What Is An MCS-90?

Have you been injured in a traffic accident in New York involving a large commercial truck? Truck accidents commonly leave victims with devastating injuries that require costly medical care, time away from work, and other significant expenses. If this is true of your situation, you could be entitled to substantial compensation for your losses. However, obtaining fair compensation is not always as simple as it should be, especially when commercial insurance policies fall short of what you are owed.

In some truck accident cases, this is where MCS-90 endorsements come in. An MCS-90 endorsement is a type of amendment for a commercial insurance policy that guarantees that a liable commercial auto insurance carrier will provide certain minimum amounts of compensation when members of the public are injured in truck accidents through no fault of their own. 

If a commercial auto insurance company attempts to minimize or deny your injury claim on the grounds that it is not covered under the available policy, the knowledgeable truck accident attorneys of Finz & Finz, P.C. can help you by determining whether an MCS-90 applies to your case. If an MCS-90 does apply, there may be considerable amounts of compensation available for your claim. To learn more about what an MCS-90 endorsement does and when its provisions may apply, continue reading or contact our firm today to begin your free initial consultation.

What Does an MCS-90 Endorsement Do?

Commercial auto insurance policies are meant to cover losses in the event of a truck accident, so you may be wondering why MCS-90 endorsements are even necessary. One key reason is that commercial insurance policies do not always cover the full scope of the destruction caused by some truck accidents. Another is that insurance providers are not inclined to cover every claim they receive. 

MCS-90 endorsements are meant to protect individuals from the devastating financial effects of a truck accident, regardless of insurance policy limits or provider inclinations. Importantly, an MCS-90 is not a type of insurance policy. An MCS-90 endorsement is more of a legal safety net to ensure that truck accident injury victims are not forced to shoulder the financial consequences of a truck driver’s or trucking company’s actions. 

When Is an MCS-90 Endorsement Applicable?

Since 1980, the Federal Motor Carrier Act has required interstate motor carriers to prove that they have the resources to meet certain minimum levels of financial responsibility when they are liable for accidents. There are three ways commercial motor carriers can satisfy this requirement:

• MCS-90 endorsements – Most trucking companies choose to purchase liability insurance through commercial insurance providers. Motor carriers who go this route must have MCS-90 endorsements “attached” to their insurance policies.
• MCS-82 surety bonds – Some motor carriers provide proof of their financial responsibility by providing surety bonds, which are like formal guarantees. These companies use MCS-82 endorsements as proof of the surety’s obligation.
• Proof of self-insurance – Finally, some motor carriers choose to qualify as self-insured. Only companies that maintain satisfactory safety ratings and have proof of financial resources are eligible to operate while self-insured.

The MCS-90 endorsement, which is by far the most common way for motor carriers to meet this federal requirement, does not work like an insurance policy. The endorsement simply attaches to an existing policy, creating an obligation on behalf of the relevant insurance company to pay for truck accident victims’ losses when other policies do not provide adequate coverage. 

This obligation applies any time negligent operation, maintenance, or use of a commercial vehicle causes injury to a member of the public, even if the truck in question is not specifically named in the applicable insurance policy. The text of the Form MCS-90 also specifies that no “condition, provision, stipulation, or limitation” of any insurance policy nor the insolvency or bankruptcy of an insurance company will eliminate the insurer’s obligation to pay victims with legitimate claims.

What to Do If You Have Been Injured in a Truck Accident

If you were injured in a truck accident in New York, you can protect your health and your legal rights by taking the following simple steps:

• Seek medical attention as soon as possible to have your crash injuries diagnosed, treated, and added to your medical records
• Follow your doctor’s care plan to improve your health and demonstrate to interested parties that you are taking your recovery seriously
• Gather evidence from the accident scene, including photos, statements from eyewitnesses, and contact and insurance details from the truck driver
• Keep track of medical bills, bank records, pay stubs, repair estimates, and other accident-related documentation as proof of your financial losses
• Create a “pain journal” to record daily observations about your pain levels and the ways your injuries impact your day-to-day life
• Watch what you say to the truck driver, the insurance company, and any other parties after the accident, as anything you say could be used against you
• Avoid posting or sharing anything on social media while your claim is pending
• Contact a knowledgeable car accident attorney in New York for legal advice

How a Truck Accident Lawyer Can Help

When you retain the services of the top-rated truck accident lawyers at Finz & Finz, P.C., we can help you obtain the compensation you are owed by:

• Answering your questions and evaluating your case in a free strategy session
• Conducting an independent and thorough investigation into the truck accident
• Identifying potentially liable parties and preserving valuable supporting evidence
• Determining if an MCS-90 or another non-standard factor applies to your case
• Communicating with insurance providers and other parties on your behalf
• Interviewing eyewitnesses and reliable experts for useful case testimony
• Working relentlessly to maximize your compensation every step of the way

Contact a Top Truck Accident Attorney in New York Today

The New York truck accident attorneys at Finz & Finz, P.C. are here to help you pursue the compensation you deserve after a collision that wasn’t your fault. We strongly believe that you should not have to suffer the consequences of someone else’s poor judgment or careless behavior. Contact our respected firm today to learn more about your legal options in a free initial case review.