Under Ohio law, every driver must carry minimum liability insurance to provide compensation for people injured in an accident. Of course, the same is true for commercial truck drivers and their employers. However, asserting your legal rights and seeking compensation after a truck accident is very different from seeking compensation after a car accident. While many of the same general principles apply, truck accident injury cases present additional challenges. Additionally, because injuries suffered in a truck accident are often catastrophic, the stakes are high, and maximizing financial recovery is critical.

Insurance coverage should be available when a truck causes an accident. Unless you were the at-fault driver, you can file a claim to seek compensation for your injuries and other losses you suffered.

Even though insurance coverage is available, obtaining the compensation you and your family deserve is not always straightforward. Because injuries suffered in trucking accidents are often severe and result in large claims for damages, it is important to work with an experienced truck accident injury lawyer who understands trucking insurance policies and knows how to access additional insurance coverage to ensure your losses are fully covered.

For more than 35 years, Robenalt Law has represented people who suffered serious, catastrophic injuries in trucking accidents. We know how to navigate these complex claims and how to obtain optimal results for our clients. To put our expertise to work for you, contact Robenalt Law today.

Understanding Insurance Policy Limits in a Truck Accident Injury Claim

When a truck accident causes catastrophic injuries, understanding the role of insurance coverage is crucial to recovering the compensation you deserve. The truck driver and their employer should have insurance coverage available to pay for your medical bills, damage to your vehicle, and other losses you experienced because of the accident.

However, many truck accidents result in catastrophic, life-changing injuries or wrongful death. These claims can result in massive claims for legal damages. So what happens if the trucking company’s insurance policy is insufficient to cover the full extent of your losses?

What Is “Excess” or “Umbrella” Insurance Coverage?

Many trucking companies carry additional insurance, known as an “excess” or “umbrella” insurance policy, that provides additional coverage beyond the limits of their primary liability policy.

Trucking companies have two types of additional insurance coverage available. The terms “excess” insurance and “umbrella” insurance are often used interchangeably, but there are slight differences between the two.

• Excess insurance covers the trucking company against specific hazards and only applies to losses or damages that are beyond the amount of the trucking company’s primary insurance policy.
• An umbrella policy provides additional insurance coverage in cases of catastrophic loss. Umbrella insurance typically provides additional insurance coverage across multiple primary policies and would be available to provide coverage when a claim exceeds the trucking company’s primary insurance policy or in cases where the underlying insurance policy does not cover a claim.

When Is Excess or Umbrella Coverage Available?

Excess and umbrella insurance coverage provides trucking companies with an added layer of protection when a legal claim exceeds the limits of their primary insurance policy.

Suppose, for example, that a person was involved in a trucking accident that resulted in catastrophic, life-changing injuries. The total value of their claim is $3 million. But suppose the policy limits of the trucking company’s primary insurance policy was only $1 million. If the trucking company had an excess or umbrella insurance policy, that policy may provide additional insurance coverage that could make up the shortfall.

Are Trucking Companies Required to Disclose Insurance Policy Limits?

Disclosing a defendant’s insurance policy limits and the existence of excess or umbrella insurance coverage is a highly controversial issue in truck accident injury cases. Victim’s advocate groups believe that disclosing a defendant’s insurance policy limits encourages resolution and avoids needless litigation. Yet many insurance industry leaders maintain that knowing a defendant’s insurance policy limits is irrelevant to resolving a claim.

As part of the claims resolution process, most plaintiff’s attorneys request insurance coverage information, including the limits of the defendant’s primary insurance coverage and any excess or umbrella insurance policy. This allows the plaintiff’s lawyer to negotiate with full knowledge of the money available for a possible resolution of the claim. Refusing to disclose the policy limits confers an advantage on the insurance company by forcing the plaintiff to negotiate in the dark and make settlement demands without the benefit of knowing the full extent of insurance coverage available.

Whether a defendant is required to disclose their policy limits often depends on the extent of the plaintiff’s injuries and the state in which the litigation is taking place. Under Ohio law, a defendant is not required to disclose the limits of their insurance policy. However, failure to do so can expose the truck driver, their employer, and their insurance companies to claims for bad faith, which may entitle the injured person and their family to additional compensation if the insurance company unreasonably denies, delays, or undervalues their claim.

Put Our Experience to Work for You

Claims for injuries suffered in trucking accidents are complex and challenging, and the stakes are high. If you were injured or a loved one was killed in a trucking accident, having experienced legal representation is crucial to successfully obtaining the compensation you and your family deserve.

Tom Robenalt began his career at a large Cleveland law firm that defended trucking companies under their insurance policies. He learned first-hand how insurance companies evaluate these claims, and he knows the tactics they use to try to minimize payouts to injured victims. Today, he uses that experience to help people who were injured in trucking accidents obtain the compensation they deserve. To put his expertise to work for you, call (216) 223-7535 or contact Robenalt Law today to schedule a free and confidential appointment to discuss your situation and how he can help.