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After an Accident, do I Sue the Truck Driver’s Employer or Insurance Company?

Unfortunately, the legal landscape surrounding insurance claims can often be complex and frustrating, particularly when seeking recourse for damages incurred in accidents involving commercial vehicles. While one may be inclined to pursue legal action against an insurance company directly, the intricacies of the law dictate otherwise. In most cases, individuals can only sue their own insurance company under specific circumstances, such as for breach of contract if the insurer fails to honor obligations regarding personal injury protection (PIP) benefits or uninsured/underinsured motorist coverage. This limitation stems from legal restrictions that prohibit direct lawsuits against insurance companies in many contexts. Instead, the recourse typically involves pursuing legal action against the entity ultimately responsible for the incident, such as the trucking company in the case of accidents involving commercial trucks.

Despite the practical reality that insurance companies often bear the financial responsibility for damages and settlements, the legal process operates on the premise that claims are made against the liable party rather than the insurer directly. This means that while negotiations and financial transactions may primarily involve interactions with the insurance company, the legal action itself is directed at the at-fault party, whether it be an individual driver or a corporate entity.

During legal proceedings, such as a trial, the issue of insurance coverage is often treated with delicacy. While the insurance company may be the entity ultimately footing the bill, there are rules in place that prohibit disclosing this information to the jury. This means that plaintiffs are typically not allowed to explicitly inform the jury about the existence or extent of insurance coverage related to the case. The rationale behind this restriction is to prevent potential bias or influence on the jury’s decision-making process, ensuring that judgments are based solely on the merits of the case rather than considerations of insurance coverage.

As a result, plaintiffs must navigate the legal terrain carefully, focusing their arguments and evidence on proving liability and demonstrating the extent of damages without directly referencing insurance coverage. This can present challenges in effectively conveying the full scope of the financial implications of the incident, as well as in managing expectations regarding potential compensation.

In the context of accidents involving commercial vehicles, such as trucks, navigating the legal complexities can be particularly daunting. Given the substantial resources often involved, including insurance policies with high coverage limits, the stakes are significantly elevated. However, despite the central role that insurance companies play in the claims process, the legal framework dictates that legal action must be directed at the responsible party rather than the insurer directly.

In conclusion, while insurance companies ultimately bear the financial responsibility for damages in many cases, the legal process mandates that lawsuits must be directed at the liable party rather than the insurer itself. This legal nuance underscores the importance of understanding the intricacies of insurance law and navigating the claims process with diligence and care. Despite the challenges posed by limitations on disclosing insurance coverage during legal proceedings, individuals can still seek justice and compensation for damages incurred, albeit within the confines of the legal framework governing insurance claims and liability.


Gregory H. Herrman has been committed to providing quality legal representation for injured accident victims in the Corpus Christi area and the Rio Grande Valley for many years. After getting his J.D., Herrman joined a firm in Corpus Christi, handling both plaintiff’s personal injury and insurance defense cases. After five years, he joined his brother, David, and another attorney to form their own law firm committed solely to representing injured accident victims. Herrman has maintained that focus in his practice ever since.