ramgunner wrote:
However, in a civil case, exceeding the GVWR or any of the GAWR can be brought up. There is a case involving this.
Of course it can - anything can be brought up. My first job out of law school was working at an insurance defense firm where I defended bad drivers and doctors who got sued. So it was the typical dual representation deal where you're paid by the insurance company to defend the driver/doctor.
A solid 99% of the civil auto accident cases settle before trial. The likelihood that the singular fact that a defendant was overweight on GVWR but within GAWR would be the difference between that defendant being liable or not is incredibly small. In theory it could happen, but to say the odds of it occuring are low would be putting it really mildly. And if you are the unluckiest defendant ever and that scenario did happen to you, the result would be your insurance company writing a check on your behalf. For the most part if the GVWR/GAWR argument was ever brought up it would at most be a point of contention in the settlement negotiation.
Now here's the important part of my post: have adequate limits on your insurance.