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What is MCS 90?

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  • What is MCS 90?

Every motor carrier, especially trucking companies involved in interstate commerce, must have an endorsement of a commercial auto insurance policy known as MCS-90. Let’s take a deeper look into this term and its purpose.

  • An endorsement refers to an insurance company that is an addition to your standard insurance policy.
  • A motor carrier is an organization responsible for transporting cargo or passengers across state lines.
  • Interstate commerce is the transportation of goods and services between states when conducting business.

According to federal regulations, an MCS-90 endorsement is necessary for all motor carriers transporting hazardous materials. In the case of an incorrect or expired MCS-90, the Department of Transportation (DOT) will impose a fine on the trucker or trucking company.

Does Mcs-90 Provide Any Additional Coverage?

MCS 90 does not add additional coverage to your standard insurance policy; it involves public liability. MCS-90 coverage is an amendment to previous auto insurance policies and provides a guarantee to the public, assuring that you can obtain compensation for your injuries if you are involved in a trucking accident.

What Does MCS-90 Stand For?

The MCS-90 form 2022 is an endorsement of Motor Carrier Policies of Insurance for Public Liability under sections 29 and 30 of the Federal Motor Carrier Act of 1980, which requires motor carriers to show proof of financial protection that is equal to or greater than the minimum provided by the particular state required for creating the MCS-90 form. Therefore, anyone who plans to start a trucking company needs to prioritize this.

MCS-90 Example

Even if you do everything in your power to avoid a truck accident on the highway, it may still occur and leave you stranded with severe injuries. Suppose that is the case and that after spending more than a month in the hospital recovering from these incidents, you now face financial repercussions such as medical expenses, lost wages, car repair costs, pain, and suffering.

In these circumstances, you would anticipate the insurance firm of the trucking business to cover your personal injuries and damages. Unfortunately, this is not always a reality; as it’s likely that the company may attempt to back out or provide far less compensation than necessary for what occurred.

Fortunately, this is when an MCS-90 trucking endorsement can come to the rescue. To operate your trucking business on interstate highways in compliance with regulations, you must have already registered for the MCS-90 with the Federal Motor Carrier Safety Administration (FMCSA).

Therefore, if you file a claim and the trucking company fails to provide sufficient compensation, you can appeal your case with the FMCSA. In this case, the MCS-90 endorsement will provide you with protection against financial losses due to a trucking accident.

In summary, the MCS-90 endorsement is an important document for motor carriers to have when operating interstate highways. It plays an essential role in ensuring that the trucker or trucking company is compliant with federal regulations and provides a guarantee of financial protection to the public in case of an accident.     

What Does MCS-90 Guarantee When They Operate In Interstate Commerce?

The MCS-90 offers protection for the motor carrier in case of accidents where they are liable; their standard insurance policy does not cover such incidents, and you cannot be considered an independent contractor of the trucking company.

The amount of liability coverage required under the MCS-90 form varies depending on your insurance policy. For reference, here are the minimums:

  • $750,000 for trucks that carry non-hazardous property.
  • $5,000,000 for trucks that carry hazardous substances.
  • $1,000,000 for trucks carrying hazardous waste, oil, and other hazardous substances.
  • $5,000,000 for small trucks that carry particular hazardous materials.

These minimums will be less than the compensation you can receive from the insurance company according to the standard coverage.

What Are The Specifications Of The Federal Motor Carrier Act of 1980?

Motor carriers have the option to self-insure their trucking company, affording them coverage for any potential negligence. A surety bond provides reimbursement from one party to another, and motor carriers may also obtain an MCS-90 endorsement on their insurance policy.

Does MCS-90 Act As A Protection Against Environmental Damage? 

Yes, MCS-90 focuses on environmental restitution coverage. For example, trucks carrying hazardous substances like cargo may cause environmental pollution when they spill. It could happen when a truck accident occurs, and you would need to pay to clean up the spill. Some trucking insurance policies provide pollution exclusion and hence encourage environmental restitution coverage.

An experienced truck accident lawyer will provide you with an understanding of your legal alternatives and how the MCS-90 can help you pursue appropriate compensation.