Originally Posted by newbolddm
I've wondered what happens if someone gets into a big wreck and they were over legal weight when it happens. Might insurance not cover the incident? What if it is so bad that someone dies as a result of the accident? Could the driver be guilty of criminal negligence or something of that nature? Seems a bit scary to me to think what the consequences could be in a completely accidental situation but where the yellow tag on the trailer clearly exceeds the legal limits on the tow vehicle.
I expect it is a thing that would probably never occur for most people and is a moot point. But... If it did happen... What then?
Generally speaking (I'm not a lawyer, although my sister is a claims adjuster), for your insurance to be denied or to be charged with something beyond whatever caused the accident, they would have to prove gross negligence.
May depend on local laws, too. In Florida, for instance, I couldn't find any statutes making it explicitly illegal to exceed your weight ratings unless you are driving commercially.