November 5, 2025 | Truck Accidents
If you have been hurt in a truck accident, you may be entitled to recover compensation for your medical bills, lost wages, pain and suffering, and more. You probably expect that the trucking company’s insurance will cover all your damages. But what happens if their insurance company denies your claim due to a valid exclusion? This is when an MCS-90 could come into play.
Don’t worry if you’ve never heard of an MCS-90—most people haven’t. However, if you are involved in a truck accident, understanding the details of the MCS-90 could help ensure you get all the compensation you are owed. Continue reading below to learn everything you need to know about the MCS-90.
The Basics of the MCS-90 Endorsement
The MCS-90 is a special endorsement added to the liability insurance coverage of nearly all trucking companies.
Federal law requires the MCS-90 for:
- Commercial motor carriers involved in interstate commerce
- Private carriers transporting hazardous materials
- Small fleets or independent owner-operators engaged in interstate commerce
- Any motor company requiring federal operating authority
The MCS-90 is not an additional insurance policy. Instead, it is a guarantee to the public that the carrier has a certain minimum level of financial responsibility to pay claims in the event of an accident. It ensures coverage for injuries, property damage, and environmental damage after an accident, even if the primary liability insurance would not cover the claim.
How an MCS-90 Can Affect Your Claim
Imagine you are driving down Interstate 275 through St. Petersburg—all of a sudden, a big truck swerves into your lane. You slam on your brakes and try to avoid an accident, but everything happens too quickly. The truck slams into your car, and you end up in a serious accident.
As a result of this accident, you suffered catastrophic injuries. The cost of your economic damages, such as medical bills, property damage, and lost wages, is likely to be in the six figures. This doesn’t even take into account any of your pain and suffering damages.
Normally, you would expect to file a claim with the trucking company’s insurance. If the truck driver was clearly at fault, they should have no problem paying for your damages, right?
The insurance company investigates the accident and determines that the truck driver swerved into your lane due to road rage. Unfortunately, road rage accidents are typically excluded from coverage by insurance companies.
In fact, road rage is a pretty standard exclusion in most commercial auto liability policies. So, this means that the insurance company won’t be writing you a check for your claim. Your next thought might be to sue the truck driver or trucking company in civil court.
That route doesn’t get you very far either. You learn that the truck driver is in the middle of bankruptcy, and the trucking company isn’t much better off. So, will you be left to handle hundreds of thousands of dollars in damages on your own?
How Can the MCS-90 Help?
Fortunately, these are the exact types of situations where an MCS-90 can be helpful. Trucking companies that operate in interstate commerce are required to register with the Federal Motor Carrier Safety Administration. Part of that registration involves showing that they have the financial capacity to cover damages in the event of an accident.
One way they can show their ability to pay for these damages is by purchasing an MCS-90 endorsement for their insurance policy. When the trucking company purchases this endorsement, the insurance company agrees to pay for virtually any damages caused by the trucking company.
The insurance company receives payment from the trucking company for this endorsement. Additionally, the insurance company reserves the right to seek reimbursement from the trucking company for any funds it must pay under the endorsement.
Limitations of the MCS-90
Although the MCS-90 can be very beneficial, it applies only in very limited circumstances. First, the motor carrier must be involved in interstate commerce. If a trucking company operates solely within the state of Florida, they are not required to have an MCS-90 (unless it transports hazardous materials).
Once you have verified that the company is involved in interstate commerce, you must evaluate some other factors.
The MCS-90 will only apply if:
- The truck driver or the trucking company was at fault
- The trucking company’s standard liability insurance will not cover the accident
- You have no other options for obtaining compensation
- You are not an employee or contractor of the motor carrier
When a trucking company purchases the MCS-90 endorsement, it must buy certain minimum levels of coverage. The amount that applies to each trucking company depends on the materials they transport.
The minimum required levels of responsibility are:
- $750,000 for a truck carrying non-hazardous materials
- $1 million for a truck carrying oil, hazardous waste, or other hazardous materials
- $5 million for a truck or a small truck carrying certain specific hazardous materials
The larger amounts for trucks carrying hazardous materials account for the environmental cleanup that may be necessary after an accident.
What to Do if You Are Hurt in a Truck Accident
If you are hurt in an accident with a big truck, make sure you follow these steps to protect your rights.
First, call 911 for help and get immediate medical treatment for any injuries. Your medical records can provide crucial evidence about the value of your case. If possible, obtain the truck driver’s name, the name of the trucking company, and their insurance information.
Next, gather as much evidence from the scene as you can. This may include photos of all the vehicles involved, the crash scene itself, and any injuries you sustained. Also, get the names and contact information of any witnesses who saw the accident. You should promptly notify your insurance company of the accident.
Contact Our St. Petersburg Truck Accident Lawyers at Graves Thomas Injury Law Group for a Free Consultation
If you’ve been injured in an accident, please contact our experienced St. Petersburg truck accident lawyers at Graves Thomas Injury Law Group to schedule a free consultation today. They can handle all communications with the other side and determine if the MCS-90 may apply in your situation.
We have three convenient locations in Florida, including Vero Beach, St. Petersburg, and Port St. Lucie.
Graves Thomas Injury Law Group – Vero Beach
2651 20th St
Vero Beach, FL 32960
(772) 758-1966
Graves Thomas Injury Law Group – Port St. Lucie
10805 SW Tradition Square Unit 024A
Port St. Lucie, FL 34987
(772) 677-0373
Graves Thomas Injury Law Group – St. Petersburg
200 Central Ave
