Commercial trucks operating in Georgia must satisfy minimum financial responsibility requirements designed to ensure that, when crashes happen, money is available to compensate people who are injured or who suffer property damage. Those minimums come from two main sources: federal law, which governs most interstate operations and certain intrastate operations involving hazardous materials, and Georgia law, which governs motor carriers operating wholly within the state. This guide explains the basic framework, identifies the principal dollar amounts, and points out the situations in which higher limits apply.
The Federal Layer
For motor carriers operating in interstate commerce, financial responsibility is governed by 49 CFR Part 387, issued by the Federal Motor Carrier Safety Administration under the authority of 49 USC Section 31139. The amounts depend on what is being transported.
For motor carriers of property other than hazardous materials, in vehicles with a gross vehicle weight rating of 10,001 pounds or more, the minimum financial responsibility is generally $750,000 per occurrence for any one accident causing bodily injury, property damage, or both.
For motor carriers of certain hazardous materials, the minimum rises to $5,000,000 per occurrence. This higher figure applies, among other categories, to bulk transport of oil listed in 49 CFR Section 172.101, hazardous substances, hazardous wastes, hazardous materials, and certain hazardous materials in cargo tanks with a capacity over 3,500 water gallons. Other hazardous materials transported in lesser quantities can require $1,000,000 in coverage.
For motor carriers of passengers, the minimum is generally $5,000,000 per occurrence for vehicles with a seating capacity of 16 passengers or more, including the driver, and $1,500,000 per occurrence for vehicles with a seating capacity of 15 passengers or fewer.
These federal minimums are documented and proven through the filing of Form MCS-90, an endorsement that obligates the insurer to pay any final judgment recovered against the insured for negligent operation up to the statutory minimum, even when a policy exclusion would otherwise apply. The MCS-90 protects the public, not the insured. It does not by itself create a direct cause of action against the insurer in state court.
The Georgia Layer
Georgia’s motor carrier law is set out in Title 40, Chapter 1, Article 3 of the Official Code of Georgia Annotated, also known as the Georgia Motor Carrier Act of 2012. Two key provisions address insurance: OCGA Section 40-1-112 for carriers of household goods, property, and passengers, and OCGA Section 40-2-140 for motor carriers registered through the Unified Carrier Registration system and other interstate carriers operating in Georgia. Both statutes require the carrier to maintain liability insurance in amounts determined by the Georgia Department of Public Safety.
The Department of Public Safety establishes the specific dollar amounts by regulation rather than by statute, allowing the agency to adjust limits administratively. The widely referenced intrastate minimums under the Department’s rules generally include the following.
For freight carriers operating under Georgia Intrastate Motor Carrier (GIMC) authority, public liability minimums commonly referenced are $100,000 per person and $300,000 per accident for bodily injury, along with $50,000 for property damage. These figures reflect the Department’s regulatory minimums for general intrastate freight operation.
For household goods carriers, in addition to the underlying liability coverage, cargo coverage requirements typically apply, often referenced at $5,000 per vehicle and $10,000 per occurrence under the Department’s rules. The precise figures appear in the current Department of Public Safety regulations and any related Public Service Commission requirements.
For passenger carriers, minimums increase with vehicle capacity. Smaller passenger-carrying vehicles are commonly required to maintain $100,000 per person and $300,000 per accident for bodily injury, while larger buses carrying more passengers are subject to higher per-accident totals.
Because the Department of Public Safety updates its regulations from time to time, the precise current amounts appear in the Department’s published rules, which control the figures in effect on any given date.
Baseline Auto Insurance for All Drivers
Separate from the motor carrier framework, Georgia’s general motor vehicle financial responsibility law requires all drivers to maintain minimum liability coverage of $25,000 per person, $50,000 per accident for bodily injury, and $25,000 for property damage. This baseline is the floor for any motor vehicle on Georgia roads under OCGA Section 40-6-10 and related provisions, but it is well below the levels required for commercial vehicles subject to either federal or state motor carrier rules. The commercial minimums supersede the general minimum when they apply.
Cargo, Workers’ Compensation, and Other Coverages
Liability insurance is only part of the picture for many commercial trucking operations.
Cargo insurance. Carriers of property may be required by federal or state rules, by their shippers, or by their broker agreements to maintain cargo insurance. Federal cargo coverage minimums under 49 CFR Section 387.303, where applicable, are commonly referenced at $5,000 per vehicle and $10,000 per occurrence for household goods.
