What Is the MCS-90 Endorsement?
The MCS-90 endorsement is required for an insurance policy for specific interstate motor carriers. It is required under Sections 29 and 30 of the Motor Carrier Act of 1980. The endorsement ensures that motor carriers meet minimum financial responsibility requirements when operating in interstate commerce, including in Texas.
Continue reading to learn more about the MCS-90 endorsement and how it could impact your recovery after a truck accident.
How Does the MCS-90 Endorsement Work?
An MCS-90 endorsement does not provide direct insurance coverage. Instead, it acts as a surety agreement. It requires the insurer to pay judgments against the motor carrier for public liability, even when the underlying policy might otherwise exclude coverage or deny the claim.
An MCS-90 endorsement may apply in a truck accident if all the following criteria are met:
- The truck operates across state lines (interstate commerce)
- The primary insurance policy excludes the cause of the truck accident
- The claimant is not an employee of the trucking company or working for the trucking company as an independent contractor
- The trucking company is responsible for the accident
- The truck crash caused the claimant’s injuries
- The claimant does not have another source of compensation for their losses and damages
It’s a surety-of-last-resort and does not act like normal liability coverage. It obligates the motor carrier’s insurer to pay final judgments for public liability (bodily injury, property damage, environmental restoration) when the required minimum financial responsibility would otherwise be unmet. It does not cover cargo.
The amount of an MCS-90 endorsement depends on the vehicle type and the type of cargo being transported. The policy limits for the endorsement may differ from those of the liability insurance policy.
Who Needs the MCS-90 Endorsement?
An MCS-90 endorsement is required for interstate motor carriers. These carriers transport property or passengers across state lines and operate under authority from the Federal Motor Carrier Safety Administration (FMCSA).
In Texas, interstate carriers must comply with FMCSA insurance regulations. That includes having proof of insurance with a valid MCS-90 endorsement on their liability policies before operating legally.
Texas intrastate motor carriers are subject to additional insurance requirements enforced by the Texas Department of Motor Vehicles (TxDMV). Intrastate trucks operate only within the state in which they are registered.
Why Is an MCS-90 Endorsement Important in a Truck Accident Case in Texas?
Liability insurance compensates accident victims when an insured is responsible for the cause of an accident. However, insurance policies often include exclusions. If the reason for the truck accident is excluded from the policy, the insurance company is not liable, even if the truck driver caused the accident.
An MCS-90 endorsement obligates the insurer to pay claims that would otherwise be denied under the policy’s terms. The endorsement ensures public protection by guaranteeing compensation availability for accidents caused by motor carriers engaged in interstate commerce, regardless of policy exclusions.
While insurers pay claims under the MCS-90, they typically retain the right to recover from the insured motor carrier the amounts paid under the endorsement.
Does an MCS-90 Endorsement Guarantee Payment for Injured Victims After a Truck Accident in Dallas, TX?
No, an MCS-90 endorsement does not guarantee payment of a personal injury claim. You must meet each of the above criteria for the MCS-90 endorsement to apply to your case. Furthermore, you have the burden of proving that the trucking company is responsible for the cause of the truck accident.
For example, suppose a truck driver fails to yield the right of way at a red light, and a collision occurs. The accident victim must provide evidence establishing that the truck driver’s conduct directly and proximately caused the crash.
If the primary insurance policy excludes the cause of the accident, you could then file a claim under the MCS-90 endorsement. The company could then pursue the trucking company for reimbursement.
Do I Need an Attorney to File an MCS-90 Endorsement Claim After a Truck Accident?
The above example is straightforward. Most truck accident claims are complicated personal injury cases. They involve massive insurance providers, multiple parties, and large trucking companies. Each party has a strong incentive to protect itself from liability for your claim.
An experienced Dallas truck accident lawyer understands the law. They understand the tactics insurers and trucking companies use to avoid liability for a victim’s injuries. Attorneys also have the resources to investigate truck accidents and preserve evidence to support claims.
Contact the Dallas Truck Accident Attorneys at Benton Accident & Injury Lawyers for Help Today
If you’ve been injured in a truck accident in Dallas, TX, Benton Accident & Injury Lawyers is here to help. Our Dallas truck accident lawyers can help you protect your right to fair compensation for a truck accident claim. Contact us today for a free consultation.
We proudly serve in Dallas County and its surrounding areas:
Benton Accident & Injury Lawyers
1825 Market Center Blvd # 350, Dallas, TX 75207
Phone: (214) 556-8321
Hours Open: 24/7
Our firm is located near you. We have an office in Dallas.
Find us with our GeoCoordinates: 32.7950252,-96.8241861