Morgan Gaynor | December 11, 2021 | Truck Accidents
Unless you work in commercial trucking in some capacity, you’ve probably never heard of MCS-90. This is the case for most people – until they’re involved in a trucking accident.
Like any driver, commercial truck drivers are required to carry insurance. In addition to the regular insurance covering a truck, there’s usually an add-on endorsement to the insurance called MCS-90.
Requirements for this coverage are set forth by the Federal Motor Carrier Safety Administration, also known as the FMCSA.
MCS-90 is the most likely way that you will receive compensation in the event of a commercial trucking accident.
Why Do Trucking Companies Use MCS-90?
You may be wondering why MCS-90 matters at all. After all, any driver is required to carry insurance, right? While this is true, it’s not that simple for commercial truckers.
Commercial truckers are legally required to carry an insurance policy. However, that policy may not be enough to cover the damages that could result from an accident involving a commercial truck.
Last year, in Florida alone, there were well over 300,000 car crashes recorded. Many of these accidents resulted in death or serious injury. Many involved commercial truck drivers.
While there are many large trucking companies, there are also many small ones that don’t turn much of a profit. It might be financially prohibitive for such companies to operate with expensive insurance coverage.
The answer to this dilemma is MCS-90. This is an add-on to an existing insurance policy, also called an “endorsement.”
With the added endorsement, commercial trucks can operate safely, with adequate coverage to cover damages in the event of an accident.
What Situations Does MCS-90 Apply to?
MCS-90 does not automatically kick in for every accident with a semi truck. It only applies to specific situations in which all other insurance options have been exhausted.
The following circumstances must apply:
- The trucking company must operate across state lines
- The truck driver was at fault for the accident
- The trucker’s insurance doesn’t cover the value of the damages
- The victim has no other source of coverage
MCS-90 only covers interstate trucking. If a trucking company operates within a single state, it most likely won’t pay for the endorsement, as the company is not required to do so.
For the added endorsement to kick in, the value of the damages must exceed the trucking company’s primary insurance coverage.
Even if the accident meets all other criteria, the truck driver must be the party at fault. MCS-90 does not apply to situations in which the driver of another vehicle caused the accident, as it’s intended to protect the public from damages caused by commercial drivers.
Finally, you can only seek compensation via MCS-90 if you have no other options. For example, if you pay for a generous full-coverage policy for yourself and your insurance can cover the costs of the accident, you must seek compensation through all other avenues before you can make a claim against the MCS-90 endorsement.
Many drivers only pay for the bare minimum insurance, which may not adequately cover the damages, injuries, medical bills, and missed work that can accrue as the result of a dangerous commercial trucking accident. That is why MCS-90 exists.
How Can I Get Paid?
If you’ve been involved in a commercial trucking accident and you’re having trouble receiving compensation, the best option is to contact an experienced trucking accident attorney.
Gaining compensation through the MCS-90 endorsement can be difficult because adequate documentation must be provided to the insurance company to prove that the accident meets all of the relevant criteria.
Because there are many situations where the endorsement does not apply, a lawyer’s aid can help build a case for compensation.
MCS-90 exists to ensure that accident victims have recourse after a trucking accident. A legal professional can help you to navigate the coverage and file a claim.
If you need help with your personal injury case or you want to learn more information, call one of our convenient locations nearest you for assistance.
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