November 12, 2024
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5 Sneaky Ways Truck Insurance Companies Are Taking Advantage of the Legal System – You Won’t Believe #3!

5 Sneaky Ways Truck Insurance Companies Are Taking Advantage of the Legal System – You Won’t Believe #3!

The American trucking industry is facing a seismic shift, as a multitude of external factors have led to the downfall of approximately 88,000 trucking companies in 2023, which accounts for 10% of the nation’s trucking firms. The primary perpetrator behind this upheaval has been the substantial increase in operational expenses, particularly in driver wages and legal costs, resulting in a significant surge in truck insurance premiums. These challenges have set off a domino effect of narrowed profit margins and inflation in the prices of goods transported by trucks. If these rising operational costs are not curbed, all Americans will eventually feel the repercussions through elevated prices of various goods transported by trucks.

The trucking industry stands as one of the country’s largest economic sectors, generating a whopping $941 billion in gross freight revenues and employing 8.4 million individuals. It handles a significant portion of all U.S. freight by weight, standing at 73%. With a plethora of players in the industry, ranging from independent owners to large public trucking corporations, competition is fierce. The sector’s ultra-competitive nature is reflected in its razor-thin profit margins, which are less than half of S&P 500 companies. A slight increase in expenses can easily push a trucking carrier into the red, as we have seen.

Challenges Facing Commercial Auto Insurance

  1. Truck Driver Wage Inflation: The shortage of drivers has led to an increase in truck driver salaries, surpassing the national average for all jobs. This inflationary trend in wages has put pressure on trucking companies.
  2. Legal System Abuse in Litigation: The trucking industry has witnessed an escalation in truck accident litigation abuse, resulting in exorbitant courtroom verdicts, subsequently driving up commercial auto liability insurance costs.

Is Social Inflation the Culprit?

Recent studies have surfaced delving into the influence of social inflation on liability insurance claim trends. Notably, research by Swiss Re and the RAND Corporation have probed into this phenomenon. Social inflation refers to civil litigation awards surpassing the rise in the consumer price index. RAND’s analysis of litigation trends and insurance claims provides compelling data that aligns with the effects of social inflation, spotlighting an alarming rise in tort case filings, plaintiff win rates, and inflation-adjusted awards.

The Path Forward for Commercial Auto Insurance

Given the overall unprofitability of the commercial auto insurance product, crucial steps must be taken, primarily at the state level, to restore stability to the marketplace. These actions may include:

  • Implementing caps on certain types of awards
  • Addressing issues like third-party litigation funding
  • Exploring the impact of various legal restrictions in different states

Encouragingly, there have been positive strides in the tort environment for truck accident litigation in some states, such as limitations on pain and suffering awards and reforms in negligence laws. These initiatives are vital for trucking firms, insurers, and consumers grappling with inflation. Failure to address the root issues of rising operational costs borne by trucking companies will undoubtedly have widespread consequences beyond the confines of the trucking industry.

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