Trucking Company Insurance Claims in Georgia, Handled With Care

A claim against a trucking company’s insurer asks that insurer to pay for the harm a truck crash caused. In Georgia, this claim is separate from the one you file with your own auto insurer. This page explains how the claim works, what it can cover, and what to watch for before you agree to anything.

T. Madden & Associates, P.C. has been in practice since 1999. The firm has offices in Jonesboro (Clayton County), Atlanta, Decatur, Macon and Augusta.

What a Claim Against a Trucking Company’s Insurer Is and Who It Is For

A trucking company insurance claim is a demand for payment from the liability insurer that covers the truck company, its driver, or both. The injured person can bring a claim. In a wrongful death case, the action belongs to the surviving spouse or, if there is no surviving spouse, the child or children, or to the administrator or executor when no one else is entitled to bring it.

It usually involves:

• Drivers and passengers in cars and pickups hit by a commercial truck
• Motorcyclists, e-bike riders and pedestrians
• Families of people killed in a crash with a commercial truck

Commercial trucks often bring more parties into one claim. The driver, the company that runs the truck, and their insurers can all be involved. Georgia splits damages by each liable person’s share of fault. Under O.C.G.A. § 51-12-33, each share is that person’s own liability and is not joint. That is why identifying every responsible party matters.

Our firm handles car, truck, motorcycle, e-bike and wrongful death cases. For more on truck crash claims, see our truck accident lawyer guide.

What the Claim Can Cover

A trucking company insurance claim can seek payment for the losses the crash caused. The main categories include:

• Medical bills, past and future: emergency care, surgery, rehabilitation and ongoing treatment
• Lost wages: income lost while you cannot work, and any lost ability to earn later
• Property damage: your vehicle and personal belongings
• Pain and suffering: physical pain, emotional distress and loss of enjoyment of life

In a wrongful death case, the surviving spouse or, if there is no surviving spouse, a child or children may recover “the full value of the life of the decedent, as shown by the evidence” under O.C.G.A. § 51-4-2. If there is a surviving spouse, that spouse receives no less than one-third of the recovery. Funeral, medical and other necessary expenses may also be recovered under O.C.G.A. § 51-4-5 when death results from a crime or from criminal or other negligence, and the personal representative of the deceased is the one entitled to recover them.

Future losses may be reduced to present value under O.C.G.A. § 51-12-13, which lets the trier of fact use a 5 percent discount rate or any other rate it considers appropriate. Under O.C.G.A. § 51-12-13, the trier of fact may use a 5 percent discount rate or another rate it chooses.

Coverage limits matter in truck claims. Federal law directs the Secretary of Transportation to set minimum financial responsibility levels for motor carriers under 49 U.S.C. § 31139. Our insurance minimums guide explains how those limits affect large-truck claims.

Your own share of fault also counts. Under O.C.G.A. § 51-12-33, damages are reduced by your percentage of fault. If you are 50 percent or more responsible, you are not entitled to receive any damages.

How the Claim Process Works, Step by Step

A claim usually moves from medical care and evidence to a written demand, then negotiation, and then a lawsuit only if needed.

1. Get medical care and record everything. Georgia’s insurance regulator says to notify police and the insurer promptly, collect accident and witness information, and document the scene. See Georgia auto claim tips. Keep every bill and visit note.
2. Send preservation requests. Our team asks the trucking company and insurer in writing to keep driver logs, maintenance records and electronic data.
3. Investigate fault. Under 49 CFR 395.3, a driver may not drive without first taking 10 consecutive hours off duty. Under 49 C.F.R. § 395.3, a driver may drive a total of 11 hours during the period of 14 consecutive hours that begins after coming on-duty following 10 consecutive hours off-duty. Except for drivers who qualify for either short-haul exception, driving is not allowed after more than 8 hours of driving time without at least a 30-minute break. Logs can show whether those limits were followed.
4. Calculate damages and send a written demand. The demand lists your losses and the amount you seek.
5. Negotiate with the adjuster. Georgia’s regulator says claimants should not rush to accept an offer and may negotiate for a fair settlement. See Georgia insurance claim tips.
6. File a lawsuit if the claim does not resolve. For most injury claims, O.C.G.A. § 9-3-33 requires suit within two years after the right of action accrues. Loss of consortium claims have four years.

Timing varies with the injuries, the insurer’s response and the evidence. Simple claims can resolve sooner than contested ones.

Why Trucking Insurers Handle These Claims Differently

Trucking insurers often make contact quickly, and early steps can shape the claim.

• Early contact. An adjuster may call within days, sometimes before you know the full extent of your injuries.
• Recorded statements and authorizations. The adjuster may ask for a recorded statement or a signed medical authorization. Georgia’s regulator advises claimants to avoid statements about fault.
• Early offers. A first offer may not account for future medical care or lost earning ability.
• Contractor arguments. A company may say its driver was an independent contractor. Under O.C.G.A. § 51-2-4, an employer generally is not responsible for torts of an employee who runs an independent business and is not under the employer’s immediate direction and control. The facts decide that question. Read our independent contractor guide for more.

For guidance on the first call, see our adjuster call guide.

Why Choose T. Madden & Associates, P.C.

T. Madden & Associates, P.C. is a Georgia personal injury firm in practice since 1999. The firm represents people hurt in car and truck wrecks, motorcycle and e-bike crashes, and wrongful death cases, among other matters.

• Offices: Jonesboro (Clayton County), Atlanta, Decatur, Macon and Augusta.
• Lawyers: Terance Madden is the responsible lawyer for this page. Shenia Madden is also one of the firm’s lawyers. Our team includes assistants and office staff who support our lawyers.
• Fees: We work on a no-fee-unless-we-win basis, but you may still be responsible for court costs and case expenses.
• First consultation: The first consultation is free and confidential, with no obligation to continue.
• The first conversation: We review your facts, including the crash, your injuries and any letters from the insurer.

Frequently Asked Questions

Talk to Our Team About Your Truck Crash Claim

If an adjuster has called, made an early offer, or asked for a recorded statement after a crash with a commercial truck, you don’t have to sort it out alone. Contact our team through our contact page for a free, confidential first consultation with no obligation to continue. Bring your crash report, medical records and any letters from the insurer, and we’ll start with your facts.

This page is general information, not legal advice. Terance Madden is the responsible lawyer for this page at T. Madden & Associates, P.C. Contact details are on our contact page.