Did Georgia change the law that let you name the truck insurer as a defendant?

· 2 min read

Yes. Georgia revised its long-standing direct-action rule in 2024, replacing broad access with a narrow one. The practical result is that, for most newer crashes, an injured person can no longer routinely name a motor carrier’s insurer as a defendant in the lawsuit.

What changed and when

Georgia’s direct-action statutes had allowed an insurer for certain motor carriers to be joined as a defendant alongside the carrier and driver in suits arising from truck crashes. The 2024 legislation, Senate Bill 426, curtailed that. It took effect July 1, 2024 and applies to causes of action accruing on or after that date. Under the amended approach, the insurer may be named directly only in limited circumstances:

  • When the motor carrier is insolvent or has filed for bankruptcy.
  • When the driver or carrier cannot be served personally after reasonable diligence.

Outside those situations, post-change cases generally proceed against the driver and the motor carrier in the usual way, with the policy reached through any resulting judgment rather than by joining the insurer at the outset.

Why the timing of the crash controls

Because the new limits apply to claims accruing on or after the effective date, the date of the collision is decisive. A wreck that occurred before July 1, 2024 is generally governed by the prior, broader rule, while one occurring on or after that date falls under the narrowed version. Two cases with nearly identical facts can be treated differently solely because of when each claim arose, so establishing the accrual date is an early and important step.

The change is procedural in the sense that it addresses who can be a named party. It does not alter the substantive ways a trucking company can be held responsible, including a driver’s negligence and the company’s own direct negligence in areas like hiring, training, supervision, vehicle maintenance, and compliance with federal safety rules. Those theories survive regardless of whether the insurer appears on the caption.

The bottom line

Georgia did change the law: Senate Bill 426, effective July 1, 2024, limits naming a truck insurer as a defendant to cases of carrier insolvency or bankruptcy or where the driver or carrier cannot be served. Whether the old or new rule applies depends entirely on when the claim accrued, while the underlying liability theories against the carrier remain intact.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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