If you are hit by a delivery van, a rideshare vehicle, a contractor’s pickup, or an 18 wheeler, the harms tend to multiply. Commercial drivers put in long hours, operate heavier vehicles, and carry policies that look very different from ordinary car insurance. Those policy limits can either make your life easier or cut off your recovery well before your bills, lost income, and pain are fully covered. Understanding where the limits sit, how they stack, and when you can reach beyond them is the difference between a fair settlement and a shortfall you carry for years.
I have spent many late nights with clients at their kitchen tables, building claim files around hospital bills and repair estimates while we comb through declarations pages. The patterns repeat. The crash is one moment. The coverage puzzle takes months. What follows is the practical map I wish every injured person had on day one.
What “limits” really mean in commercial policies
Policy limits are ceilings, not promises. When a commercial auto policy says 1,000,000 combined single limit, it means the insurer will pay up to 1 million for all covered damages per accident, subject to the policy’s definitions and exclusions. Many small commercial fleets carry 500,000 or 1,000,000; some owner operators carry less; motor carriers engaged in interstate trucking often carry at least 750,000 for bodily injury and property damage liability because that is the federal minimum for certain vehicles hauling non hazardous cargo. Freight, passenger, and hazardous classifications have different minimums. Some larger companies maintain 2 million to 5 million primary limits or buy excess layers through an umbrella.
By contrast, many personal auto policies sit at 25,000 to 100,000 per person on bodily injury, with 50,000 to 300,000 per accident. That gap matters. If a loaded box truck pushes your car into a barrier, your orthopedic surgery, months of physical therapy, lost wages, and ongoing pain can easily run into six figures. The more the policy limit rises, the more room there is to negotiate value that matches your actual harm.
Still, limits do not guarantee a check. You must prove fault, connect your injuries to the crash, comply with state claim rules, and clear exclusions. If liability is disputed or comparative negligence is in play, the insurer may discount your claim even when the limit is large. A high limit without liability evidence is like a full gas tank in a car with no key.
Combined single limit versus split limits
Commercial policies typically use a combined single limit (CSL). Everything, from bodily injury to property damage, draws from one pool. Personal auto uses split limits more often, for example, 100,000 per person, 300,000 per accident, and 50,000 for property damage. With a CSL, an insurer can allocate more to property damage if, say, multiple vehicles and a guardrail are involved, or shift more to injury claims if the property piece is small. The flexibility can help you in catastrophic cases where a split limit’s property damage cap would otherwise choke recovery.
There is a trade off. In multi claimant collisions, one CSL can be consumed quickly. I worked a chain reaction crash where three vehicles were totaled and four people were hospitalized. The company’s 1 million CSL looked ample until hospital liens, medevac charges, and wage loss for two injured workers began to stack. Early notice and coordination matters, because once the pool is gone, late arrivals get nothing.
The corporate web behind the truck
Who actually insures the vehicle that hit you is not always the name on the door. A van with a marketplace logo may be owned by a local contractor who leases routes. A tractor may be owned by one company, the trailer by another, and the shipment by a third. The driver may be an employee or an independent contractor. Each relationship opens or closes doors to coverage.
Vicarious liability doctrine allows claims against an employer for an employee’s negligence within the scope of work. Independent contractor status complicates it, though carriers can still be liable for negligent entrustment, hiring, supervision, or failure to maintain. Many motor carriers are required to carry public liability insurance, and filings such as the MCS 90 endorsement can come into play for interstate trucking. An MCS 90 is not coverage in the everyday sense, but a federal guarantee that the motor carrier will pay a judgment for negligence within the regulatory minimums, then seek reimbursement from the insured if the loss was outside policy terms. It is a safety net for the public, not a shortcut to jackpot funds. Understanding these distinctions helps you name all responsible parties and preserve paths to recovery if the primary insurer denies coverage.
When state law changes the math
The same crash looks different across state lines because no fault rules, serious injury thresholds, and comparative negligence systems vary.
