[NJ] As a truck driver, can I be held personally liable if my employer’s insurance denies a claim and it is sent to collections?

Lexi, Chatbot

I'm sorry to hear about the stress you're facing with this situation. Have you already discussed this issue with your employer or the trucking company regarding their refusal to take responsibility?

Lexi, Chatbot

Have you received any legal documents or notices related to the collections process?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your collections notice.

Richard

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. Please be advised that this website is for information purposes only and I cannot formally represent customers of this website or perform actual legal services on your behalf.

What state are you in?

Richard

Under New Jersey law, when you are driving a commercial vehicle for your employer and you are on the job, the employer’s insurance—not you personally—is responsible for the accident, unless you were doing something far outside your job duties (such as unauthorized use of the vehicle). (NJ Rev Stat § 59:2-2)

What you’re describing—an employer telling its insurer “we don't want to be responsible” and the insurer pushing a $9,000 bill onto the driver personally—is not how liability normally works in commercial trucking.

Here’s how this generally breaks down in New Jersey:

1. As an employee, you are not personally liable for the employer’s insured losses. New Jersey follows the rule that employees acting within the scope of their employment are covered by the employer’s liability and motor carrier insurance. Even if you were at fault, the company’s policy is the one that responds to the claim. A trucking company cannot simply “opt out” of responsibility. (NJ Rev Stat § 39:6B-1)
2. The insurer cannot treat you as the responsible party. You gave the correct insurance information at the time of the accident. The claim should have been processed through the company’s commercial liability policy. If the employer refuses to participate, that is a dispute between the employer and the insurer—not something they can transfer onto you.
3. Collection agencies cannot suspend your CDL. Only the New Jersey MVC, FMCSA, or a court judgment can do that. Non-payment of a private debt does not lead to license suspension in New Jersey.
4. CDL risk only comes from an unpaid court judgment. You are not at that stage. A collection letter is not a lawsuit. (NJ Rev Stat § 39:6-35)
5. You have strong defenses. You were:
   • Driving a commercial vehicle
   • On the job
   • Covered by valid insurance
6. What to do next:
   • Write a formal dispute to the collection company
   • Contact your employer
   • Contact the insurance carrier’s claims department directly

Richard

No, it does not.

Richard

No problem.