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Why do freight brokers require $1 million in auto liability?

Updated . Sources for every claim are listed at the end.

Short answer

Brokers ask for $1,000,000 because the federal $750,000 minimum is a floor, and the broker can be sued alongside the carrier after a serious crash. In May 2026 the U.S. Supreme Court held that negligent-selection claims against brokers are not preempted by federal law, so brokers have more reason to screen limits and safety records.

  • The requirement is contractual, not federal. It lives in the broker-carrier agreement and onboarding rules.
  • Some contracts ask for more than $1,000,000, which is usually met with an umbrella or excess policy over the primary.
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The gap between the law and the contract

49 CFR 387.9 requires $750,000 of public liability for for-hire carriers of general freight in trucks of 10,001 pounds or more. That is the number FMCSA needs before it grants authority. It is not the number a broker needs before it tenders a load.

Many broker-carrier agreements set the auto liability requirement at $1,000,000, and onboarding platforms check the certificate against that number. If your certificate shows $750,000, the packet gets flagged no matter what FMCSA shows. Our carrier packet rejected page covers the other common flags.

How a trucking liability tower stacks

Trucking liability tower with federal minimum limitsA stack of liability layers. At the bottom, primary auto liability, with marks at 750 thousand dollars (the federal minimum for for-hire interstate general freight) and 1 million dollars (commonly required by brokers and shippers, and the federal minimum for oil and many hazardous materials). Above it, umbrella or excess liability up to 5 million dollars, the federal minimum for certain bulk hazardous materials, and additional excess above that. An MCS-90 endorsement is attached to the primary policy as a guarantee to the public, not extra coverage.Liability layersCommon limits and minimumsAdditional excessfor contracts that ask for moreUmbrella or excess liabilitypays only after the primarylimit is used upPrimary auto liabilitythe first policy to pay a crash claim$0$750,000Federal minimum for for-hireinterstate general freight,vehicles 10,001 lbs and up$1,000,000Commonly required by brokers andshippers; federal minimum for oiland many hazmat loads$5,000,000Federal minimum for certain bulkhazmat; often built as primaryplus excessMCS-90Guarantee to the public,not extra coverage.Carrier repays insurer.attached to the primary
Not to scale. Federal minimums are from 49 CFR 387.9: $750,000 for for-hire interstate carriers hauling nonhazardous property in vehicles rated 10,001 lbs or more, $1,000,000 for oil and many hazardous materials, and $5,000,000 for certain bulk hazardous materials. Texas intrastate carriers meet TxDMV's minimums instead. The MCS-90 makes the insurer pay a judgment owed to the public, up to the required minimum, even where the policy itself would not respond, and the carrier then owes the insurer that money back.

Why brokers care: they can be sued too

When a truck causes a serious crash, plaintiffs often name everyone connected to the load, including the broker that picked the carrier. For years brokers argued that federal law (the FAAAA, 49 U.S.C. 14501) preempted state negligent-selection claims. On May 14, 2026, in Montgomery v. Caribe Transport II, No. 24-1238, the U.S. Supreme Court held that a claim that one company negligently hired another to transport goods is not preempted, because states keep their safety authority "with respect to motor vehicles."

The practical effect for carriers: brokers have more reason to look hard at your limits, your safety record, and your CSA data before giving you freight. A higher liability limit on the carrier's policy is one of the few things a broker can check quickly. The ruling's details are legal questions, so have an attorney review any contract language that shifts liability to you.

How $1,000,000 usually gets built

  • $1,000,000 primary auto liability. The most common setup. One policy, one limit, shown as a combined single limit on the certificate.
  • Primary plus umbrella or excess. For contracts asking for $2,000,000 or more, a trucking umbrella sits over the primary. Check that the certificate shows both and that the umbrella follows the primary's insureds.
  • Endorsements. Brokers may also ask to be listed as certificate holder or additional insured. See certificate holder vs additional insured.

The FMCSA filing still shows the federal minimum certified by your insurer, even when your policy limit is higher. Brokers read the certificate for the actual limit.

Federal floor vs common contract requirement
Federal minimumTypical broker contract
Where it comes from49 CFR 387.9Broker-carrier agreement and onboarding rules
General freight, truck 10,001 lb or more$750,000Often $1,000,000
How it is checkedBMC-91X filing with FMCSACertificate of insurance, sometimes the policy
Higher limitsNot requiredSometimes required, usually met with umbrella or excess

What to do if your limit is short

Raising a limit mid-term is usually an endorsement, not a new policy, but underwriters will re-rate. If a broker wants $1,000,000 and you have $750,000, ask for a quote on both the higher primary limit and a primary-plus-excess structure. Then confirm the new limit shows on a fresh certificate before you re-submit the packet. Read the full insurance section of the agreement first: see broker-carrier agreement insurance requirements and what is a broker-carrier agreement.

Common questions

Is $1 million required by law?

Not for general freight. The federal minimum is $750,000 for for-hire trucks of 10,001 lb or more. The $1,000,000 figure comes from contracts.

Will an umbrella satisfy a $1 million broker requirement if my primary is $750,000?

Some brokers accept a combined primary and excess total, others require the primary itself to be $1,000,000. The agreement controls, so read it or ask before you buy.

Does the Supreme Court ruling make brokers automatically liable?

No. The Court addressed preemption, meaning whether the claim can proceed. Whether a broker is liable in a given case depends on the facts and state law. Ask an attorney about specific contracts.

Sources

  1. 49 CFR 387.9, Financial responsibility, minimum levels (eCFR). $750,000 federal minimum for non-hazardous for-hire carriage.
  2. Montgomery v. Caribe Transport II, LLC, No. 24-1238 (U.S. May 14, 2026), slip opinion. Holding that negligent-hiring claims against brokers are not preempted by the FAAAA.
  3. FMCSA, Insurance Filing Requirements. What FMCSA requires on file versus contract requirements.

This page explains insurance, not law. Have your attorney review indemnity and contract language; our job is making the insurance match it.

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