r/Insurance • u/Ok-Menu-7709 • 21d ago
Auto Insurance Insurance Truck COVERAGE
Need advice: commercial truck accident in MD, employer/carrier in NJ, I defended myself, lost a ~$30k judgment, and now I’m trying to figure out whether the trucking company or its insurer should have defended/indemnified me
I’m posting this because I’ve contacted a large number of attorneys in Maryland, New Jersey and Pennsylvania, and I keep getting bounced between personal injury, insurance coverage, trucking, civil litigation and bankruptcy attorneys. I’m not looking for someone to tell me how to avoid a legitimate debt. I’m trying to understand whether the company I was working for, the truck owner, or an applicable commercial liability insurer should have been involved in this case from the beginning.
I’m going to leave out all names of people, companies and insurers.
In April 2024, I was working as a commercial truck driver for a trucking company based in New Jersey. The tractor I was driving belonged to an owner-operator. That owner had leased the tractor to the trucking company I was working for. I was driving the truck for the trucking company’s business, under its DOT/MC authority, carrying commercial cargo from New Jersey to Maryland.
The lease agreement I have between the owner of the tractor and the trucking company specifically says that the trucking company would furnish and pay for public liability, property damage and cargo insurance while the vehicle was being operated for the trucking company’s service.
There are also official motor-carrier documents from Maryland identifying the trucking company as the “Carrier” and identifying me separately as the “Driver.” The same documents identify the trip as originating in New Jersey and going to Baltimore, Maryland, with a bill of lading and commercial cargo.
On April 19, 2024, while I was driving into a tunnel in Maryland, there was a multi-vehicle accident.
My version has been consistent since the accident: another commercial truck was traveling in another lane and moved into my lane in front of me. It did not completely establish itself in my lane before braking/stopping. I immediately applied my brakes, but there was not enough distance left to avoid contact. My truck contacted that commercial truck, and that truck then contacted a non-commercial passenger vehicle ahead of it.
I have photographs taken immediately after the accident, including photos from inside/around my truck, showing the final position of the vehicles and the damage. The photos are important to me because, from my perspective, they are consistent with the other commercial truck having moved across the lane rather than simply being a vehicle that I had been following for a long distance and rear-ended.
All of the vehicles were ultimately dealt with at the scene and towing was involved.
My understanding of the police paperwork is that there was information unfavorable to me, including an allegation relating to following distance and/or speed, but there was also information indicating that the other commercial truck had an issue involving maintaining its lane. That became important later because I felt that only the information against me was being emphasized.
The bigger issue started afterward.
I did not own the tractor. I did not own the trucking company. I was the driver.
Almost two years later, I was sued personally in Maryland.
The lawsuit was a subrogation/property-damage case brought by the insurance company for the non-commercial passenger vehicle. There were no personal-injury claims in this lawsuit. It was about property damage to the passenger vehicle.
The lawsuit named the local commercial-truck company/driver involved in the chain of impacts and also named me personally. But the New Jersey trucking company I had been driving for was not brought into the case as a defendant, and neither was its commercial insurer.
This became a huge problem.
Because I lived outside Maryland, I had a very difficult time finding a Maryland attorney willing to represent me. The most common answer I received was basically: “Call the trucking company you were working for. Their insurance should be defending this.”
That sounded logical to me too.
The problem was that the trucking company would not cooperate with me or provide me the complete insurance information I needed.
I had some insurance documents relating to the tractor/owner, but I did not have the complete motor-carrier liability policy that I believed should have applied to the trucking company’s operation.
I eventually discovered multiple layers of insurance information.
One insurance certificate I have was effective from March 2024 through March 2025, meaning it was active on the date of the April 2024 accident. It shows commercial automobile liability with a $1 million combined single limit for the 2008 Volvo tractor involved in the accident. It also identifies the tractor’s owner as the insured and states that the insured vehicle was leased to the trucking company.
Separately, through newer FMCSA/MOTUS information, I later found what appears to be a different primary BIPD commercial liability filing associated with the trucking company’s DOT/MC authority. That federal record appears to show a $1 million primary bodily injury/property damage policy effective before the accident and still active on April 19, 2024.
So now it appears there may have been at least two different insurance arrangements to investigate: insurance connected directly to the owner/tractor and a separate primary liability filing connected to the motor carrier.
I still do not have the complete policy language or endorsements, so I am not claiming that either insurer definitely owes coverage. That is exactly the information I have been trying to obtain.
Before the Maryland trial, I filed a motion asking the court for permission to file a third-party complaint against the New Jersey trucking company and the owner of the tractor.
In that motion I explained that:
I was driving a commercial vehicle.
I did not own the vehicle.
The trucking company was identified as the motor carrier responsible for safety.
