Injured In A Truck Accident? Here’s Why Mcs-90 Is Important

If you are not a commercial truck driver and have never heard of the MCS-90 endorsement, it’s probably for the best… It indicates that you have never been involved in an accident involving a commercial truck for which you were required to seek compensation.

When is MCS-90 Applicable?

If you were seriously injured in an accident involving a commercial truck, you will likely seek compensation not only for your injuries, but also for the damages to your vehicle and the pain and suffering you’ve endured.

What if, however, the truck driver’s or trucking company’s insurance policy denies coverage? Or perhaps you have sued them only to discover that they are unable to compensate you. Exactly at that point does the MCS-90 endorsement become relevant.

You may be concerned that the truck driver who caused the accident lacks an MCS-90 endorsement, but it is highly unlikely that this is the case. The Motor Carrier Act of 1980 mandates that all commercial motor carriers and individuals who are compensated to transport property or passengers must register with the Federal Motor Carrier Safety Administration.

This agency requires all trucking companies to demonstrate that they are able to pay for any damages their vehicles may cause. In the majority of cases, this proof is an MCS-90 endorsement.

Other methods of establishing proof of financial responsibility include self-insurance and a surety bond, both of which still guarantee compensation in the event of an accident involving a commercial truck, but are significantly less common than the MCS-90 endorsement.

Specific Requirements for the MCS-90 Endorsement

Due to the fact that the MCS-90 endorsement does not function like regular insurance, but rather as protection when the auto liability insurance does not provide coverage, there are specific requirements that must be met for it to be a viable option when seeking compensation.

In order for the MCS-90 to become effective, the following must occur:

  • You do not work for the trucking company and are not determined to be at fault for the collision.
  • The accident is not covered by the truck driver’s or company’s auto insurance.
  • All other compensation options have been exhausted.

If this describes your accident, it is likely that you can pursue compensation through MCS-90. Nevertheless, you will likely need the assistance of a truck accident attorney to guide you through the procedure. MCS-90 and truck accident settlements can be lengthy and complex matters.

Consultation with an attorney first is always recommended.

Minimum Financial Responsibility Coverage

In order to be registered with the Federal Motor Carrier Safety Administration, motor carriers must meet minimum liability coverage requirements. These liability minimums are determined based on the cargo of the truck. The liability minimum will increase proportionally to how hazardous the cargo is to the public and the environment.

These minimums include:

  • $750,000 for the disposal of all nonhazardous materials
  • $1,000,000 for oil, hazardous waste, and other hazardous materials
  • $5,000,000 for specific hazardous materials and radioactive materials

Additionally, the minimum payout can vary based on the size of the truck carrying the materials. The minimum will be increased if a smaller truck carrying hazardous materials is deemed more dangerous to the general public.

Things to Keep in Mind if You’ve Been Hurt in a Trucking Accident

Remember the following information if you were recently involved in an accident involving a commercial truck.

Determining who is responsible for a truck accident can be a complicated, time-consuming process. It could be the truck driver, the trucking company, the manufacturer of the truck, the owner of the truck, the loader or manufacturer of the truck’s cargo, or you, the other driver. It may seem obvious that the truck driver or trucking company is at fault, but the situation is almost always more complicated.

Consider that only 22% of truck accidents are caused by driver error alone. This means that the real cause of the accident is much more likely to be something complex and difficult to determine. Therefore, it is always advisable to consult an attorney.

Under the MCS-90, insurance companies do not wish to compensate anyone. They are aware that their client is unlikely to be able to repay them if MCS-90 was necessary in the first place. This indicates that they are likely to attempt to reach a settlement with you before MCS-90 becomes a factor.

Most likely, settling will cause you to lose money that is rightfully yours. Do not sign or agree to anything before consulting with an attorney.

Insurance companies frequently provide legal representation for their clients. In MCS-90 cases, they are not required to comply. Despite the fact that it is in the insurer’s best interest to provide an attorney, you should not count on this happening. This implies that obtaining your money without an attorney can be a lengthy and complicated process.

Contact Our Personal Injury Law Firm

Contact Abrams Law Group for a free consultation if you’ve been hurt in an accident and require legal assistance.

Abrams Law Group
104-70 Queens Boulevard, Suite 502
Forest Hills, NY 11375
(718) 997-9797

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