Workman Car Accident & Personal Injury Lawyers | September 12, 2025 | Truck Accidents
If you were injured in a truck accident and the trucking company’s insurer claims the policy does not apply, you may feel as though you have no recourse. However, a lesser-known provision—known as the MCS-90 endorsement—may provide a path to compensation.
Understanding this endorsement is critical for individuals pursuing recovery after a commercial trucking accident. The following article explains what MCS-90 is, what it covers, and how it may impact your claim.
MCS-90 Endorsement Defined
The MCS-90 endorsement is an amendment to a commercial motor vehicle insurance policy that ensures the motor carrier’s financial responsibility to the public. It is not a standalone policy but a federally mandated clause required by the Federal Motor Carrier Safety Administration (FMCSA) for motor carriers engaged in interstate commerce.
In practical terms, if a trucking company is involved in an accident and its standard insurance coverage would not apply, the MCS-90 endorsement may still obligate the insurer to pay damages to injured parties.
What Does MCS-90 Cover?
The MCS-90 endorsement is not a traditional insurance policy—it is a federal requirement intended to protect the public when a motor carrier’s liability insurance fails to do so.
It ensures compensation for:
- Bodily injury
- Property damage
- Environmental restoration (particularly in incidents involving hazardous materials)
Importantly, MCS-90 only applies when no other valid insurance coverage is available to the injured party. If the insurer denies coverage based on policy exclusions, MCS-90 may still provide financial protection.
Why Does MCS-90 Exist?
Prior to the implementation of MCS-90, some motor carriers operated under insurance policies with broad exclusions, which often left accident victims without a viable means of recovery.
The federal government introduced MCS-90 to address this gap. Its purpose is to ensure that members of the public are not left financially responsible for damages caused by inadequately insured motor carriers.
This endorsement plays a vital role in protecting individuals from the risks posed by underinsured or non-compliant transportation companies operating on public roadways.
When Does MCS-90 Apply?
The MCS-90 endorsement applies in specific, often high-stakes situations involving motor carriers engaged in interstate commerce.
You may see MCS-90 come into play under the following conditions:
- The motor carrier is engaged in interstate commerce
- The standard insurance policy does not provide coverage for the incident
- The injured party has no other means of recovering compensation
It is important to note that MCS-90 does not apply to intrastate motor carriers or private carriers that are not subject to FMCSA regulations. Determining whether the endorsement is in place and applicable often requires a careful review of the policy documents and accident circumstances.
Limitations of MCS-90
Although the MCS-90 endorsement can act as a powerful safety net for injured victims, it is not without significant limitations.
Some of the most important limitations include:
- It provides only minimum financial responsibility (typically $750,000 or more, depending on the cargo type)
- It is not intended to serve as primary insurance coverage
- Insurers that pay claims under MCS-90 may later seek reimbursement from the motor carrier
Therefore, while the endorsement may provide injured individuals with a path to compensation, it does not eliminate the liability of the trucking company. It is essentially a tool of last resort that applies when no other insurance protections exist.
How MCS-90 Affects Truck Accident Claims
In some truck accident cases, victims are informed that there is no insurance coverage due to exclusions in the policy. In such situations, the MCS-90 endorsement may offer a means of recovery.
An experienced attorney can investigate whether a policy includes an MCS-90 endorsement and determine whether it may provide compensation even when the underlying policy does not. In this way, MCS-90 may convert a denied claim into a viable path to recovery.
The endorsement ensures that financial responsibility remains in place, protecting the public and ensuring access to justice.
Do All Trucking Companies Need MCS-90?
Not every trucking company is required to carry an MCS-90 endorsement. Understanding whether MCS-90 is required depends on the carrier’s operational scope and the nature of its services.
It is generally mandated for carriers that:
- Operate across state lines
- Transport hazardous materials
- Are subject to FMCSA oversight
Smaller or intrastate carriers may not be obligated to carry MCS-90 coverage unless they fall into one of these categories.
How MCS-90 Interacts With Other Federal Requirements
MCS-90 works in conjunction with other FMCSA regulations, including the requirement for motor carriers to register for a USDOT number and maintain appropriate levels of liability insurance.
It is part of a broader regulatory framework intended to ensure that motor carriers operate responsibly and maintain the financial resources necessary to cover damages when accidents occur.
Additionally, MCS-90 must be filed with the FMCSA, providing a public record that the carrier is compliant with federal financial responsibility laws. Failure to maintain a valid MCS-90 can result in penalties, including loss of operating authority.
Why You Need a Lawyer Familiar With MCS-90
The legal and regulatory landscape surrounding MCS-90 is complex. Insurance companies may deny claims based on policy exclusions and may not readily disclose whether an MCS-90 endorsement exists.
A truck accident attorney with experience in MCS-90 cases can:
- Analyze the motor carrier’s insurance coverage
- Identify and interpret any MCS-90 endorsements
- Assess whether the endorsement applies to the case
- Negotiate with the insurer to pursue available compensation
Legal counsel familiar with trucking regulations and insurance endorsements can play a pivotal role in ensuring that all potential avenues for financial recovery are explored.
Contact a Florida Truck Accident Lawyer For Help
Individuals injured in commercial trucking accidents who are told that insurance coverage does not apply should not assume that they are without options. The MCS-90 endorsement may still offer a path to compensation, even when exclusions exist in the underlying policy.
Evaluating whether MCS-90 applies requires a careful review of federal regulations, the insurance contract, and the facts of the accident. Consulting an attorney experienced in motor carrier liability and insurance coverage may help clarify legal rights and potential options. To learn more, reach out to Workman Car Accident & Personal Injury Lawyers to schedule a free consultation with a Florida truck accident attorney.
For more information, please contact an experienced truck accident lawyer at Workman Car Accident & Personal Injury Lawyers for a free consultation.
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Workman Car Accident & Personal Injury Lawyers
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