What is MCS 90?
David Muñoz | May 7, 2022 | Truck Accidents
Unless you work in the commercial trucking industry, you may not be familiar with MCS 90. However, MCS 90 can significantly impact the outcome of a truck accident claim. It could mean the difference between receiving a fair settlement for your damages and receiving nothing for your injury claim.
MCS 90 – What Does It Mean?
Commercial trucking companies must have liability insurance policies registered with the Federal Motor Carrier Safety Administration (FMCSA). If the truck operates across state lines, the company must purchase an MCS 90 endorsement to add to its liability insurance policy.
The endorsement compensates accident victims, even though the primary insurance policy excludes coverage. In other words, you can receive compensation for damages for a truck accident claim that would usually be denied if not for the MCS 90 endorsement.
Why would an insurance company agree to be liable for damages excluded from a liability insurance policy?
Insurance companies make money from the premiums paid for MCS 90 endorsements. Second, the insurance company can seek reimbursement for amounts paid under an MCS 90 endorsement if the trucking company is responsible for the cause of the truck accident.
What Are the Requirements for Payment Under an MCS 90 Endorsement?
You must meet several requirements before you can recover money under an MCS 90 endorsement. The requirements for an MCS 90 claim are:
- The truck operates across state lines
- You are not an employee or independent contractor of the trucking company
- The primary truck insurance policy excludes the accident
- The trucking company is responsible for the cause of the truck accident
- The truck accident caused your injuries
- You do not have another source to compensate you for your damages
The insurance company is only liable up to the policy limits for the MCS 90 endorsement. The minimum insurance requirements for the endorsement may be lower than the primary liability coverage. Therefore, you could receive less for an MCS 90 claim than you would if you could file a claim under the primary liability insurance policy.
The minimum insurance coverage for an MCS 90 endorsement is:
- $750,000 for trucks transporting non-hazardous loads
- $1,000,000 for trucks carrying hazardous waste, oil, and other types of hazardous substances
- $5,000,000 for trucks carrying specific hazardous substances
- $5,000,000 for small trucks carrying specific hazardous materials
A truck accident lawyer can verify the commercial truck insurance for your accident case, including coverage amounts and MCS 90 endorsements.
It is important to remember that you have the burden of proving the trucking company is liable for the truck accident. Therefore, you must have evidence proving fault. Experienced truck accident attorneys have the resources, skills, and experience to investigate truck accidents and gather evidence proving causation and liability.
What Should I Do If I Am Involved in a San Diego Truck Accident?
Protecting your health and legal rights is essential after a truck accident. Steps to take after a semi-truck accident include:
- Call 911 to report the truck crash and wait for police and EMS to arrive. Do not decline medical treatment at the accident scene or say that you are “okay” or not injured.
- If possible, document the accident scene by taking photographs and making a video of the accident scene. Be cautious. Accidents involving large trucks can be dangerous because of fires and explosions.
- Ask eyewitnesses and bystanders for their names and contact information.
- Seek immediate medical treatment for your injuries. Failing to obtain medical care could result in allegations of failure to mitigate damages.
- Avoid talking to the insurance company, trucking company, investigators, or other parties about the truck accident until you seek legal advice from an experienced truck accident attorney.
- Document your damages by keeping careful notes of all conversations, copies of medical records, and copies of receipts and bills for out-of-pocket expenses.
It is not in your best interest to accept a settlement offer without talking to an attorney. If you accept a settlement offer, you release all parties for all claims. Therefore, even if you discover you have a permanent impairment or need additional surgery, you cannot demand more money if you sign a settlement and release.
Damages in a truck accident case can total millions of dollars. Truck accident victims can recover economic damages, such as lost wages and medical bills. They can also receive non-economic damages for the pain and suffering they endured.
Therefore, trucking companies and their insurance providers aggressively fight truck accident claims. They have substantial resources and teams of professionals to investigate and fight claims.
Contact an Attorney After a Truck Accident
Hiring a truck accident lawyer gives you a team of professionals working on your behalf to prove you deserve compensation for damages. Your lawyer gathers evidence of fault and documents your damages for your claim. While you focus on your recovery, your attorney focuses on recovering the compensation you deserve.
Contact Our Truck Accident Law Firm in San Diego Today To Get More Information
Mission Personal Injury Lawyers
2515 Camino del Rio S Suite 350, San Diego, CA 92108
We also serve the state of Texas. Contact our personal injury law office in El Paso for legal assistance today.