After a serious truck accident in New York, injured victims often assume the trucking company’s insurance policy will automatically cover their losses. Unfortunately, that is not always how trucking claims work. 

In some situations, a trucking company’s insurer may try to deny coverage because of exclusions, technical policy issues, or disputes about which vehicles or drivers were covered at the time of the crash. That’s where something called an MCS-90 endorsement may become extremely important. 

Truck accidents often involve complicated issues of insurance and liability. One important piece of that puzzle is understanding how the MCS-90 endorsement works and why it exists. 

What Is an MCS-90 Endorsement? 

An MCS-90 endorsement is a special federal endorsement attached to certain commercial trucking insurance policies. It was created under the Federal Motor Carrier Act of 1980. It is required for many interstate motor carriers operating under federal regulations. 

In simple terms, the MCS-90 endorsement acts as a financial safety net for the public. It helps ensure that people injured in trucking accidents can still recover compensation even if the trucking company’s insurance policy would not normally cover the claim. 

The endorsement is not a separate insurance policy. Instead, it modifies the trucking company’s existing liability policy. 

Why Was MCS-90 Created? 

Before the federal government introduced the MCS-90 requirement, some trucking companies operated with insurance policies that contained loopholes or exclusions that left victims without compensation. 

Congress and federal regulators wanted to prevent situations where: 

  • A truck caused a catastrophic accident 
  • The insurer denied coverage 
  • Injured victims were left without a meaningful source of recovery 

The MCS-90 was designed to protect the public by ensuring that federally regulated motor carriers maintain financial responsibility for accidents they cause. 

How Does an MCS-90 Endorsement Work? 

The MCS-90 endorsement essentially creates a guarantee that the insurer will pay certain judgments involving the trucking company. The insurer agrees to pay even when the policy itself might otherwise deny coverage. 

For example, the endorsement may become important if: 

  • The truck involved was not specifically listed on the policy 
  • The driver was not authorized under the policy 
  • The trucking company violated policy terms 
  • A technical coverage dispute exists 

In these situations, the insurer may still be required to compensate injured victims because of the MCS-90 endorsement. 

Does MCS-90 Apply to Every Truck Accident? 

No. The MCS-90 does not automatically apply in every trucking accident. Generally, it applies to: 

  • Certain interstate motor carriers 
  • Commercial carriers operating under federal authority 
  • Trucking companies subject to FMCSA financial responsibility requirements 

It is most commonly relevant when the underlying insurance policy would otherwise deny coverage. If the trucking company’s insurance policy already clearly covers the accident, the MCS-90 may not significantly affect the claim. 

What Types of Accidents Might Involve MCS-90 Issues? 

MCS-90 disputes often arise in serious commercial truck accident cases involving: 

  • Tractor-trailers 
  • Freight carriers 
  • Interstate shipping companies 
  • Commercial delivery operations 

These accidents may involve: 

Because trucking companies often operate across state lines, federal regulations frequently play a role. 

What Does MCS-90 Cover? 

The endorsement is intended to provide compensation for: 

  • Bodily injuries 
  • Death claims 
  • Property damage 

These damages are covered if they are caused by the negligent operation of commercial motor vehicles. The federal minimum coverage amounts vary depending on the type of cargo being transported. 

For instance: 

  • Many non-hazardous freight carriers must carry at least $750,000 in financial responsibility. 
  • Hazardous material carriers may require higher limits, sometimes up to $5 million. 

These federal minimum requirements help ensure that trucking companies have sufficient financial responsibility to cover serious injuries, fatalities, and property damage caused by commercial vehicle accidents.

Does the Insurance Company Have To Pay Even if Coverage Is Denied?

In some situations, yes. An MCS-90 endorsement can require the insurer to pay a judgment to injured victims even when the policy would exclude coverage. However, the insurer may later seek reimbursement from the trucking company if the claim was not actually covered under the policy terms. 

This arrangement helps ensure that injured members of the public are not left uncompensated because of technical insurance disputes. 

Contact Rosenbaum Personal Injury Lawyers To Schedule a Free Consultation With a Brooklyn Personal Injury Attorney

The MCS-90 endorsement is one of the least-known, but important, parts of federal trucking insurance law. Many people have never heard about it. However, it can play a critical role in ensuring injured victims are not left without compensation because of insurance loopholes or coverage disputes. 

For more information, please contact Rosenbaum Personal Injury Lawyers to schedule a free consultation. We have three convenient locations around Manhattan, NY, near you in New York City, The Bronx, and Brooklyn.

Rosenbaum Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor, New York, NY 10005
(212) 514-5007

Rosenbaum Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b, Bronx, NY 10461
(212) 514-5007
(917) 905-2339

Rosenbaum Personal Injury Lawyers – Brooklyn Office
32 Court St #704, Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332


About the Author

Craig D. Rosenbaum is licensed to practice in New York. He is part of the New York State Trial Lawyers Association and the American Association of Justice. Click here to view some of the amazing case results that Craig has successfully handled.

Location: Manhattan, Brooklyn & Bronx.

Justia / Avvo / LinkedIn / BBBYelp / Facebook