What is MCS 90?

The MCS 90 is a special endorsement attached to a trucking company’s traditional liability insurance policy. This endorsement essentially guarantees coverage, even when the claim might otherwise be denied under the traditional policy. Most trucking companies are required to have the MCS 90 endorsement, and insurance companies might be able to seek reimbursement of any money paid out under this endorsement. 

Keep reading below to learn everything you need to know about the MCS 90.

The Basics of MCS 90

It is no secret that the Federal Motor Carrier Safety Administration (FMCSA) requires trucking companies to carry minimum amounts of liability insurance. This amount can range from hundreds of thousands to several million dollars, depending on the type of cargo and operation. In addition to liability insurance, the rules require most trucking companies to have the MCS-90 endorsement.

The MCS 90 endorsement is not a traditional insurance policy. It is not required for each individual truck. Instead, the endorsement is attached to the carrier’s overall liability policy. This endorsement applies to all vehicles operated under the policy.

What Does the MCS 90 Endorsement Cover?

The MCS 90 endorsement requirements are in place to help protect the public from damages suffered after a truck accident. This serves as a safety net for anything not covered by the standard liability policy. 

It can cover items such as:

For example, imagine that a trucking company is responsible for an accident. The accident results in catastrophic injuries to another driver. Suppose the insurance company refuses to cover the claim because they were operating an unlisted truck at the time of the accident. The MCS 90 would require the insurance company to cover the damages, although they could then seek reimbursement from the trucking company.

Who Is Required to Have an MCS 90?

Typically, carriers are only required to have an MCS 90 if they are involved in interstate commerce. 

If you meet these criteria, you likely need the MCS 90 endorsement if you:

  • Operate a vehicle with a gross vehicle weight rating of 10,001 pounds or more
  • Haul cargo or passengers “for-hire”
  • Are involved in interstate commerce

Determining whether your carrier is involved in interstate commerce can be tricky. If you transport goods from one state to another, the answer is usually an easy yes. However, the origin and destination of the goods can also affect this answer.

Benefits of the MCS 90 Endorsement

The main purpose of the MCS 90 is to ensure that accident victims can get compensation for their damages. If a trucking company’s insurance denies a claim, the company might not have enough money to pay the accident victim. 

The MCS-90 endorsement may require an insurer to compensate an injured member of the public even when the claim would not otherwise be covered under the trucking company’s liability policy.

What to Do After a Truck Accident

If you are hurt in a truck accident, you may be entitled to recover both economic and non-economic damages. You will first need to prove that the trucking company is legally responsible for the accident. 

To help protect your rights and preserve your claim, you should:

  • Seek immediate medical treatment for any injuries
  • Call the police so that they can create an accident report
  • Get names and phone numbers from any witnesses
  • Take photos of the truck, your vehicle, and any other vehicles involved
  • Save all medical records, bills, receipts, and other documentation
  • Avoid talking to the insurance company before getting help from a lawyer
  • Talk to an experienced lawyer who can help with your claim

Truck accident cases can involve complicated insurance issues, including questions about whether the MCS-90 endorsement applies. Speaking with an attorney can help you understand your rights, identify available sources of compensation, and protect your claim.

Contact the Charleston Truck Accident Attorneys at Mani Ellis & Layne Accident & Injury Lawyers for Help Today

Truck accident claims are often more complex than standard car accident cases because they may involve federal regulations, commercial insurance policies, and multiple potentially liable parties. Determining whether the MCS-90 endorsement applies can be an important part of identifying available compensation after a serious crash.

At Mani Ellis & Layne Accident & Injury Lawyers, our Charleston truck accident lawyers can investigate your accident, explain your legal options, and pursue the compensation you deserve. Contact us today to schedule a free consultation.

We proudly serve clients throughout Franklin County from our Columbus, OH, office and throughout Kanawha County from our Charleston, WV, office.

Mani Ellis & Layne Accident & Injury Lawyers – Columbus, OH Office
20 E Broad St Suite 1000, Columbus, OH 43215
(614) 587-8423
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Mani Ellis & Layne Accident & Injury Lawyers – Charleston, WV Office
10 Hale St Suite 501, Charleston, WV 25301
(304) 720-1000
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About the Author Jon Mani

About the Author

Jon Mani is a founding partner and personal injury attorney at Mani Ellis & Layne Accident & Injury Lawyers. With over 20 years of experience representing injured individuals in West Virginia and Ohio, Jon focuses on complex cases involving car accidents, truck accidents, nursing home abuse, catastrophic injuries, medical malpractice, and wrongful death. He is known for his strategic, hands-on approach to litigation and has held leadership roles within the legal community, including serving as President of the West Virginia Association for Justice. Click here to see some of the firm’s most notable case results.

Locations: Charleston, WV, and Columbus, OH
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