Riddle & Riddle Injury Lawyers | November 11, 2025 | Trucking Accident
If you’ve been in an accident with a commercial truck, you might hear about something called the MCS-90 endorsement. But what is the MCS-90 endorsement, and why does it matter in a personal injury case?
The MCS-90 is a special insurance endorsement required under federal law. It applies to trucking companies and other commercial motor carriers that operate across state lines. Its purpose is to make sure that someone injured by a negligent truck driver can still recover compensation, even if the trucking company’s insurance policy wouldn’t normally cover the accident.
How Does the MCS-90 Endorsement Work?
The MCS-90 endorsement is part of the federal Motor Carrier Act of 1980. Any company engaged in interstate commerce using certain types of vehicles must have this endorsement attached to its liability insurance policy.
Here’s what the MCS-90 endorsement does:
- Guarantees payment: If the truck’s insurance company denies a claim due to a policy exclusion, the MCS-90 forces the insurer to pay the injured party up to a federally required minimum regardless.
- Protects the public: It ensures that accident victims can still get compensated, even when the at-fault trucking company is underinsured or uninsured.
- Shifts liability: After the insurer pays the victim, it can often recover that amount from the trucking company if the policy wouldn’t have otherwise covered the incident.
In short, the MCS-90 doesn’t expand coverage for the trucking company; it protects the public from being left empty-handed.
When Does the MCS-90 Apply?
The MCS-90 endorsement only applies under certain conditions:
- The accident involves a vehicle used in interstate commerce.
- The trucking company is subject to Federal Motor Carrier Safety Administration (FMCSA) regulations.
- The at-fault vehicle is covered under an MCS-90-endorsed policy.
- The injured person has no other way to recover compensation through insurance.
If standard coverage is available (e.g., the trucking company’s insurer agrees to pay), the MCS-90 doesn’t need to kick in. It’s a safety net, not a first line of defense.
Minimum Coverage Requirements Under MCS-90
Federal regulations set minimum liability amounts for MCS-90 policies based on the type of cargo:
- $750,000: For general freight
- $1 million: For oil transport
- $5 million: For hazardous materials
These amounts ensure that if you’re seriously injured in a trucking accident, there’s a source of funds to cover your damages regardless of the trucking company’s financial status or internal policy limits.
Does the MCS-90 Help North Carolina Accident Victims?
Yes, even though the MCS-90 is a federal rule, it applies to North Carolina drivers when an interstate carrier is involved. If you’re hit by an out-of-state commercial vehicle and insurance coverage is denied, the MCS-90 endorsement may still guarantee payment.
However, it’s important to remember:
- The endorsement only applies to interstate trucking companies.
- It only helps if no other insurance covers the loss.
- It does not apply to purely intrastate carriers.
Navigating these rules often requires the help of an attorney familiar with both federal trucking regulations and North Carolina personal injury law.
What if the Insurer Pays Under MCS-90?
If the MCS-90 applies and the insurer is forced to pay a claim it wouldn’t usually cover, the insurer may then sue the trucking company to get reimbursed. This is called “indemnification.” The endorsement benefits the injured party, but the trucking company may still be on the hook in the end.
Contact the Kinston Commercial Truck Accident Lawyers at Riddle & Riddle Injury Lawyers for Help Today
If you’re injured by a commercial truck and the company’s insurance refuses to pay, the MCS-90 could be the key to getting compensation. It helps ensure that injured drivers, passengers, and pedestrians aren’t left to bear the costs alone.
Understanding whether the MCS-90 applies to your case can make a major difference in your ability to recover damages. If you’re dealing with a commercial vehicle crash, Riddle & Riddle Injury Lawyers is here to help. Contact us today for a free consultation with a Kinston commercial truck accident attorney.
For more information, contact Riddle & Riddle Injury Lawyers to schedule a free consultation with a truck accident lawyer in North Carolina today. We have twelve convenient locations in North Carolina, including Greenville, Raleigh, Goldsboro, Jacksonville, Kinston, Charlotte, Greensboro, Durham, Fayetteville, Wilmington, Winston-Salem & Garner.
Riddle & Riddle Injury Lawyers – Raleigh Office
4600 Marriott Dr STE 500, Raleigh, NC 27612
(919) 876-3020
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601 N Spence Ave, Goldsboro, NC 27534
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1914 J N Pease Pl Suite 142, Charlotte, NC 28262
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Riddle & Riddle Injury Lawyers – Greenville Office
300 E Arlington Blvd Suite 2A #110, Greenville, NC 27858
(252) 397-8620
Riddle & Riddle Injury Lawyers – Fayetteville Office
2517 Raeford Rd, Fayetteville, NC 28305
(910) 387-9186
Riddle & Riddle Injury Lawyers – Greensboro Office
7B Corporate Center Ct Suite 15, Greensboro, NC 27408
(336) 516-9066
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3391 Henderson Dr, Jacksonville, NC 28546
(910) 455-5599
Riddle & Riddle Injury Lawyers – Garner Office
500 Benson Rd Suite 111, Garner, NC 27529
(800) 525-7111
Riddle & Riddle Injury Lawyers – Kinston Office
807 N Queen St, Kinston, NC 28501
(252) 397-8624
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1608 Queen St Suite 12, Wilmington, NC 28401
(910) 889-4064
Riddle & Riddle Injury Lawyers – Winston-Salem Office
102 W 3rd St, Ste 1007, Winston-Salem, NC 27101
(336) 516-9042