The majority of individuals are unaware of MCS-90 for trucking companies, and often mistake the endorsement form for the insurance itself. The MCS-90 is not an actual insurance policy. It merely proves that trucking companies have the insurance needed in the case of an accident they cause.
These trucking companies must follow up independently with their insurance company or broker to keep the insurance current.
In general, an MCS-90 is important for people in the following groups:
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People who are employed by or associated with trucking companies
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Insurers for trucking companies
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Those who suffer injuries in collisions with commercial trucks may be surprised to learn that the "MCS-90" standard has a significant bearing in determining whether they can receive reimbursement for their damages or not.
Having an MCS-90 shows the FMCSA that a company has a surety bond, insurance through the general market, or self-insurance.
Victims in accidents truck accident cases should contact a truck attorney to help them present their claims against trucking companies. These experts understand the MCS-90 and know how to use it to get you full compensation for your losses.
Powell Law Firm has been helping accident and other personal injury victims for years. Contact us at (314) 470-1374 for a free case consultation.
Detailed Explanation of The Federal Motor Carrier Safety Administration (FMCSA)
MCS-90 is an "endorsement" to a commercial auto insurance policy that almost every motor carrier that engages in interstate commerce must possess. This includes trucking companies. It is an addition to a conventional insurance policy by insurance companies. Any corporation that delivers people or goods for payment is referred to as a "motor carrier." Crossing state boundaries are referred to as "interstate commerce."
According to federal regulations, commercial motor vehicles controlled by motor carrier authorities, including those moving hazardous products must have an MCS-90 endorsement. The Department of Transportation has the authority to punish a driver or truck company if an MCS-90 is invalid or out of date.
Public liability is a part of the MCS-90 endorsement. Contrary to widespread perception, the MCS-90 does not extend an insurance policy's current coverage in any way. Instead, it adds to common commercial motor insurance plans and a guarantee to the general public. The MCS-90 ensures that even if the standard insurance policy doesn't cover the commercial truck that caused an accident, victims will have access to some money to pay for their injuries.
When Does the Federal Motor Carrier Act Come Into Play?
Many incidents can occur when driving on the highway. A great way to help prevent accidents is to know where the 4 blind spots on an 18-wheeler are. A tipped-over truck is a classic example. Drivers often have no way to escape such accidents and end up with serious injuries if they don't lose their lives. The driver loses wages while recuperating, incurs medical bills, lose their vehicle, and suffers physical pain and emotional distress.
In a circumstance like this, one anticipates that the driver or trucking company's insurance plan would cover their losses and injuries. After all, they are responsible for the accident.
Surprisingly, a regular insurance policy for a commercial truck excludes road rage; this means, most big rig insurance policies don't cover damages arising from a truck driver's "road rage" accident.
Suing the truck driver and the trucking firm might seem like the solution. However, that also proves to be a dead end if the driver is bankrupt, and the trucking firm is a fly-by-night operation. Most of these can't even afford to pay their employees, let alone give a victim the compensation they are due. This is when MCS-90 steps in on behalf of the injured victim.
Trucking companies, often known as "motor carriers," are required to register with the Federal Motor Carrier Safety Administration (FMCSA) to operate a commercial vehicle in "interstate commerce". One of the financial responsibility requirements for those businesses to register is to demonstrate that they have the resources to pay for any operational damages even if their insurance does not cover it. They typically accomplish this by asking their insurance company to add an MCS-90 endorsement to their insurance policy.
If an MCS-90 endorsement is in place, the insurance provider will agree to be liable for paying nearly any claim made by a member of the public hurt by a trucking company's vehicle.
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