Florida pairs no fault with bodily injury claims and a serious injury threshold. You start with Personal Injury Protection (PIP), which covers 80 percent of reasonable medical expenses and 60 percent of lost wages up to your PIP limits, typically 10,000. The Florida PIP benefits 14 day rule requires you to seek initial treatment within 14 days to unlock benefits. To sue for pain and suffering against the at fault driver, you must meet the Florida serious injury threshold. In commercial vehicle cases, you often do, but the threshold still shapes strategy. Florida’s comparative negligence now bars recovery if you are more than 50 percent at fault, but allows reduced recovery if you are 50 percent or less.
New York has its own no fault system. Basic PIP pays up to 50,000 per person for reasonable medical expenses and part of lost earnings, regardless of fault, subject to strict claim deadlines and New York insurance regulations. To bring a lawsuit for non economic damages, you must meet the New York no fault serious injury threshold. When a box truck sideswipes you, the threshold debate often drives the case early. Meeting it opens the gate to the commercial insurer’s liability limits.
California uses pure comparative fault. You can recover even if you are 99 percent at fault, reduced by your percentage. That means a strong liability investigation matters, but even with disputed facts, your claim is not dead. California insurance bad faith law is also robust. When an insurer unreasonably delays, lowballs, or refuses to accept a reasonable within limits demand, it can face exposure above limits for bad faith.
Texas follows proportionate responsibility. If you are more than 50 percent at fault, you recover nothing. If you are 50 percent or less, your recovery reduces by your comparative negligence percentage. Texas insurance claim deadlines and prompt payment statutes can pressure carriers, especially when a trucking company denying claim drags things out. Small procedural choices, like when to send a demand and how to structure it, carry real leverage.
Michigan’s no fault structure shifted in 2020, but you still see Michigan unlimited PIP in older policies. The medical coverage available under PIP can dwarf liability limits. On the property side, Michigan’s mini tort allows limited recovery for vehicle damage not covered by your own policy, often up to a few thousand dollars. Commercial policies intersect with these features in ways that can be counterintuitive if you grew up in a pure tort state.
The point is simple. The same 1 million policy limit behaves differently under each state’s rules. Before you fixate on the limit, confirm what you can claim, from whom, and on what timetable.
Primary, excess, and umbrella coverage
Think in layers. Primary auto liability responds first, up to its limit. Excess or umbrella coverage sits above it. Umbrellas can follow form and pick up where the primary leaves off, or they can have different terms and exclusions. Large retailers, national carriers, and franchise networks often maintain layers: 1 million primary, then 5 million umbrella, sometimes several tiers with different insurers.
Accessing excess coverage is not automatic. Many excess carriers will not engage until you present a clear case that liability is established, damages exceed the primary, and the primary carrier is tendering its limit. The cleanest path is a within limits demand that the primary carrier should accept. If it refuses unreasonably, you step into bad faith territory, which can open the higher layers regardless. That risk often motivates settlement once the facts are in focus.
I once resolved a case where a fatigued truck driver was on the phone and drifted into stopped traffic. The primary carrier postured for months, then offered 60 percent of the limit while we were still deep in treatment. We documented hours of service violations and truck driver log book violation entries, pulled the truck’s black box data accident record, and mapped cell phone activity to lane departure. Within weeks of a time limited demand, they tendered the full primary limit and looped in the umbrella. The excess carrier did its own evaluation, then paid a substantial portion rather than risk a verdict. The headline number was not magic. It was layered, evidence driven leverage.
Company vehicles versus gig platforms
Commercial vehicle insurance is not just for freight. If an Uber driver hits you, who pays depends on the driver’s status within the app. Rideshare policies are trip phased. Offline, the driver’s personal insurance applies. App on, waiting for a request, the platform’s contingent liability coverage applies, often with lower limits. En route to a passenger or with a passenger onboard, higher limits apply, such as 1 million liability and 1 million uninsured/underinsured motorist coverage in many states. Lyft accident insurance and similar policies follow this structure.
Delivery platforms like DoorDash have their own versions. Doordash driver accident liability coverage can apply when a driver is on an active delivery. Amazon uses a network of delivery service partners with their own commercial policies, plus Amazon’s coverage in certain configurations. If you were hit by Amazon driver who is liable, you need to identify the exact entity. FedEx and UPS each have layers depending on whether the vehicle is company owned or contractor operated. The FedEx truck accident claim process is not the same as a local florist’s, even if both vans wear logos.