Workers’ compensation. Georgia requires most employers, including motor carriers, to maintain workers’ compensation insurance for their employees under OCGA Section 34-9-120 and related provisions. This is separate from auto liability and protects employees injured on the job.
Umbrella and excess coverage. Many motor carriers purchase coverage above the statutory minimums, often $1,000,000, $2,000,000, or much more, layered with primary policies. These higher limits matter significantly when catastrophic injuries exceed the minimum.
How These Limits Apply After a Crash
When a commercial truck causes a serious crash in Georgia, identifying the applicable insurance is one of the first practical questions. Whether the operation was interstate or intrastate, the nature of the cargo, the vehicle’s weight rating, and whether the carrier was operating under leased authority all influence which minimum applies.
The Direct Action Statutes. Georgia historically allowed plaintiffs to join the motor carrier’s primary liability insurer as a defendant in certain motor carrier cases under OCGA Sections 40-1-112 and 40-2-140. Senate Bill 426, effective July 1, 2024, narrowed this right to circumstances involving insolvency, bankruptcy, or failure to obtain personal service on the driver or carrier. The reduction does not change the underlying insurance minimums, but it changes who can be named in the lawsuit.
The MCS-90 Endorsement. Where an interstate carrier’s policy contains an MCS-90 endorsement, the endorsement may obligate the insurer to pay a covered judgment up to the federal minimum even when the underlying policy contains exclusions. The endorsement is a public-protection device, and the insurer may have a right of reimbursement against the insured under its own contract terms.
Layered Coverage. In serious crashes, total exposure can run into the millions of dollars. The applicable layers commonly include the primary commercial auto policy, any umbrella policy, excess insurance, employer-provided coverage, and, in some cases, broker or shipper insurance under specific contractual arrangements.
Verification and Filings
Motor carriers file proof of insurance with regulators. At the federal level, interstate property carriers file Form BMC-91 or BMC-91X for liability and BMC-34 for cargo, when applicable. Passenger carriers file Form BMC-91 with the relevant limits. At the Georgia level, the Department of Public Safety requires filing of evidence of insurance for carriers operating under state authority. Public databases such as the FMCSA’s SAFER system provide carrier and insurance information that anyone can search by USDOT number.
Why These Minimums Sometimes Are Not Enough
The federal $750,000 minimum for general property carriers was established decades ago, and there has been ongoing federal policy discussion about whether the figure remains adequate given inflation and modern medical costs. Catastrophic injury cases routinely involve damages that exceed minimum limits, which is one reason excess and umbrella coverage are common in the industry. From a public-safety standpoint, the minimums set a floor, not a goal, and many motor carriers carry substantially more.
Where the Current Figures Appear
The most current dollar figures appear in the Federal Motor Carrier Safety Administration’s published regulations at 49 CFR Part 387, the Georgia Department of Public Safety’s motor carrier regulations, and the relevant section of the Official Code of Georgia Annotated. The Georgia statutes set the framework; the Department’s regulations and federal rules supply the specific amounts.
Conclusion
Commercial trucks operating in Georgia must comply with a layered insurance framework that combines federal financial responsibility rules under 49 CFR Part 387 with state requirements under OCGA Sections 40-1-112 and 40-2-140, as implemented by Georgia Department of Public Safety regulations. The applicable minimums depend on whether the operation is interstate or intrastate, what cargo is carried, and whether passengers are involved. The figures and requirements in effect for any particular operation depend on these factors and on the regulations current at the relevant time.
Disclaimer
This article is provided strictly for general educational and informational purposes. It is intended to explain how Georgia law works as a matter of public legal education, and it does not constitute legal advice, a legal opinion, or a recommendation about any particular course of action. Reading this article, or contacting the website on which it appears, does not create an attorney-client relationship between the reader and any law firm, attorney, or author.
The law changes over time. Statutes, regulations, court rules, and judicial decisions discussed here may have been amended, repealed, superseded, or reinterpreted after the date of publication, and citations to specific code sections or cases reflect the law only as it was understood when this article was written. The application of any legal principle also depends heavily on the specific facts and circumstances of an individual matter, and outcomes vary from case to case.
For these reasons, no one should rely on this article as a substitute for advice from a licensed Georgia attorney who can review the particular facts involved. The author and publisher make no warranty, express or implied, regarding the accuracy, completeness, timeliness, or applicability of the information provided, and disclaim any liability for any action taken or not taken based on this content.