MCS-90 is probably something you have never heard of unless you work in a role that involves commercial trucking. This is the true for the vast majority of people, up until the point where they are engaged in an accident with a truck.
Commercial truck drivers are obliged to have insurance coverage, just as other drivers. There is often an add-on endorsement to the insurance policy covering a vehicle that is known as MCS-90. This endorsement is in addition to the standard insurance policy covering the truck.
The Federal Motor Carrier Safety Administration, more commonly referred to as the FMCSA, is in charge of establishing the requirements for this coverage.
In the case of an accident involving a commercial truck, filing an MCS-90 claim is the method through which you would most likely be compensated.
Why do Trucking Companies Use MCS-90?
You might be asking what the big deal is with the MCS-90. After all, isn't it the law that every single motorist needs to have insurance? Although this is true, it is not nearly as easy as it sounds for drivers of commercial trucks.
Insurance is something that is legally needed to be carried by commercial truck drivers. However, there is a possibility that the coverage provided by that policy may not be adequate to pay for the losses that may be incurred as the consequence of an accident involving a commercial truck.
In just the state of Florida alone, there were far over 300,000 registered vehicle accidents in the previous year. A significant number of these mishaps led to either fatalities or injuries of a severe kind. Many featured people who drove commercial trucks.
There are numerous smaller trucking companies, the most of which do not generate a significant amount of revenue. This is in contrast to the many huge trucking companies. It may be impossible for such businesses to continue operations if they are required to maintain pricey insurance coverage.
The MCS-90 system is the solution to this conundrum. Endorsement is another term for this type of addition that is made to an already existing insurance policy.
With the additional endorsement, commercial vehicles will be able to operate more securely and will have sufficient insurance coverage to pay for any damages that may be incurred in the case of an accident.
What Situations does MCS-90 Apply To?
MCS-90 does not immediately go into effect in the event of every collision involving a semi truck. It is only applicable in certain circumstances, specifically those in which all other possible insurance choices have been used up.
The following conditions absolutely need to be met:
The MCS-90 only applies to intrastate and interstate trucking. If a trucking firm is just operating inside one state, it is highly unlikely that the company will pay for the endorsement because it is not necessary of the company to do so.
The amount of the damages must be more than the primary insurance coverage held by the trucking firm for the additional endorsement to become effective.
Even if the collision fulfills all of the other requirements, the truck driver must still be considered the negligent party.
Because it is designed to safeguard the general public from injuries caused by commercial drivers, the Motor Carrier Safety Act (MCS-90) does not apply to circumstances in which the driver of another vehicle was at fault for the collision.
Last but not least, pursuing compensation through the MCS-90 is only a possibility if you have exhausted all other possibilities. If you pay for a generous full-coverage policy for yourself and your insurance can cover the costs of the accident, for instance, you are required to seek compensation through all other avenues before you can make a claim against the MCS-90 endorsement. This is the case even if your insurance can cover the costs of the accident.
Many drivers just purchase the basic minimum of insurance, which may not fully cover the damages, injuries, medical costs, and lost wages that might occur as a consequence of a hazardous commercial trucking accident. Many drivers simply pay for the bare minimum of insurance. Because of this, MCS-90 was developed.
How Can I Be Compensated?
If you've been hurt in an accident involving a commercial vehicle and you're having difficulties getting compensated for your injuries, your best bet is to get in touch with a lawyer that specializes in representing victims of trucking accidents.
To be eligible for compensation under the MCS-90 endorsement, proper evidence must be supplied to the insurance company to verify that the accident satisfies all of the essential conditions. This can be a challenging process for some people because the insurance company requires this proof.
The endorsement may not apply in many different scenarios; thus, the assistance of a lawyer may be useful in constructing a case for financial reimbursement.
MCS-90 was created to guarantee that victims of transportation accidents had legal options available to them following the crash. You may explore the coverage with the assistance of a legal professional, and they can also assist you in filing a claim.
Contact Nooney, Roberts, Hewett & Nowicki Today!
The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience fighting for victims of truck accidents. As a passionate firm, we fight for the compensation you rightfully deserve. Our expert legal team can help you along this complicated and intricate process.
Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive truck accident attorneys! ¡Hablamos español!
We serve clients throughout Florida, including, but not limited to, those in the following localities: Duval County including Atlantic Beach, Jacksonville, and Jacksonville Beach; Hillsborough County including Brandon, Riverview, and Tampa; Leon County including Tallahassee and Woodville; Orange County including Ocoee, Orlando, and Winter Garden; St. Lucie County including Fort Pierce, Lakewood Park, and Port St. Lucie; and Walton County including DeFuniak Springs, Miramar Beach, and Santa Rosa Beach.