Safety enforces these requirements, but some truckers operate without proper documentation.
Common Reasons Truck Drivers Operate Without Insurance
Enforcement gaps exist despite these regulations. Trucking companies sometimes provide proof of insurance to get permits and licenses, then let policies lapse.
Owner-operators might cancel coverage to save money after obtaining their operating authority. Fly-by-night trucking operations ignore insurance requirements entirely, betting they won’t get caught until after a truck accident happens.
When a commercial truck driver operates without required insurance, it is illegal. While this does not automatically entitle you to compensation, it strengthens your claim by showing disregard for federal safety regulations. It also opens the door to punitive damages in some situations, though Georgia law limits these awards.
How Uninsured Motorist Coverage Helps After a Truck Accident
Most Georgia drivers don’t realize their own auto insurance policy might cover them when hit by an uninsured trucker. Uninsured motorist (UM) coverage pays for your injuries when the at-fault driver has no insurance. This coverage is optional in Georgia, but insurance companies must offer it when you buy a policy.
Your UM coverage kicks in after you’ve exhausted the at-fault driver’s liability insurance. If the truck driver has zero coverage, your UM policy becomes the primary source of compensation. The coverage limits you selected when you bought your policy determine how much you might recover this way.
Understanding Underinsured Motorist Coverage in Georgia Truck Accidents
Underinsured motorist (UIM) coverage works similarly but applies when the at-fault driver’s insurance isn’t enough to cover your damages. If your injuries are worth $500,000 but the trucker only has $100,000 in coverage, your UIM policy pays the difference up to your policy limits. This protection matters when dealing with catastrophic truck accident injuries.
Filing a UM or UIM claim with your own insurer can be more contentious than many people realize. Your insurer might fight to minimize what they pay you, just like the other driver’s insurance company. You need a truck accident attorney who treats your insurance company like the opponent they’ve become in this situation.
Multiple Liable Parties in Georgia Truck Accident Cases
Truck accidents often involve liability that extends beyond the driver who was behind the wheel. The trucking company that employed or contracted with the driver might bear responsibility through several legal theories. Respondeat superior makes employers liable for their employees’ actions during work hours, and Georgia law recognizes this doctrine.
Labeling a driver as an independent contractor does not always shield a trucking company from liability. If the company controlled when, where, and how the driver operated, courts might find an employment relationship existed regardless of what the contract says. We examine dispatch records, route assignments, and communication logs to prove this control.
Other Parties Who May Be Liable in a Georgia Truck Accident
Multiple parties in the commercial trucking chain of operation might share liability for your accident. Each one represents a potential source of compensation when the driver lacks insurance. Understanding who played a role in causing your injuries helps build a comprehensive case.
- Cargo loading companies sometimes cause accidents through improper weight distribution or inadequate securing of freight that shifts during transit
- Truck maintenance providers might be liable if mechanical failures like brake problems or tire blowouts caused the accident
- Truck manufacturers or parts suppliers sometimes face product liability claims when defective equipment contributes to crashes
- Leasing companies that own the truck and lease it to drivers or carriers might bear responsibility under certain circumstances
Each of these parties typically carries substantial commercial insurance because they face potential liability across multiple accidents and jurisdictions. Identifying them requires thorough investigation into the truck’s ownership, maintenance history, and operating procedures.
How a Truck Accident Attorney Identifies Assets Beyond Insurance Coverage
When a truck driver has no insurance and your uninsured motorist coverage does not cover all your losses, a skilled truck accident attorney will look for other assets that can satisfy a judgment. Some trucking companies carry minimal insurance or structure their businesses to avoid financial responsibility. Others own valuable assets such as trucks, trailers, property, or business income that can be pursued through legal action.
Commercial trucks and trailers can be worth hundreds of thousands of dollars. After a judgment, placing a lien on this equipment can pressure the company to settle, since losing its vehicles can disrupt business operations.
Legal Methods for Collecting Compensation in Georgia
Real estate owned by the trucking company or driver, such as terminals or warehouses, can also be used to satisfy a judgment. In some situations, a driver’s personal assets can also be used, although most individuals do not have enough wealth to cover the full amount of truck accident damages.
Georgia law provides several legal tools to collect unpaid judgments. Wage garnishment allows part of a defendant’s income to go toward satisfying the judgment. Bank levies can remove funds directly from accounts, and property liens prevent the sale of assets until the judgment is paid in full.
Holding Negligent Trucking Companies and Owners Accountable
If a company uses fraud or disregards corporate rules to avoid paying damages, a court may “pierce the corporate veil” and hold its owners personally liable. This legal remedy prevents businesses from hiding behind corporate structures to escape responsibility.
An experienced truck accident attorney knows how to use these collection methods and legal strategies to pursue every available source of compensation when a truck driver or trucking company fails to carry proper insurance.
Georgia’s Statute of Limitations for Truck Accident Lawsuits
Time limits for filing truck accident lawsuits in Georgia come from O.C.G.A. § 9-3-33. You have two years from the accident date to file a personal injury lawsuit in civil court. Missing this deadline typically means losing your right to pursue compensation through the court system forever.
