Jill Kolodner | November 3, 2021 | Truck Accidents
If you work in the trucking industry, you likely know at least a little bit about MCS 90. The impact of MCS 90 is often far-reaching, though. In fact, MCS-90 is especially relevant for any member of the public who is injured in a trucking accident.
Below, we’ll provide a brief look at MCS-90, including its purpose, its impact on truck drivers, and how it might come into play after an accident.
A Brief Explanation of MCS 90
MCS 90 is an insurance endorsement for commercial trucking policies. An endorsement is an addition or modification to an existing policy.
When a trucking company has an MCS 90 endorsement, their provider must cover any and all damages to the public when a driver for that company causes an accident.
How It Affects Truckers
If you drive a truck and this is the first you’ve heard of MCS-90, you’ll need to become informed fast. MCS-90 is more than a safety net for commercial truck drivers and owners. It’s actually a federally mandated endorsement.
If your endorsement is incorrect, outdated, or nonexistent, you may be fined by the Department of Transportation.
The federal government requires MCS-90 for these groups:
- Interstate trucking companies
- Intrastate trucking companies
- Individual carriers of hazardous materials
The only time that a trucker does not need an MCS 90 endorsement is when they are self-insured and do not transport hazardous materials.
If you require an MCS 90 endorsement, you must have both coverage and documentation. This will prove to the government that your insurance provider is able to cover any public injuries or damages that you might cause.
How MCS 90 Affects Insurance Coverage
The MCS 90 endorsement overrides any policy language that exempts an insurance company from paying for damages that an insured commercial driver is liable for. In effect, MCS-90 is an agreement between an insurance company and the public.
Because large commercial vehicles have the potential to cause severe damage, MCS 90 was designed to ensure that trucking companies had adequate resources to draw from in the event of an accident.
However, when all is said and done, the insurer can seek repayment from the truck driver or company that held the policy. If the damages would not have been covered under the original policy terms, the insurance company will have legal recourse to seek reimbursement for the driver’s uncovered expenses.
How MCS 90 Affects Those Injured in a Truck Accident
Have you been injured or had property damaged in a trucking accident? Then it is time to get familiar with the MCS-90 endorsement.
You could be entitled to complete coverage for injuries and damages as long as these provisions are met:
- The trucking company is deemed to be at fault for the accident
- You do not work for the trucking company
- The trucking company’s original insurance policy would not cover the damages
Keep in mind that MCS-90 does have policy minimums. These minimums depend upon what the truck is carrying. Accidents that involve trucks that carry hazardous materials will often result in higher payouts.
Moving Forward with an Insurance Claim
Whether you are a truck driver or a member of the public, it’s important to seek out legal representation after an accident. That’s because insurance claims can get complicated—whether you are the one submitting, defending, or rejecting the claim.
In any case, a qualified lawyer can help you navigate the terrain and determine whether MCS-90 applies to your case.