Uninsured & Underinsured Trucking Company Claims Lawyer in Houston
Most people assume that if a commercial truck causes a serious accident, the trucking company’s insurance will cover the damage. In reality, that isn’t always the case. Policy limits can fall short of the actual cost of a catastrophic injury, coverage can be denied outright, or a tangle of contracts between carriers, brokers, and owner-operators can leave an injured person unsure of who is actually responsible for paying.
At Herrera PLLC, attorney Jonathan Herrera approaches these cases from a different vantage point than most personal injury lawyers. Before practicing law, he spent over a decade as an insurance adjuster handling high-exposure trucking and commercial claims, including work through JH Claims LLC, a multi-state independent adjusting firm. He later practiced insurance defense at Rymer, Echols, and Nelson-Archer, defending insureds in liability matters. That background gives him firsthand knowledge of how trucking companies and their carriers structure coverage, where gaps can appear, and what it takes to identify every policy that may apply to a crash. For a broader look at how the firm handles truck accident claims, see the main truck accident page.
When a Trucking Company Doesn’t Carry Enough Insurance
An underinsured or uninsured trucking claim doesn’t necessarily mean the company broke the law by failing to carry insurance. More often, it means the coverage that exists doesn’t match the scale of the harm caused. A catastrophic injury involving surgery, long-term care, or permanent disability can quickly exceed a policy’s limits, especially when the crash also caused significant property damage or involved multiple injured parties splitting a single policy.
Other times, a trucking company’s coverage is genuinely inadequate, coverage has lapsed, a policy was cancelled for nonpayment, or the responsible party turns out to be an independent owner-operator carrying only bare-minimum coverage. In these situations, an injured person is often left trying to figure out where else compensation might come from, which is where a detailed investigation into every available layer of coverage becomes critical.
Federal Minimum Insurance Requirements for Commercial Trucks
Interstate commercial trucking companies are required under federal law to carry minimum levels of liability insurance, with the required amount depending on factors such as the type of cargo being transported and the size of the vehicle. Under 49 CFR § 387.9, for example, many for-hire carriers transporting non-hazardous property in vehicles with a GVWR of 10,001 pounds or more must carry at least $750,000 in liability coverage. Certain hazardous-material carriers must carry $1 million or $5 million, while qualifying smaller non-hazardous property carriers can have a $300,000 minimum. Passenger-carrying vehicles are subject to separate requirements.
Even when a trucking company meets the applicable federal minimum, that coverage can still be far less than what a serious injury actually costs. Determining what a particular carrier was required to carry, what coverage it actually had, and whether additional policies may apply can be an important part of evaluating a truck accident claim.
Why Trucking Company Coverage Disputes Happen
Trucking accident claims frequently involve more than one insurance company, and it isn’t unusual for those insurers to disagree about whose policy applies, how much is owed, or whether coverage exists at all. A few patterns come up often.
Policy Exclusions and Denials
Commercial trucking policies can contain exclusions tied to how the vehicle was being used at the time of the crash, who was driving, or whether certain safety or maintenance requirements were met. Insurers sometimes rely on these provisions to deny a claim outright or to argue that only partial coverage applies. Reviewing the full policy, not just the declarations page, is often necessary to determine whether an exclusion is actually being applied correctly.
Multiple Insurers and Layered Coverage
Larger trucking operations often carry layered coverage, a primary policy along with one or more excess or umbrella policies that apply once the primary limits are exhausted. When a serious injury claim approaches or exceeds the primary policy’s limits, identifying and pursuing these additional layers becomes essential to recovering full compensation for the harm caused.
Independent Contractor and Owner-Operator Coverage Gaps
Many trucks on the road are operated by independent contractors or owner-operators leased to a motor carrier, rather than direct company employees. This arrangement can create disputes over which policy, the driver’s individual coverage or the carrier’s commercial policy, applies to a given crash. Depending on the facts and the contractual relationship, the motor carrier may also bear legal responsibility for the driver’s conduct even when the driver is classified as an independent contractor. That can affect which parties and insurance policies need to be investigated.