Some exceptions extend or pause the statute of limitations. If the injured person is a minor at the time of the accident, the two-year clock doesn’t start until they turn 18. Legal incapacity might also toll the statute in limited circumstances. However, you shouldn’t rely on these exceptions to delay taking action.
Why Starting Your Truck Accident Claim Early Matters
Starting your case early gives your truck accident attorney more time to investigate and preserve key evidence. Witnesses can forget details, documents may be misplaced, and physical evidence can disappear with time. Federal regulations only require trucking companies to keep certain records for limited periods, so waiting too long can mean losing key proof.
Filing early also strengthens your position in settlement negotiations. As the two-year statute of limitations approaches, insurance companies may lower their offers, assuming you will settle rather than risk missing the deadline. Starting early and filing promptly shows that you are serious about recovering the full amount you are owed.
How Uninsured Truckers Can Delay Your Compensation
Claims involving uninsured truck drivers often take longer to resolve. Finding alternative sources of compensation requires detailed investigation, which can stretch over several months. Each potential defendant must be evaluated separately, and some cases require multiple lawsuits.
Your medical recovery also affects the timeline. You should not settle until you reach maximum medical improvement and know the full extent of your injuries. Because truck accidents often cause serious harm that requires long-term treatment, these cases naturally take more time.
Dealing with Multiple Insurance Companies After a Truck Accident
Working with your own insurer for uninsured or underinsured motorist benefits can also slow progress. Insurance companies may dispute whether coverage applies or challenge the truck driver’s lack of insurance. These disagreements sometimes lead to separate litigation before payment is issued.
When several parties share responsibility, each has its own insurer and legal team. Coordinating among them takes time, and each side may try to reduce its share of liability, extending negotiations. A truck accident attorney can manage these complexities and keep your case moving forward.
Georgia’s Efforts to Prevent Uninsured Truck Drivers
Georgia law enforcement conducts random inspections of commercial vehicles to check for valid insurance, but these checks occur after trucks are already on the road. Some companies secure operating authority with proof of insurance, then cancel their policies or use fraudulent documents that appear legitimate.
Advocating for stronger enforcement helps protect all Georgia drivers. Harsher penalties and more frequent insurance verification could reduce the number of uninsured commercial trucks operating on major routes such as I-285, I-75, I-85, and I-16.
How Hasner Law’s Truck Accident Attorneys Handle Uninsured Driver Claims
If you’ve been injured in a truck accident and the driver responsible doesn’t have insurance, you still have legal options. Our attorneys act quickly to investigate and identify every potential source of compensation, including other liable parties who may carry more substantial insurance coverage.
Trucking companies often try to avoid liability by labeling drivers as independent contractors. We examine these arrangements to determine whether the company actually controlled the driver’s work, which can make them liable under Georgia law. Federal employment regulations also factor in, and we know how to use them to strengthen your case.
We also look into whether the driver was operating illegally without proper insurance. If so, the trucking company may be directly responsible for negligent hiring or supervision.
Commercial insurance can involve multiple layers of coverage. Our team identifies umbrella and excess policies and any other available sources of recovery. With more than 80 years of combined experience, we know how to uncover the coverage insurers try to hide.
FAQs for Truck Accident Attorneys
What if the truck driver says they have insurance but the company denies coverage?
Insurance companies sometimes deny coverage claiming the driver violated policy terms or wasn’t authorized to operate the vehicle. When this happens, you might have both a claim against the driver personally and a bad faith claim against the insurer for wrongful denial. An attorney investigates the policy language and the insurer’s reasons for denial to determine whether their position is legitimate. Many coverage disputes get resolved through negotiation or litigation.
How much does it cost to hire a truck accident attorney?
Hasner Law works on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. We advance all costs of investigating and litigating your case, including expert witness fees, court filing fees, and document retrieval costs. If we don’t win, you owe us nothing. This arrangement lets injured people access quality legal representation regardless of their financial situation.
Can I file a claim against my own insurance for an uninsured truck driver accident?
Yes, if you carry uninsured motorist coverage on your auto policy. You must notify your insurance company about the accident promptly and cooperate with their investigation. Your insurer might require proof that the truck driver truly had no coverage before paying your UM claim. Keep in mind that filing a UM claim with your own carrier doesn’t prevent you from also pursuing other liable parties.
What if the trucking company claims the driver was an independent contractor?
Independent contractor status doesn’t automatically shield trucking companies from liability. Georgia courts look at the actual working relationship, not just what the contract says. If the company controlled the driver’s schedule, routes, and methods of operation, they might be liable regardless of how they classified the driver. Federal motor carrier regulations also impose certain responsibilities on companies that lease trucks or hire drivers.
Contact a Georgia Truck Accident Attorney When the Driver Has No Insurance
An uninsured truck driver can create serious financial challenges, but you still have legal options. An experienced truck accident attorney knows how to locate compensation sources that may not be immediately clear. Our team investigates every detail, identifies all responsible parties, and pursues the recovery you need to move forward.
Acting quickly matters. Evidence can disappear, witnesses may become hard to locate, and Georgia’s two-year statute of limitations keeps running.
Call the truck accident attorneys at Hasner Law at 678-888-HURT (4878) for a free consultation. Our firm stands up to insurance companies and trucking corporations that try to avoid responsibility.
