If you were injured in a truck accident involving a commercial truck, something known as an MCS 90 endorsement can have an impact on your financial recovery from the accident. Most drivers aren’t familiar with MCS-90s because it is specific to the commercial trucking industry. The MCS-90 is an important type of insurance coverage commercial truck operations must carry in the event of accidents.
After an accident involving a semi-truck, big rig, or other commercial truck, the MCS 90 can come into play during a personal injury claim. An experienced Jacksonville truck accident lawyer can help you understand how this works and what your next steps are in a truck accident claim. The Truck Accident Law Firm is available to answer your questions through a free consultation. Call our law office today to learn more at (888) 511-8782.
Understanding the MCS 90 Endorsement
MCS 90 is an endorsement for motor carrier insurance policies that nearly all United States trucking companies must carry. An “endorsement” is insurance terminology for add-ons to standard insurance policies. When we talk about “motor carriers”, that refers to companies that transport cargo or passengers as a source of revenue.
Any motor carrier dealing in interstate commerce (transporting across state lines), is required to carry the MCS 90 endorsement. Failing to carry an MCS-90 endorsement when required, or allowing the endorsement to lapse, can lead to fines from the U.S. Department of Transportation. In other words, carrying the MCS-90 is a must for any company involved in the commercial truck industry. If you were injured in an accident with a commercial truck, MCS 90 coverage would then kick in as part of the insurance claim process.
The MCS 90 endorsement relates to public liability in the event of a crash. While the MCS 90 doesn’t add coverage to an existing policy, it does amend standard commercial auto insurance policies. The MCS 90 guarantees that if you are injured in a crash involving a commercial truck, you can be entitled to financial coverage for your injuries. This is true even if the standard policy doesn’t cover the commercial truck that was involved.
How Does the MCS-90 Affect Me?
As an example, say that you were driving on I-95 near Jacksonville when a semi-truck jackknifed and sent your car spinning into the ditch. You were left with serious injuries requiring weeks of hospital care as a result. Let’s say, on top of that, the truck driver was acting in a way that created an “exclusion” to the truck company’s standard commercial truck insurance policy.
In that situation, the truck’s standard insurance policy won’t help you, and suing the truck driver or the company itself might also be a financial dead end. This is where the MCS 90 comes in. Through an MCS 90 endorsement, the insurance company agrees to take financial responsibility for almost any claim filed by a driver injured by the trucking company’s vehicle–even if the company’s insurance policy would not normally pay out.
The MCS 90 guarantee usually applies in the following situations:
- When the motor carrier is to blame for the crash
- When the motor carrier’s standard policy will not cover the accident
- When you, the truck accident victim, have no place else to turn for financial help
- When you are not an employee or contractor for the motor carrier.
The liability minimums for MCS 90 guarantees are generally:
- $750,000 for trucks hauling non-hazardous property
- $5,000,000 for trucks hauling certain hazardous materials
- $1,000,000 for trucks carrying oil, hazardous waste, or other types of hazardous materials
- $5,000,000 for small trucks hauling specific hazardous matters.
In short, the MCS-90 endorsement acts as a safety net, ensuring that if you’re injured in a truck accident, there is financial coverage available—even if the truck company’s standard insurance policy doesn’t apply.
How Can a Truck Accident Lawyer Help in MCS 90 Cases?
MCS 90 coverage is unique because it only applies in certain situations. However, it is a critical tool for getting the financial compensation you need after a serious truck accident in Florida. If the accident was not covered by the truck company’s standard insurance policy, you need to see if MCS 90 endorsement coverage will be available. Most people don’t know this, but experienced truck accident lawyers do. If you or a loved one has been hurt in a commercial truck accident, contact The Truck Accident Law Firm to schedule a free consultation with a Jacksonville truck accident lawyer.
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