The recurring mistake is assuming the logo guarantees deep pockets. It might, but only if the relationship, timing, and policy phases align. The earlier you secure the trip data, dispatch logs, and driver status, the more clearly you can place the claim on the right carrier with the right limits.
When the limits still are not enough
Even with commercial limits, catastrophic injuries can exceed available coverage. That is when you look for stackable sources:
Your own uninsured/underinsured motorist coverage, which can apply when the at fault driver’s commercial limits are too low. In Texas and California, uninsured motorist claims can unlock significant additional funds if you purchased them. Uninsured motorist hit me is not just for hit and run, it is for underinsured too. Confirm anti stacking rules in your state and follow any consent to settle requirements so you do not forfeit UM/UIM benefits.
Third party defendants, such as a maintenance contractor who failed to service brakes, a shipper who overloaded a trailer, or a company that set impossible delivery windows that encouraged speeding. Negligent entrustment and supervision claims can reach corporate layers even when the driver is an independent contractor.
You can also pursue a diminished value claim when your vehicle loses market value after repair, especially in states that recognize post repair loss like California. Diminished value claims California often require market comparables and expert opinions. Some clients consider a diminished value lawsuit when insurers resist or lowball. If the carrier insists insurance won\'t pay what car is worth after a total loss, you may dispute valuation, request the comparable vehicles they used, challenge mileage or condition adjustments, and, if needed, hire an appraiser. Insurance offering too little for totaled car is common. The negotiation is winnable with documentation.
If you financed your vehicle and the total loss payout does not cover your loan, gap insurance can bridge the difference. When you face a gap insurance denied claim or the insurance offer not enough to pay off loan, review the gap contract for exclusions like late payments or loan add ons. Sometimes the issue is timing or missing documents rather than a hard denial.
Bad faith, lowballing, and the path beyond limits
Insurers owe duties to act reasonably, investigate promptly, and attempt fair settlement within limits when liability is clear and damages justify it. When they refuse to accept a within limits demand that a reasonable carrier would accept, and a later verdict exceeds the policy, the door opens to insurance bad faith exposure. In California, that can place the full verdict on the insurer, not the insured, based on California insurance bad faith principles. In other states, the path is narrower but still real. If you suspect manipulation or stonewalling, consult an insurance lowball offer lawyer or a car accident attorney who handles bad faith. Signs include insurance changed their mind on claim without new evidence, insurance company ignoring my calls for weeks, or a carrier insisting on a recorded statement while demanding broad medical releases before acknowledging liability.
If your own insurer totals your car and you believe the valuation is indefensible, you can ask, can i sue my insurance company for totaling my car. It depends on your policy’s appraisal clause and state law. Sometimes you must use appraisal or arbitration first. When the conduct crosses into insurance bad faith total loss territory, litigation becomes an option. Do not sign a release that waives rights you still need.
Evidence that grows the claim to reach the limit
Commercial defendants pay attention to leverage, and leverage comes from proof. Collect the police report, but know it is not the final word. If the police report wrong who was at fault, you can challenge it with dash cam proves other driver at fault footage, nearby cameras, ECM downloads, or witness re interviews. When a witness won't cooperate car accident investigations stall. Subpoenas and preservation letters help.
In truck cases, hours of service logs, the truck’s event data recorder, and dispatch notes show whether the truck driver was on phone, speeding, or skipping rest. A truck driver log book violation is not just a regulatory slap, it is evidence of negligence. In passenger vehicle commercial cases, cell phone records and telematics do similar work. If the other driver lied to insurance or the insurance says accident my fault but it wasn't, do not accept a denial at face value. Present the counter evidence and push for written explanations.
Medical evidence matters as much as fault. See a doctor early, even for what feels like stiffness. Delayed injury symptoms after car accident are common, especially for whiplash, concussions, and back injuries. If you wait a month, the insurer will argue the gap breaks causation. Should i see doctor after minor accident is a fair question. If you have headaches, dizziness, neck pain, numbness, or trouble concentrating, go. Keep a simple recovery journal. How to document injuries for claim is not complicated: save bills, keep therapy attendance, make notes of missed work, and photograph visible injuries. If the insurer demands irrelevant records, push back. Insurance company asking for medical records should be limited to reasonable, time bound requests connected to the injuries at issue.
