By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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Federal insurance minimums for trucks
Federal regulations set the least a motor carrier must carry for public liability. They apply to for-hire carriers moving property in interstate or foreign commerce in vehicles with a gross vehicle weight rating of 10,001 pounds or more, with added rules for hazardous materials (49 C.F.R. Part 387).
| What the truck carries | Federal minimum | Rule |
|---|---|---|
| Nonhazardous property, for-hire, interstate | $750,000 | 49 C.F.R. 387.9 |
| Oil and certain hazardous materials | $1,000,000 | 49 C.F.R. 387.9 |
| Hazardous substances in bulk cargo tanks and certain high-hazard loads | $5,000,000 | 49 C.F.R. 387.9 |
| Buses seating 15 or fewer, including the driver | $1,500,000 | 49 C.F.R. 387.33T |
| Buses seating 16 or more | $5,000,000 | 49 C.F.R. 387.33T |
These are floors. Many carriers buy more, sometimes through an excess policy that sits on top of the first one. Trucks that stay inside one state may follow state rules instead; our FAQ on truck insurance minimums in California and Washington covers those.
For a funder, the higher floor changes the question. In a car accident case the other driver’s small policy often caps the claim. In a truck case the coverage is less likely to be the limit, so a funder spends more of its review on fault, the injuries and how long the case may take.
Why truck cases run longer
A crash with a commercial truck can involve the driver, the motor carrier, a broker, the company that loaded the trailer, a maintenance shop or a parts maker. Each may have its own insurer and its own lawyer, and each may point at the others. Our FAQ on who is liable in a truck accident explains those roles.
The proof takes time to gather too. Driver logs, electronic data and dashcam video can decide fault; see truck black box and dashcam evidence. Insurance questions get answered in the lawsuit. In California, discovery can reach the existence and contents of any insurance agreement that may pay a judgment, and whether the insurer disputes coverage (CCP 2017.210). Fault may be shared, and Texas bars recovery when the injured person is more than 50 percent responsible (CPRC 33.001). Our FAQ on how long a truck accident lawsuit takes covers the stages.
What a longer case does to the payoff
Example only
Suppose a $10,000 advance with a hypothetical simple charge of 2 percent a month, or $200 a month. If the case resolves at 18 months, the payoff is $13,600. At 36 months, it is $17,200. These are round, made-up numbers. Real contracts may compound, add fees or set minimum periods, and the contract terms decide what is owed.
Some states stop the clock. California’s Consumer Legal Funding Act says charges may not run beyond 36 months from the funding date (Bus. & Prof. Code 6250(a), AB 931). Other limits are in the laws by state table. A long case also tempts people to take a second advance, and each funding usually carries its own charges and its own clock; see getting a second advance and what funding costs.
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Liens and other claims in serious truck injury cases
Serious truck injuries often mean large hospital bills, and with them hospital liens, health plan claims, and Medicare or Medicaid recovery rights. If you were driving for work, your workers’ comp benefits are a separate claim, and they generally cannot be assigned to a funder in California (Lab. Code 4900), Texas (Lab. Code 408.202) or Washington (RCW 51.32.040). Ask your lawyer what rights the comp carrier has against the truck claim; see the workers’ compensation page. Our page on funding and medical liens explains who is usually paid first. When a crash takes a life, the family’s claim follows separate rules covered on the wrongful death page.
What to ask before you sign
- How many defendants and insurers are involved, and has any insurer disputed coverage?
- What is my lawyer’s rough view of how long this case could take, and what will I owe at that point?
- Does the contract stop charges at a set month or cap the total owed?
- Will a second advance restart charges or a time limit?
- What will the funder ask to see, and will it go through my lawyer only?
Common questions
Does the trucking company's insurance make funding easier to get?
It can help, because coverage is less likely to cap the claim. Funders still weigh fault, the injuries and the time left. The Avraham and Sebok study found that the funder it examined rejected roughly half of the applications in its data (104 Cornell L. Rev. 1133).
Can I get an advance before a lawsuit is filed?
That depends on the funder and your state. Many state funding laws require a written acknowledgment from your lawyer, which assumes a lawyer is already on the case. Ask your lawyer what can be shared at that stage.
What if the truck came from another state?
The case may be filed in a different court or face extra steps. Our FAQ on an out-of-state truck crash in California explains the issues, and timing affects any advance.
Will the trucking company find out about my advance?
Possibly. Some states require funding contracts to be disclosed, and the defense may ask about them; see funding and attorney-client privilege.
Does a bigger policy mean a bigger advance?
Not by itself. Offers depend on the funder’s view of the likely result and timing; our FAQ on what drives truck settlement value and the guide to lawsuit cash advances cover the factors. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Beverly Law does not offer or arrange lawsuit funding and receives no payment from funding companies. Beverly Law offers a free case review in English or Spanish at (310) 552-6959 if you have questions about your injury case. You owe no fees or costs unless we win.
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Related pages
Cash advance on a lawsuit · Laws by state · Injury law FAQs
Sources
- 49 C.F.R. Part 387 (sections 387.3, 387.9, 387.33T) (ecfr.gov)
- 49 C.F.R. 387.9 (ecfr.gov)
- Cal. Code Civ. Proc. 2017.210 (leginfo.legislature.ca.gov)
- Cal. Bus. & Prof. Code 6250 (AB 931, Stats. 2025, ch. 565) (leginfo.legislature.ca.gov)
- Avraham & Sebok, An Empirical Investigation of Third Party Consumer Litigant Funding, 104 Cornell L. Rev. 1133 (2019) (publications.lawschool.cornell.edu)
- Cal. Lab. Code 4900 (leginfo.legislature.ca.gov)
- Tex. Lab. Code 408.202 (tcss.legis.texas.gov)
- RCW 51.32.040 (app.leg.wa.gov)
- Tex. Civ. Prac. & Rem. Code 33.001 (tcss.legis.texas.gov)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.