If you’ve been injured in a crash involving a commercial truck, an MCS-90 may play a role in your case.
An MCS-90 is a federally mandated insurance endorsement required for many interstate motor carriers, particularly those transporting certain types of freight regulated by the Federal Motor Carrier Safety Administration. These endorsements ensure that injured accident victims aren’t left without recourse due to gaps or exclusions buried in a carrier’s insurance policy.
How Do Commercial Auto Policies Play a Role in Truck Accident Cases?
Commercial auto insurance policies often contain exclusions that limit coverage in specific circumstances, such as when a driver was operating outside the scope of their employment or using an unauthorized vehicle.
Without MCS-90, an injured accident victim could face more obstacles in collecting compensation if a policy exclusion applies.
This coverage may apply after truck accidents, such as:
- Jackknife accidents
- Rollover accidents
- Underride accidents
- Rear-end collisions
- Head-on collisions
- Multi-vehicle pileups
- Lost load or spilled cargo accidents
- Runaway truck accidents
- Wide turn accidents
- T-bone or intersection collisions
MCS-90 requires the insurer to pay a judgment up to the applicable federally required limit or the amount shown in the endorsement, depending on the facts and policy involved.
MCS-90 Is Not Additional Insurance
Federal law sets minimum liability limits that motor carriers must maintain; these limits vary based on the type of cargo and vehicle involved.
For most general freight carriers operating vehicles over 10,000 pounds, the Federal Motor Carrier Safety Administration requires a minimum of $750,000 in liability coverage. Some carriers transporting certain hazardous materials must meet a much higher minimum requirement.
Many shippers and brokers contractually require carriers to maintain coverage exceeding federal minimums for their specific operations.
An MCS-90 doesn’t create new insurance coverage or increase the total amount of coverage available. Instead, it acts as a guarantee that the insurer will pay a judgment on the trucking company’s behalf.
After paying under MCS-90, the insurer generally has the right to seek reimbursement from the trucking company for any amount that falls outside the policy’s actual coverage. In other words, MCS-90 protects the injured victim’s ability to collect compensation.
MCS-90 and Your Truck Accident Case
MCS-90 becomes important when a trucking company’s insurer tries to deny coverage based on a policy exclusion.
Common scenarios where this endorsement comes into play include:
- Crashes involving an owner-operator whose relationship with the carrier is disputed
- Accidents where the driver was allegedly operating outside the scope of authorized company business
- Crashes involving a leased or borrowed truck not specifically listed on the carrier’s policy
- Accidents where the carrier claims the driver violated its operating agreement at the time of the crash
- Cases where the insurer argues the driver was an independent contractor rather than an employee
- Crashes involving unauthorized subhaulers or unlisted drivers operating under the carrier’s authority
If you were injured in a commercial truck accident, identifying whether MCS-90 applies to the trucking company’s policy is an important step in your case.
How an Attorney Can Help with MCS-90 Issues
An experienced attorney can help determine whether your truck accident injuries are covered by an MCS-90.
They can also support your case by:
- Reviewing the trucking company’s insurance policy for exclusions the insurer may try to rely on
- Determining whether the carrier and truck are subject to MCS-90 requirements
- Gathering evidence about the driver’s employment status and the scope of their work at the time of the crash
- Pushing back against insurers that attempt to deny coverage based on a technical policy exclusion
- Pursuing every available source of compensation, rather than accepting an insurer’s initial position on coverage
Insurance issues are only one reason why truck accident cases can be more complex than other types of accident cases. Consulting with an attorney soon after a truck accident can ensure you have the support you need and that you don’t miss any important deadlines.
Contact the Atlanta Truck Accident Lawyers at Rafi Law Firm for a Free Consultation
Coverage disputes after a truck crash can add another layer of stress to an already difficult situation. When MCS-90 is part of the discussion, the details of the carrier’s policy, the truck’s use, and the federal rules may all matter.
For more information, contact an Atlanta truck accident lawyer at Rafi Law Firm today for a free consultation to discuss your case and what compensation you can recover.
We proudly serve clients throughout Fulton County and the greater Atlanta metro area in Georgia.
Rafi Law Firm – Atlanta
1776 Peachtree St NW UNIT 423, Atlanta, GA 30309
(404) 800-9933