Fault fights and how they limit recovery
Comparative negligence reduces your recovery by your percentage of fault. In Texas, the 50 percent fault rule bars recovery if you pass the midpoint. In pure comparative states like California, any fault bars recovery is not the law; you can still recover, reduced by your share. Parking lot accident who is at fault questions often devolve into word against word. Rear ended at a stop light usually puts fault on the rear driver, but there are exceptions, like a sudden unsignaled reverse. Chain reaction car accident fault divides among vehicles by spacing, speed, and reaction. Multi car pileup who is at fault requires a careful timeline.
Do not assume is the person in back always at fault means automatic liability. Build the case. If you were rear ended while stopped and the other driver says my fault belongs to you because you “stopped short,” dash cam footage car accident evidence changes the debate. If there is no police report car accident disputes rely on photos, repair angles, and statements. Insurance ignoring dash cam evidence is less common now, but it happens. Persist.
Recorded statements, deadlines, and why timing is a quiet limit
One of the fastest ways to harm your claim is a casual recorded statement with the other driver’s insurer. Insurance adjuster wants recorded statement is a routine ask. They are trained to lock you into estimates of speed, distance, and symptoms before you know the full picture. You can provide basic facts without a recorded statement, or do one with counsel present. Be cautious with broad medical releases. Insurers often try to obtain years of records to blame injuries on prior conditions.
Calendar the statute of limitations car accident for your state. The car accident claim deadline for PIP or medpay submissions can be much shorter than the time limit to sue after car accident. Missing the no fault threshold appeal windows, failing to give notice to a municipality, or not preserving claims against a government vehicle can quietly erase a strong case. Ask how long to file car accident claim with your own insurer to preserve coverage and avoid a denial for late notice.
On the process side, clients ask why is my insurance claim taking so long. Sometimes complex injuries or multiple claimants slow negotiations. Other times, the carrier is simply not prioritizing you. There are prompt payment and unfair claims practices laws in many states. If the other driver's insurance won't pay or your insurance denied claim for no reason, a firm demand referencing the regulatory timeline can get motion. When to hire car accident lawyer is often when you see these signs. Should i get a lawyer after car accident if injuries are minor and liability is clear is a fair question. Many small claims resolve without counsel. When injuries are serious, liability is disputed, or limits and layers are complex, a car accident law firm brings leverage you cannot build alone.
Property damage subplots that change leverage
Total loss fights and repair battles often run on a second track while your injury case proceeds. Insurance wants to use aftermarket parts to save money. Depending on your state, you can insist on OEM parts for newer vehicles or require clear disclosure and documentation. Insurance preferred body shop lists are suggestions, not mandates. Can insurance force me to use their body shop depends on state law, but most states allow you to choose your shop. If the car repair estimate too low misses hidden damage, ask the shop to submit a supplemental claim car repair package. If the body shop didn't fix car properly, escalate with the insurer and the shop. Hidden damage after car accident, such as frame issues, often appears after tear down.
When a car is totaled, you can often keep it as owner retained salvage at a reduced payout. Actual cash value vs replacement cost matters. Auto policies usually pay actual cash value. You can negotiate total loss settlement by challenging comparables, adjusting for options and condition, and presenting receipts for recent major maintenance. If insurance totaled my car but i disagree, request the valuation report and line item it. What percentage of damage totals a car varies by state law and insurer policy. Total loss threshold by state can run from 50 percent to threshold formulas like https://www.collisionhelp.org/ total loss calculator car that use repair cost plus salvage value exceeding ACV. If insurance totaled my car for minor damage, double check whether hidden structural damage or depreciation swung the math.
Rental car reimbursement after accident matters more with commercial claims, where repairs can be slower due to parts backorders. If the insurer refuses, ask who pays for rental car after accident under your policy or the other driver’s liability coverage. Insurance won't pay for rental car is common when liability is disputed. Keep receipts. You can claim loss of use even without renting in some states.
