Greg Prosmushkin
Sep 28, 2022

An MCS-90 insurance endorsement requires a policyholder to pay any decision that results from negligence in operating or maintaining a truck. This applies even if the truck is not covered in the policy.

Is MCS-90 Additional Insurance?

The short answer is no. MCS-90 is not insurance. However, all motor carriers must have the MCS-90 document attached to their liability policy.
MCS-90 assists in providing additional compensation for bodily injury in the event that the trucking company fails to follow its own rules.

Which carriers are required in MCS-90 endorsement insurance?

All commercial trucks, including semi-trucks, 18-wheelers, and tractor-trailers, must have liability insurance. It is the responsibility of the truck owner to register the insurance for public liability with the Federal Motor Carrier Safety Administration (FMCSA). 

It is federally mandated that insurance policies have MCS-90 endorsement when trucks move across state borders. This relates to public liability as it is mentioned under sections 29 and 30 of the Motor Carrier Act of 1980.

In liability insurance policies, victims are reimbursed for damages incurred in a collision. However, it’s important to note that insurance policies may have some exceptions. Each policy is different, and one may not cover the specific circumstances or actions that caused a particular accident. 

If the insurance doesn’t cover what an injured victim needs after an accident, then the victim will not receive the compensation they need from the insurance carrier. Therefore, completing an MCS-90 endorsement form gives peace of mind to many. With the form, it’s known that an injured victim can obtain reimbursement if another’s negligence leads to them getting hurt. 

According to the MCS-90 endorsement, the insurance carrier will obtain compensation from the trucking industry in whichever amount needs to be paid to the injured victim.

How much coverage does MCS-90 endorsement coverage require?

To get compensation with MCS-90, the following points must be proven:

  • The truck is operational in more than one state.
  • A primary insurance policy does not include the reason for the accident.
  • You are not working in the trucking company as either an independent contractor or an employee.
  • The fundamental cause of the collision was the trucking company.
  • The truck collision caused the injury.
  • The injured victim does not have any other source of compensation for the damages.

There are also policy limits with MCS-90 filing. Each scenario has a different minimum coverage requirement. These amount to: 

  • $1 million when the truck is carrying hazardous substances
  • $750,000 when there are non-hazardous transfers
  • $5 million when the truck is transporting certain hazardous substances like radioactive compounds, explosives, or materials toxic by inhalation
  • $5 million when small trucks are carrying hazardous substances

The insurance coverage needs to be evaluated very carefully with a proper investigation. Evidence must be gathered, preferably from an experienced attorney, that suggests the liability of the trucking company. This way the trucking company is held responsible for the havoc caused by the accident.

What are the specifications of the Federal Motor Carrier Act of 1980?

According to this act, every motor carrier is required to show proof of their financial responsibility, equal to or more than the minimum value set by the state. They can show evidence in any of the following ways:

  • Every motor carrier may elect to self-insure their organization. With self-insuring, each motor carrier specifies their financial responsibility to cover all claims due to negligence.
  • They can provide a surety bond, which is a promise that one party will pay another party.
  • Motor carriers can select to acquire insurance through the market. With this selection, the option of MCS-90 endorsement will be attached.

It is important to hire a Philadelphia truck accident lawyer with experience in handling commercial truck accidents. These professionals possess the expertise and resources required to investigate a truck accident case. Furthermore, collecting evidence and proving fault is extremely challenging. With a great attorney on the victim’s side, they can fully focus on their recovery.