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What you need to know about MCS 90 endorsement in a truck accident?

Understanding the MCS 90 Endorsement in a Truck Accident Claim

If you’ve been in an accident with a semi-truck, 18-wheeler, or another commercial vehicle, your claim should be protected by the MCS-90 endorsement. But what does that mean, and what happens if the truck company doesn’t have one? To give you some clarity on this complicated topic, our truck accident attorneys in Houston are breaking down what the MCS 90 is (and what it isn’t), how it came to be, and how it can help you get the compensation you deserve after an accident.

What Is MCS 90?

Basically, the MCS 90 endorsement is a necessary add-on to a commercial automobile insurance policy. It amends the standard policy in order to guarantee that if an individual is injured in a truck accident, the trucking company or their insurance, will provide the minimum amount of money to pay for hospital bills, lost wages, and injuries, even if the insurance policy doesn’t cover the commercial truck. Every commercial trucking company and motor carrier transporting people or products across state lines, like a charter bus or shipping company, has to have this in order to conduct business legally.

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Is MCS 90 Added Insurance?

Contrary to popular belief, the MCS-90 endorsement is not additional insurance. Instead, it requires the insurance company to take on the cost of almost any claim from someone injured by a commercial truck, even if the cause of the accident isn’t covered. Basically, it makes sure that if you’re injured by a commercial truck, and the truck driver or trucking company is at fault, regardless of the circumstances of the crash, you’ll get the compensation you are owed.

An MCS 90 Endorsement Scenario

We understand this is complicated, so consider this example:

You’re driving on I-45 and a truck driver sideswipes your vehicle because he didn’t see your vehicle. He was merging, crossed a solid line, entered the interstate too soon, and crashed right into your vehicle. Your car is totaled, and you have received a concussion, spinal cord injuries, and a broken arm from the collision, leading to hefty hospital bills, ongoing physical therapy, and months of lost wages.

It turns out that the driver was experiencing road rage due to high traffic and intentionally merged too soon, though didn’t intentionally hit your vehicle. However, insurance doesn’t cover intentional acts that cause accidents, including road rage accidents. Rather than you being left without a claim for damages, the MCS 90 endorsement requires the insurance company to pay the fair amount.

Do You Need an Attorney when an MCS 90 Endorsement Should Cover a Claim?

Because the MCS 90 endorsement requires insurance companies to pay for a claim, does that mean you don’t need a truck accident attorney? No. Insurance companies will do everything possible to avoid paying out fair compensation to accident victims. This means offering minimal settlements or attempting to place the fault for the accident on the victim.

Having an experienced attorney on your side ensures you have an advocate who will negotiate on your behalf with insurance companies and won’t accept a settlement that is not in your best interests. Also, they have the resources to investigate your claim, including analyzing witness statements, medical records, and police reports to understand what actually happened in the accident and how much your case is worth.

Do All Truck Drivers and Companies Have an MCS 90 Endorsement?

The Federal Motor Carrier Act of 1980 makes it a legal requirement for trucking companies and interstate commercial motor carriers to have this add-on to prove they are fiscally responsible for their actions and the actions of their employees. If the MCS 90 has lapsed, the trucking company is still liable, but the insurance company will not be, making it difficult to secure compensation after an accident.

Schedule a Consultation with Ivey Law Firm Today

If you’ve been in a truck accident, it can be difficult to secure compensation on your own. Our team is on your side, providing the advocacy and representation you need to get a fair outcome. To learn more or to schedule a free case consultation, reach out to us today at 888-335-0015 or fill out the form below.