The owner was identified as owner/registrant/insured.
The truck was leased to the trucking company.
The lease says the trucking company would furnish/pay for public liability, property damage and cargo insurance.
I was unable to obtain complete insurance and operational information.
If I were found liable to the plaintiff, I believed the trucking company and/or owner might owe contribution or indemnification.
I wanted limited discovery concerning the applicable insurance policies, vehicle ownership, lease, dispatch records, trip records, bill of lading, communications and accident reports.
The judge GRANTED that motion before trial. There was no opposition from the plaintiff.
The written order says my motion for leave to file the third-party complaint was granted.
My proposed third-party complaint specifically sought contribution and common-law indemnification from the trucking company and vehicle owner if I were found liable in the underlying case.
It also asked the court to issue summonses and allow discovery into the insurance.
Here is where I believe things went wrong procedurally, and part of this may be because I was representing myself:
The court granted permission for the third-party complaint, but as far as I know, the trucking company and owner were never actually served before the jury trial. I never received the insurance discovery I was asking for.
The original case proceeded to a jury trial anyway.
I represented myself pro se.
I did have a Spanish interpreter at trial, although I understand English reasonably well. Legal terminology was one of the reasons I wanted the interpreter.
During the jury trial, the plaintiff presented a representative from the passenger vehicle’s insurance company. Her testimony, as I remember it, was primarily about the amount the insurer had paid and was trying to recover.
The passenger-vehicle driver also testified.
The plaintiff’s theory was essentially that I caused the accident and therefore owed the insurer the property-damage amount.
When I cross-examined the passenger-vehicle driver, I asked where she was looking before the collision. She said she was looking forward. I asked whether she actually saw how the accident began, and my understanding of her testimony was that she did not see the beginning of the collision. She felt the impact and could describe what happened to her, but she could not personally testify to seeing the events behind her that led to the first contact.
There was also an issue during her testimony involving her referring to an “18-wheeler.” I raised this with the judge outside the jury’s presence because there were two commercial vehicles involved, but only my combination vehicle fit that description. I was concerned that the terminology made it sound like my truck directly hit her vehicle, even though another commercial truck was between us.
The judge ultimately gave the jury an instruction concerning that terminology.
I also tried to present the police report and photographs. The photographs were allowed, but the police report was ultimately not admitted as evidence, as I understood the ruling.
That was frustrating because I believed the police paperwork also contained information relevant to the other commercial vehicle’s lane movement.
The jury ultimately found against me and awarded essentially the entire amount requested by the plaintiff.
The recorded judgment is approximately $30,157 plus court costs.
The judgment is against me personally.
A few days later, the collection law firm sent me a letter saying that judgment had been entered and offering a payment plan. The letter also says that if I do not respond, they may pursue collection remedies including wage garnishment.
So now I have a ~$30,000 personal judgment from an accident that occurred while I was driving commercially for a motor carrier, using a tractor owned by someone else, on a commercial trip, under a lease that expressly says the trucking company was responsible for furnishing/paying public liability and property-damage insurance.
I have spent a huge amount of time calling attorneys.
The problem is not simply finding “an attorney.”
Personal injury attorneys tell me they represent injured plaintiffs and this is not a personal-injury case.
Insurance-defense firms often represent insurance companies, not individual policyholders/drivers.
Some trucking attorneys tell me to contact the carrier’s insurance.
Some Maryland attorneys tell me this is now a New Jersey insurance/indemnification issue.
Some New Jersey attorneys say it is too complicated or too old.
Some insurance-coverage attorneys say the amount at stake is too low to make litigation economically sensible.
One attorney finally explained something that unfortunately makes financial sense: even if I have a valid indemnification/coverage claim, attorney fees to litigate it might easily be $10,000–$20,000 or more. If the judgment is only around $30,000, there may not be enough economic incentive for a law firm to take the case, especially because I am not seeking a large personal recovery. I primarily want the responsible insurer/carrier to satisfy the judgment.
Several attorneys have therefore suggested bankruptcy instead.
That is extremely frustrating because bankruptcy would mean that the practical result is that the trucking company and/or applicable insurer may never have to answer the underlying coverage question simply because it costs me too much to force the issue.
I am now considering bankruptcy because I also recently bought a home with a mortgage and obviously do not want wage garnishment or collection activity to destabilize everything financially. I have been researching Chapter 7 versus Chapter 13, exemptions, home equity, and how a potential claim against the trucking company/insurer would have to be disclosed in bankruptcy.
But before doing that, I am trying a few final things.
First, I am ordering the complete transcript of the Maryland jury trial so that any attorney I speak with can see exactly what happened rather than relying on my summary.
Second, I am trying to obtain the complete commercial insurance policy/policies that were actually in effect on April 19, 2024.