If you’re concerned that a trucking company’s insurance won’t be enough to cover your injuries, call 832-891-3210 for a free consultation.
How Herrera PLLC Uncovers Additional Coverage
Because Jonathan Herrera spent years evaluating commercial trucking claims from the insurance side, he knows what a complete coverage picture should look like and where potential gaps may exist. An investigation into available coverage can involve several steps:
- Identifying potentially responsible parties: This may include the trucking company, driver, motor carrier, owner-operator, leasing company, broker, or other entities connected to the crash.
- Identifying applicable insurance policies: The investigation may include primary, excess, umbrella, or other potentially applicable policies.
- Reviewing policy limits and exclusions: The declarations, endorsements, exclusions, and other policy provisions can affect what coverage may actually be available.
- Reviewing contractual relationships: Lease agreements, operating arrangements, and other contracts can help determine which parties and policies may be relevant.
- Obtaining documents when necessary: Formal discovery may be required to obtain policy documents, contracts, or other information that isn’t publicly available.
Learn more about Jonathan Herrera’s background and experience.
Using Your Own UM/UIM Policy After a Trucking Accident
If a trucking company’s available insurance isn’t enough to cover the full extent of an injury, an injured person’s own uninsured/underinsured motorist (UM/UIM) coverage, if they carry it, may provide an additional source of compensation. Whether UM/UIM coverage applies, and how it interacts with any amount recovered from the trucking company’s insurer, depends on the specific policy language and the facts of the case.
Contact an Insurance-Savvy Truck Accident Attorney
If you were seriously injured in a truck accident and you’re concerned the trucking company’s insurance won’t cover the full extent of your losses, Herrera PLLC can review the coverage picture and help identify what options may be available. Jonathan Herrera personally handles every case from start to finish and brings a former insurance adjuster’s perspective to uncovering coverage that isn’t always obvious at first glance. While based in Houston, the firm represents clients throughout Texas, including the Rio Grande Valley, Dallas-Fort Worth, Austin, and San Antonio.
These cases are handled on a contingency fee basis: no upfront costs, and no attorney’s fees unless compensation is recovered. Consultations are free, confidential, and come with no obligation. Contact Herrera PLLC or Call 832-891-3210, email jherrera@jh-lawpllc.com, or complete the online contact form to discuss your case.
Frequently Asked Questions
When a trucking company's available insurance isn't enough to cover the full extent of an injury, the next step is generally identifying whether additional coverage exists, whether through excess or umbrella policies, other responsible parties connected to the crash, or the injured person's own uninsured/underinsured motorist coverage. An attorney can review the details of a specific crash to determine what sources of recovery may be available.
Federal minimum insurance requirements vary based on the type of carrier, vehicle, and cargo. For many for-hire interstate carriers transporting non-hazardous property in vehicles with a GVWR of 10,001 pounds or more, the minimum is $750,000. Certain hazardous-material carriers must carry $1 million or $5 million, while qualifying smaller non-hazardous property carriers can have a $300,000 minimum. Passenger carriers are subject to separate requirements.
Depending on the policy and the facts of the crash, an injured person's own UM/UIM coverage may be available if the trucking company's insurance doesn't fully cover the damages. Whether and how this coverage applies depends on the specific insurance policy involved.
Disputes between insurers over which policy applies, or how much each is responsible for, are generally resolved through negotiation, formal claims processes, or litigation when necessary. Reviewing all relevant policies and contractual relationships is usually the first step in resolving these disputes in an injured person's favor.
Identifying every available source of coverage in a trucking claim often requires understanding how commercial insurance policies are structured, including primary and excess layers, exclusions, and the relationships between motor carriers, brokers, and owner-operators. Jonathan Herrera's background as a former adjuster handling high-exposure trucking and commercial claims gives him direct, firsthand familiarity with how these policies are built and where gaps commonly appear.