If you’ve been involved in a truck accident in Texas, you may come across the term “MCS-90 endorsement” when dealing with the trucking company or its insurer, and wonder what it actually means.
The MCS-90 is not a separate type of insurance policy., It’s a federally required endorsement that ensures victims are compensated even if the trucking company’s primary insurance refuses to pay or doesn’t cover the crash. In other words, it’s a critical safeguard designed to protect the public — and it can make a major difference in your case.
At Zehl & Associates, our undefeated truck accident lawyers have won Billions for clients across Texas and the U.S., including the largest truck accident verdicts and settlements in history. We know how to identify every available source of recovery, including MCS-90 coverage, to hold the trucking company fully accountable and ensure our clients receive the full compensation they deserve.
Read on to learn more about what an MCS-90 endorsement is and whether you may be able to utilize one in the context of your Texas truck accident case.
The Purpose of MCS-90
MCS-90 endorsements were created under the Motor Carrier Act of 1980. Federal law requires motor carriers that engage in interstate commerce to carry proof of financial responsibility. The idea is simple: if a trucking company’s insurance policy excludes coverage for a certain type of accident, the endorsement ensures that victims are not left without a source of recovery.
For example, a trucking company’s policy might exclude coverage if the truck was being used outside the scope of its normal business operations. Without MCS-90, accident victims might have no way to collect damages. With MCS-90 in place, the insurance company must still pay compensation up to the required federal minimums in such circumstances.
How MCS-90 Works in Practice
An MCS-90 endorsement acts as a safety net. It kicks in only if the trucking company’s policy does not otherwise provide coverage.
Here’s how it generally works:
- A trucking company carries liability insurance as required by law.
- The policy has exclusions and conditions that might prevent payment for certain crashes.
- If an excluded crash occurs, the insurer must still compensate the injured victim under MCS-90.
- After paying, the insurer may have the right to seek reimbursement from the trucking company.
This reimbursement provision makes MCS-90 different from normal insurance coverage. Essentially, the endorsement is designed to protect the public first, not the trucking company. The trucking company could still face significant financial consequences if its insurer later demands repayment.
Federal Minimum Coverage Amounts
The minimum coverage amounts required under MCS-90 depend on the type of cargo the truck is carrying:
- $750,000 for trucks transporting non-hazardous property.
- $1 million for trucks transporting certain hazardous materials.
- $5 million for the most dangerous hazardous cargo.
These minimums are set by federal law and apply across all states, including Texas. However, many trucking companies carry higher coverage due to the potential severity of truck accidents.
Common Scenarios Where MCS-90 May Apply
Truck accident cases vary widely, but there are a few common examples where MCS-90 might come into play:
- A truck is operating outside its normal geographic or business scope when a crash occurs.
- The trucking company fails to maintain coverage for a specific type of cargo.
- The insurance company attempts to deny coverage based on technical policy exclusions.
- The trucking company is financially unstable and cannot pay damages on its own.
In each of these situations, MCS-90 could require the insurer to step in and cover damages up to the federal minimums.
What Damages Can Be Recovered Under MCS-90?
The damages available under MCS-90 mirror those available in a typical Texas personal injury claim.
Victims may be able to recover both economic and non-economic damages for things like:
- Medical expenses, both current and future
- Lost wages and reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Disability or disfigurement
- Punitive damages in rare cases
- Wrongful death damages in fatal accidents
It’s important to remember that MCS-90 does not increase the compensation you are entitled to. Rather, it only ensures that recovery is possible even when insurance coverage would otherwise be denied.
Limitations of MCS-90
While MCS-90 provides an important safeguard, it also has limits—some of the key restrictions include:
- Applies only to interstate motor carriers: If the truck was not engaged in interstate commerce, MCS-90 may not apply.
- Covers the public, not the trucking company: It ensures victims are compensated, but the trucking company might still have to repay the insurer.
- Does not create new causes of action: MCS-90 does not give victims the right to sue the insurance company directly. Instead, it guarantees coverage if the trucking company is found liable.
- Subject to federal minimums: Compensation may be capped at the federal levels, which may not always cover the full extent of catastrophic damages.
MCS-90 should be seen as a backstop with these limitations in mind, not the first source of recovery.
Why Truck Accident Cases Are Especially Complex
Texas truck accident cases already involve unique challenges. Trucking companies are heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA), and they often have large insurance policies, teams of lawyers, and aggressive defense strategies.
Adding MCS-90 into the mix only makes these cases more complex; in these cases, victims may need to:
- Determine whether the trucking company was engaged in interstate commerce
- Review the terms of the insurance policy and identify exclusions
- Argue that MCS-90 applies when an insurer tries to deny coverage
This is why having an experienced Texas truck accident attorney is critical. A lawyer who understands MCS-90 and federal trucking regulations can level the playing field and fight for the full compensation you need and deserve.
Contact an Undefeated Texas Truck Accident Lawyer With Zehl & Associates Today at 888-603-3636
If you were injured in a truck accident in Texas, pursuing compensation is far too complex to go it alone, especially when federal endorsements like MCS-90 come into play. You need a team with the resources, experience, and proven results to take on the largest trucking and insurance companies in the world and not just win, but set records.
At Zehl & Associates, our undefeated Texas truck accident attorneys have won Billions for our clients, including the #1 largest truck accident verdicts and settlements in state history. Call 888-603-3636 today for a free consultation.
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