Florida Commercial Truck Insurance Requirements

Operating a commercial truck in Florida comes with substantial responsibilities, including ensuring compliance with state and federal regulations. At Clayton Trial Lawyers, we understand the legal complexities of the trucking industry and the critical role that insurance plays in protecting businesses, drivers, and others on the road. Florida’s commercial truck insurance requirements are designed to make sure that trucking companies and owner-operators are financially prepared to cover damages or injuries resulting from accidents.  

Understanding Commercial Truck Insurance Requirements in Florida

In order to protect your trucking business, it’s critical to stay up-to-date with the law to stay compliant. Many trucks operate across state lines and so commercial truck insurance requirements in Florida are governed by both state and federal laws. These requirements ensure that trucking companies and drivers can cover liabilities arising from accidents, property damage, or injuries. Different from personal auto insurance, commercial vehicle insurance requirements are more stringent due to the size, weight, and potential risks associated with large trucks, such as tractor-trailers, dump trucks, or delivery vehicles.

In Florida, commercial truck insurance requirements vary widely, depending on the type of truck, its cargo, and whether it operates within Florida or across state lines. Failure to comply with these requirements can mean hefty fines, loss of operating authority, or legal liability in the event of an accident.  

Minimum Insurance Coverage for Commercial Trucks

Similar to personal auto insurance, Florida requires a minimum amount of coverage for commercial vehicles. Florida’s commercial truck insurance requirements mandate specific minimum coverage levels to protect against bodily injury and property damage. These minimums are set by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) for Florida operations and by the Federal Motor Carrier Safety Administration (FMCSA) for operations beyond Florida lines. The primary types of coverage required include the following: 

• Bodily Injury Liability: This covers injuries or death caused to others in an accident where the truck driver is at fault. For intrastate commercial trucks, Florida requires a minimum of $50,000 per person and $100,000 per accident.
• Property Damage Liability: This covers damage to another party’s property, such as vehicles or infrastructure, caused by the truck. The minimum requirement in Florida for intrastate trucks is $50,000 per accident.
• Combined Single Limit (CSL): CSL is a type of insurance which bundles bodily injury and property damage coverage.

These commercial truck insurance requirements ensure that trucking companies can cover damages in the event of an accident, protecting both the business and the public, should they be involved.  

Additional Coverage Types for Commercial Trucks

Beyond the mandatory commercial vehicle insurance requirements, trucking businesses often opt for additional coverage to reduce risks associated with accidents. These include the following:

• Cargo Insurance: This insurance protects the goods the truck is transporting and covers losses from theft, damage, or accidents. This is crucial for trucks carrying high-value or perishable goods.
• Physical Damage Coverage: This insurance covers repairs or replacement of the truck itself due to collisions, vandalism, or natural disasters. This is especially critical in Florida, where hurricanes and storms are common.
• Non-Trucking Liability (aka Bobtail Insurance): This insurance covers drivers when operating the truck without a trailer, such as in between jobs.
• Uninsured/Underinsured Motorist Coverage: Similar to the coverage with personal auto insurance, this type of insurance protects against accidents caused by drivers with insufficient or no insurance, a frequent issue on Florida’s roads.

The Difference between Federal and Florida Commercial Truck Insurance Requirements

For trucks operating interstate, the FMCSA sets higher commercial vehicle insurance requirements than Florida’s intrastate standards. For instance, a truck hauling general freight across state lines must carry at least $750,000 in liability coverage, while intrastate trucks may only need $100,000/$50,000. Additionally, interstate carriers must file proof of insurance with the FMCSA, typically through a Form BMC-91 or BMC-91X.

Florida’s commercial truck insurance requirements also mandate that businesses register with the FLHSMV and maintain proof of insurance in the vehicle at all times. Non-compliance can lead to penalties, including suspension of commercial vehicle registration or operating authority.

Special Considerations for Florida’s Trucking Industry

Florida’s environment and economy create specific challenges for meeting commercial truck insurance requirements. The state’s busy ports, such as those in Miami and Jacksonville, mean heavy truck traffic transporting goods, increasing the risk of accidents. Additionally, during Florida’s hurricane season, storms can flood the roads or throw debris into busy streets and highways. Moreover, trucks carrying hazardous materials, like fuel or chemicals, face stricter commercial vehicle insurance requirements, and may require $1 million or more in coverage. Similarly, oversized or overweight trucks, common in construction or agriculture, may need specialized policies to address their specific risks.

The Role of Insurance in Trucking Accident Claims

When a commercial truck is involved in an accident, insurance plays a pivotal role in determining compensation for damages or injuries. However, insurance companies often aim to minimize payouts, even when the truck driver is clearly at fault. Common tactics include disputing liability, undervaluing damages, or delaying claims processing.

At Clayton Trial Lawyers, we specialize in representing victims of truck accidents and trucking companies facing disputes over commercial truck insurance requirements. For example, if a truck’s inadequate coverage leads to insufficient compensation for a victim, we can explore additional avenues, such as pursuing the company’s assets or other liable parties, like a negligent shipper or maintenance provider.

How An Attorney Can Help in Meeting Commercial Vehicle Insurance Requirements

Complying with Florida’s commercial truck insurance requirements can be challenging for small businesses or owner-operators. Premiums for commercial vehicle insurance are significantly higher than personal auto insurance due to the increased risks and coverage amounts. Factors like a driver’s record, the type of cargo, and the truck’s value can drive up costs. 

Additionally, disputes with insurers over coverage limits or claim denials can complicate matters. For instance, an insurer may argue that damage falls under a policy exclusion, such as flood damage not covered by standard physical damage insurance.  

At Clayton Trial Lawyers, we assist trucking companies in reviewing their policies to ensure compliance with Florida’s commercial truck insurance requirements and federal regulations.