Settlement timing, negotiation windows, and checks
There is a rhythm to injury claims. How long does an insurance claim take depends on liability clarity, treatment length, and insurer responsiveness. How long does insurance have to settle claim? Statutes set some outer bounds, but settlement often comes after you reach maximum medical improvement or have a solid projection. Can i negotiate insurance settlement myself? Yes, especially for minor injuries. For significant harm, the gap between unrepresented and represented results is stark. What is a fair settlement for a car accident is not a formula, but a blend of medical expenses, future care, wage loss, loss of earning capacity, and non economic damages. Average car accident settlement figures you see online rarely fit a commercial case.
When to accept settlement offer? Only after you understand your injuries, the limits, and any liens. If the offer is within limits but low, a well built demand package with medical narratives, bills, wage records, and liability proof often moves the needle. If they still lowball, a time limited within limits demand creates pressure. If they accept, how long does it take to get settlement check ranges from a week to a month after release, depending on lien resolution. Why is my settlement taking so long can be hospital lien negotiations or a stubborn health plan. If the delay is purely the carrier sitting on a signed release, a firm follow up citing prompt payment rules helps. Can insurance company drop you after accident? They can choose not to renew in some cases, but dropping you mid term for a not at fault crash is unusual and regulated.
A short, practical checklist for day one
Photograph the scene, vehicles, and any visible injuries. Save dash cam footage and request nearby camera footage within days.
Get medical care within 24 to 48 hours, even if symptoms feel minor. Tell providers all symptoms, not just the worst one.
Notify your insurer quickly to preserve PIP, medpay, and UM/UIM rights. Confirm rental and repair options in writing.
Do not give a recorded statement to the other insurer without advice. Limit medical authorizations to injury related periods.
Consult a car accident lawyer if injuries are significant, liability is disputed, multiple vehicles are involved, or a commercial vehicle caused the crash.
When policy limits shape strategy
Policy limits determine how you frame the demand. With a low limit and severe injuries, you present a concise, well supported package that invites a tender rather than a fight. With high limits, you invest more in expert opinions, future care cost projections, and, in trucking cases, safety violations that justify a full value ask. If comparative negligence is likely, you front load liability work to minimize your percentage. If you are in a no fault state with a serious injury threshold, you make that threshold the early milestone and build medical narratives that satisfy statutory definitions.
When the carrier signals insurance won't accept liability or insists insurance says accident my fault but it wasn't, keep building. Bring in an accident reconstructionist if the stakes warrant it. If the carrier ignores your evidence or refuses a reasonable demand, you start the litigation clock. Filing suit is not failure; it is often how you reach excess layers or turn a stale negotiation into a serious one.
A word on uninsured and hit and run commercial cases
Hit and run what to do is simple but urgent. Call police, document, and notify your insurer promptly. Your UM coverage can step in when the other driver flees or has no insurance. Even when the vehicle is commercial, UM/UIM can be your largest source. Uninsured motorist claims Texas and in many other states require cooperation, recorded statements with your own insurer, and sometimes arbitration. Follow the policy steps to the letter. If your insurer stalls or undervalues, you can challenge, and in some jurisdictions, sue for bad faith if they cross the line.
Bringing it together
Commercial vehicle insurance limits are not just numbers on a declarations page. They are levers that move when you present clear liability, careful medical proof, and a claim strategy built for your state’s rules. Sometimes the limit is the ceiling that ends your case. Sometimes it is the opening bid in a layered recovery that includes an umbrella, a negligent entrustment claim, and your own UM/UIM. The right move on day one is not guessing the policy limit, but preserving evidence, getting treated, and mapping the coverage landscape.
If you are staring at a low offer that will not clear your bills, wondering can i negotiate insurance settlement myself, or trying to decide when to hire car accident lawyer, measure your case by complexity. Multi vehicle collision, disputed fault, serious injury, or a commercial logo on the other hood are bright flags. A seasoned car accident attorney knows the adjuster on the other end is managing a file, a reserve, and a set of deadlines. Your demand can speak that language. And if the carrier will not listen, the courthouse speaks even louder.
At the end of the day, your recovery should be about your health and stability, not the insurer’s spreadsheet. Limits set the outer boundary. What you do in the middle determines how close you get to the edge.