What is MCS-90 endorsement?

The MCS-90 is an important part of almost any commercial trucking insurance policy. This endorsement guarantees compliance with the federal minimum public liability requirements for trucking companies. At The Barnes Firm, we also know how MCS-90 endorsement plays a critical role in truck accident cases and what it can mean to injured victims statewide in California.

Understanding the MCS-90 endorsement in California

MCS-90 is a United States government-mandated filing demonstrating that a motor carrier has accepted financial responsibility in the event of a vehicular accident caused by their commercial vehicle. It is especially important in California because the state experiences a high level of interstate trucking, thereby resulting in its exposure to a lot of federal trucking laws through the Federal Motor Carrier Safety Administration. This endorsement guarantees that victims of truck accidents have access to compensation, even if the trucking company’s primary insurance policy denies the claim.

California’s highways see countless commercial trucks every day. Whether it’s a collision on I-5 or a pileup near a busy port, having this additional insurance layer ensures that companies can’t dodge their financial responsibilities. According to the FMCSA, the MCS-90 ensures that motor carriers can cover liabilities related to bodily injury, property damage, and environmental restoration.

Who needs an MCS-90 endorsement?

Any motor carrier engaged in interstate or intrastate commerce requiring federal operating authority must have an MCS-90 endorsement. This includes trucking companies transporting goods or passengers for hire and private motor carriers hauling hazardous materials.

In California, a state known for its vast network of freeways and bustling ports, this endorsement is a must for most trucking businesses. The MCS-90 endorsement ensures that claims are covered even if a trucking company’s primary insurance policy tries to dodge liability. For example, private carriers handling hazardous materials face stricter requirements, which include the need to cover incidents involving spills or environmental damage, as highlighted by U.S. Compliance Services.

It’s not just the big carriers who need this endorsement. Independent truck drivers or small fleets operating across state lines are also required to maintain MCS-90 compliance. This federal requirement is non-negotiable and directly benefits anyone injured in a trucking accident.

How can MCS-90 help you?

If you are injured in a truck accident, the MCS-90 endorsement can provide a safety net for your claim. This endorsement requires the motor carrier’s insurer to pay damages even when a primary insurance policy excludes the specific incident. For instance, if a truck’s primary insurance denies coverage for some type of contractual loophole, MCS-90 makes sure that any victim who has been injured is compensated.

Just think about being struck by a commercial truck and then the company saying their insurance isn’t going to pay anything toward your medical bills or property damage. The MCS-90 ensures that you won’t be left out to dry. For victims in California, this protection is invaluable, especially given the state’s high cost of medical care and vehicle repairs. By holding trucking companies and their insurers accountable, MCS-90 helps victims recover damages for medical expenses, lost wages, and other accident-related losses.

MCS-90 Example

Suppose a truck driver causes a multi-vehicle collision on a California freeway. The claim against the truck’s primary insurance is denied because the use at the time of the accident was not approved. Here, the MCS-90 endorsement overrides the exclusion, and the motor carrier’s insurer pays the injured parties.

This is great, especially for cases involving complicated accidents where, often, insurance providers want to point fingers elsewhere or find exclusions. This is a case on the heavily congested freeways with heavy flow in California. If the insurance carrier attempts to back out, the MCS-90 catches it and ensures that victims are compensated-thus, the importance of understanding the provisions of MCS-90. Victims of truck accidents should seek the help of an attorney as soon as possible to sort through the complex claims to ensure they get fair compensation.

MCS Liability Coverage

MCS-90 liability applies only to claims for bodily injury, property damage, and environmental restoration caused by the operation of a motor carrier. In California, this represents the most important coverage to be applied in large-scale accidents involving hazardous materials and/or causing catastrophic damage. Minimum liability under MCS-90:

• $750,000 – general motor carrier
• $1,000,000 – carrier of hazardous materials
• $5,000,000 – high-risk hazardous materials, as prescribed by regulations issued by FMCSA

High recovery amounts will create a big difference for victims of severe trucking accidents. Whether it is through overwhelming medical bills, the loss of wages, or having to bear the emotional toll of a catastrophic injury, understanding this coverage may mean everything. California also differs from most states based on the unique challenges it faces with regard to trucking accidents, which include hazardous material spills on highways and freeway pileups involving multiple vehicles. Robust liability limits under MCS-90 provide huge financial resources to victims for recovery.

What to do if you were hurt in a truck accident

If you were injured in a truck accident, you need to take the immediate actions necessary to protect your legal rights. First, you need to get medical treatment for your injuries and get them documented. Then you need to gather evidence from the accident scene, such as photos, witness statements, and police reports.

You will also want to research how the MCS-90 endorsement may apply to your case. These endorsements often arise when a person is injured, and the damages exceed the standard insurance policy limits. That’s where you want an experienced attorney on your side.

Truck accident cases can be overwhelming. Between dealing with insurance adjusters and trying to recover from injuries, you shouldn’t have to worry about whether you’ll get fair compensation. By partnering with a law firm experienced in handling MCS-90 claims, you’re giving yourself the best chance at a favorable outcome.

Contact Us for Help Today

Truck accidents are some of the most devastating accidents, and MCS-90 endorsements are complicated. Call The Barnes Firm at (800) 800-0000 to discuss your case today. Let our knowledgeable attorneys fight for the compensation you require to heal. We are here for you. Contact us now for a free consultation.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes