If you sustain an injury in an accident with a larger commercial truck on Pennsylvania roadways, your claim may be protected by the MCS-90 endorsement. However, most individuals have no idea what an MCS-90 endorsement is. Here, we want to give some clarity on this topic and discuss what you can do to recover maximum compensation after an accident with a semi-truck with the help of a Philadelphia accident attorney.
What is an MCS-90 Endorsement?
The MCS-90 endorsement is a required add-on to commercial auto insurance policies. This endorsement amends the standard policy to offer a guarantee that if someone sustains an injury in a commercial trucking accident, then the truck company or their insurance carrier will provide a minimum amount of compensation for hospital bills, lost wages, and other expenses resulting from the accident. This endorsement will pay even if the insurance policy does not cover the incident.
Every single commercial truck company or motor carrier that takes goods or people across state lines must have this endorsement as part of their insurance policy in order to legally conduct business.
This endorsement requires the insurance carrier to take care over the cost of just about any claim filed by a person injured by a commercial truck, even if the cause of the incident isn’t covered.
For example, the vast majority of commercial insurance policies will not pay a claim for an accident that was caused by intentional actions on the part of the truck driver, even if the truck driver is clearly responsible for the incident. However, the MCS-90 endorsement would kick in to cover payment to any person who sustains property damage or injuries as a result of the intentional actions of the driver.
How Much Does the MCS-90 Endorsement Cover?
The Motor Carrier Act of 1980 explicitly outlines mandatory minimum levels of insurance that motor carriers must maintain in order to remain legal on the roadways. These amounts range anywhere from $750,000 to $5 million, depending on the type of freight being carried.
The total amount of compensation paid by the MCS-90 endorsement will vary depending on the overall limits of the original policy of the truck carrier. For example, if they carry a $750,000 minimum liability policy, then the endorsement will pay up to this limit. If the insurance carrier has higher limitations, either by choice or due to the type of freight they carry, then the endorsement will pay the higher amount.
Working With an Attorney
If you or somebody you care about has sustained an injury or property damage in an accident caused by a commercial truck driver, you need to work with an attorney immediately. These incidents can become incredibly complicated, particularly when determining liability and recovering compensation. A skilled truck accident lawyer in Philadelphia will fully investigate every aspect of the claim, gather the evidence needed to determine liability, and handle all communication and negotiation with the insurance carriers. They will delve through the policies and explore all routes of compensation, including the MCS-90 endorsement.