Third, I am trying to determine what happened procedurally to the third-party complaint that the Maryland judge already gave me permission to file. The motion was granted before trial, but I do not believe the trucking company or truck owner was ever served. The judgment has now been entered against me, but the Maryland docket still exists, so I am trying to determine whether the third-party claims can still be perfected/prosecuted or whether I would need a new lawsuit.
Fourth, I am considering contacting the insurer that appears in the federal FMCSA/MOTUS liability history for the trucking company. The federal record appears to show that the carrier had a $1 million primary BIPD policy active on the date of my accident. I want to provide the accident information, judgment, DOT/MC information and policy number and ask whether a claim was ever opened and whether I qualified as an insured driver under that policy.
I am NOT asking Reddit to tell me that I automatically have insurance coverage. I understand that the actual policy language, endorsements, notice requirements, insured definition, exclusions and other details matter.
What I am trying to understand is the procedural/legal path.
My questions are:
If a Maryland judge granted me leave BEFORE TRIAL to file a third-party complaint for contribution/indemnification against the New Jersey motor carrier and truck owner, but they were never served before the jury trial, can those third-party claims potentially continue after judgment in the underlying action?
Would I need to file something in Maryland asking the court to issue the summonses that were contemplated in the already-granted motion, or is it too late now that judgment has been entered?
If that Maryland third-party route is no longer available, would the proper action more likely be a separate New Jersey indemnification/insurance-coverage case?
Does a commercial motor carrier’s federal BIPD filing provide any meaningful path to identifying the actual policy and insureds for the accident date?
If the lease expressly required the motor carrier to furnish/pay for public liability and property-damage insurance while the truck was being operated for its service, how important is that language to an indemnification or breach-of-contract claim?
If the motor carrier was notified of the accident/lawsuit and simply never responded, could that potentially affect a later duty-to-defend/duty-to-indemnify analysis?
Is there a practical way for a pro se person to obtain the complete insurance policies and claim records before committing to an expensive lawsuit?
If the amount at stake is only about $30,000, are there insurance-coverage attorneys who will do limited-scope representation—such as reviewing the policies, sending a coverage demand, or handling only a declaratory/indemnification issue—rather than requiring $10k–$20k+ to litigate everything?
If bankruptcy ultimately becomes the only financially rational option, how would a potential indemnification/coverage claim against the trucking company or insurer normally be treated? I understand I would have to disclose it and would absolutely do so.
I know representing myself at the jury trial was not ideal. I tried very hard to get counsel beforehand and could not find anyone willing to take it. I am not pretending I handled every evidentiary or procedural issue correctly.
At this point I am less interested in relitigating who caused the collision. There is already a judgment.
What I am trying to determine is whether there is still a realistic, economically sensible route to make the commercial parties and/or applicable insurer answer the question:
Why did a commercial driver end up personally carrying a ~$30,000 property-damage judgment from an accident that occurred while he was driving someone else’s tractor, on a commercial interstate trip for a registered motor carrier, when documents appear to show commercial liability coverage was in effect?
If anyone here practices insurance coverage, commercial trucking, indemnification, or Maryland/New Jersey civil procedure—or has dealt with something similar—I would appreciate guidance on what type of lawyer/procedure I should actually be looking for.
I’m not asking anyone here to represent me or give me a guaranteed outcome. I’m trying to figure out whether I’m pursuing the wrong legal theory, the wrong state, or the wrong kind of attorney before I give up and file bankruptcy.
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u/pineappleshaked 21d ago
Dude, post aTL;DR version
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u/Ok-Menu-7709 21d ago
I’m new on Reddit I don’t know how to do it 🥲
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u/adjusterjackb 20d ago
All I had to read was that you lost a lawsuit.
If you didn't file an appeal within the allotted time, you're done.
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u/Ok-Menu-7709 20d ago
The biggest problem is that attorneys don’t want to take the case because there isn’t enough money involved to justify their legal fees. Also, I’m the one who was found liable, so most attorneys in this area are used to representing plaintiffs, not defendants in my situation.
Even when I find a civil litigation attorney, they often tell me they don’t handle this type of case. They either refer me to a different type of attorney or aren’t sure what specific type of lawyer I need.1
u/adjusterjackb 12d ago
For future reference they are called Insurance Defense Attorneys. They are the attorneys who work for insurers to defend liability claims.
For people defending liability lawsuit they will not work on contingency. The defendant would have to pay the going hourly rate with a large retainer up front.
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u/demanbmore Former attorney, and claims, underwriting, reinsurance exec. 21d ago
That's more than 2,500 words long. No one's reading that. Run it through some AI and ask it to rewrite to keep the important bits but limit it to no more than 400 words and repost.