40-1-112. Insurance requirements; joinder.

No motor carrier of household goods or property or passengers shall be issued a motor carrier certificate unless there is filed with the department a certificate of insurance for such applicant or holder on forms prescribed by the commissioner evidencing a policy of indemnity insurance by an insurance company licensed to do business in this state that provides for the protection, in case of passenger vehicles, of passengers and the public against injury proximately caused by the negligence of such motor carrier, its servants, or its agents; and, in the case of vehicles transporting household goods, to secure the owner or person entitled to recover against loss or damage to such household goods for which the motor common carrier may be legally liable. The department shall determine and fix the amounts of such indemnity insurance and shall prescribe the provisions and limitations thereof. The insurer shall file such certificate. The failure to file any form required by the department shall not diminish the rights of any person to pursue an action directly against a motor carrier’s insurer.#

The department shall have power to permit self-insurance, in lieu of a policy of indemnity insurance, whenever in its opinion the financial ability of the motor carrier so warrants.#

1. (1)

   It shall be permissible under this part for any person having a cause of action arising under this part to join in the same action the motor carrier and the insurance carrier, whether arising in tort or contract, only when:#

   1. (A)

      One or more motor carriers related to the cause of action are insolvent or bankrupt; or#

   2. (B)

      Personal service, as provided in subsection (e) of Code Section 9-11-4, cannot after reasonable diligence be effected:#

      1. (i)

         Against the driver of the vehicle of the motor carrier giving rise to the cause of action; or#

      2. (ii)

         Against the motor carrier.#

2. (2)

   Pursuant to paragraph (1) of this subsection, when one or more motor carriers related to the cause of action are insolvent or bankrupt, or personal service cannot after reasonable diligence be effected against the driver or motor carrier, then the insurance carrier may be joined in the action as a matter of right, without motion or order of the court, by filing an amended complaint joining the insurance carrier. The amended complaint shall be served on the insurance carrier pursuant to Code Section 9-11-4 and such insurance carrier shall file an answer with the court within 30 days of service.#

3. (3)

   For purposes of paragraph (2) of this subsection, the amended complaint shall relate back to the date of filing of the original pleading.#