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The MCS-90 endorsement: protection for the public, not for you.

It's one page on your liability policy that most truckers never read. It can matter a lot after a claim.

Semi trucks parked at a truck stop at dusk

The short answer

The MCS-90 is an endorsement attached to a for-hire motor carrier's liability policy. It guarantees that the public will be paid for injuries and damage up to the federal minimum, even if the policy wouldn't otherwise cover the accident. If the insurer pays a claim only because of the MCS-90, the carrier must reimburse the insurer. It protects the public, not you.

The MCS-90 is one of the most misunderstood documents in trucking. Many drivers think it's extra coverage. It isn't. This guide explains what the MCS-90 endorsement is, when it applies, what it doesn't do and why it can leave a carrier owing money to its own insurer.

What the MCS-90 is

The MCS-90 ("Endorsement for Motor Carrier Policies of Insurance for Public Liability") is required by federal regulation for for-hire motor carriers subject to the financial responsibility rules in 49 CFR Part 387. It's attached to your primary auto liability policy and is part of what your insurer certifies when it files your BMC-91 or BMC-91X.

What it does

The MCS-90 is a surety-like guarantee. If a member of the public is injured or their property is damaged by your operation, and a final judgment is entered against you, the insurer agrees to pay up to the federal minimum limit, regardless of whether the policy would otherwise apply. That includes situations like:

  • A truck that wasn't scheduled on the policy
  • A driver who wasn't listed
  • A policy condition you violated
  • An exclusion that would otherwise apply

What it doesn't do

Common beliefReality
"It's extra coverage for me."It protects the injured public, not the carrier.
"It covers my truck or cargo."It applies only to public liability, not physical damage or cargo.
"It means the insurer can't deny anything."The insurer can pay under the MCS-90 and then seek reimbursement from you.
"It raises my limit."It applies up to the federal minimum required for your operation.

The reimbursement clause

This is the part that surprises carriers. The MCS-90 says that if the insurer pays a claim it would not have owed under the policy, the motor carrier must reimburse the insurer. In practice, that means an unscheduled truck or unlisted driver could leave you personally owing the insurer for a large claim. The lesson: keep your schedules accurate and your drivers listed.

Who needs the MCS-90

Generally, for-hire motor carriers operating in interstate commerce with vehicles over 10,000 lbs GVWR, and carriers of certain hazardous materials, are subject to the financial responsibility rules that require it. The required minimums depend on what you haul:

Federal minimum liability for for-hire carriers

Interstate carriers of property, vehicles of 10,001 lbs GVWR or more

General freight$750,000
Oil (listed in the rule)$1,000,000
Other hazardous materials$1,000,000
Certain hazmat (e.g. explosives, bulk)$5,000,000
Source: FMCSA, 49 CFR 387.9. These are legal minimums. Most brokers and shippers ask for more.

See FMCSA insurance requirements for the full breakdown.

Do I need to carry a copy?

Federal rules require motor carriers to keep proof of financial responsibility (like the MCS-90 or a copy of it) at their principal place of business. Many carriers also keep a copy in each truck so it's available if asked. Ask your agent for a copy when your policy is issued.

The MCS-90 and leased-on drivers

If you're leased on, the motor carrier's policy carries the MCS-90 for operations under its authority. Your non-trucking liability policy is a different product and typically isn't the policy that carries the MCS-90.

How to protect yourself

  1. Report every new truck and driver to your agent before they go on the road
  2. Read your policy's driver and vehicle schedule at every renewal
  3. Don't haul commodities your policy excludes
  4. Keep a copy of the MCS-90 with your records

Questions truckers ask

What is the MCS-90 endorsement?

A federally required endorsement on a for-hire carrier's liability policy that guarantees payment to the injured public up to the federal minimum, even if the policy wouldn't otherwise apply.

Does the MCS-90 cover my truck or cargo?

No. It only applies to public liability for injuries and damage to others.

Do I have to repay my insurer under the MCS-90?

If the insurer pays a claim it only owed because of the MCS-90, the carrier must reimburse the insurer.

Is the MCS-90 the same as the BMC-91X?

No. The MCS-90 is an endorsement on your policy. The BMC-91X is the filing your insurer makes with FMCSA to prove you have the required coverage.

Written by the FairlyCover Editorial Team. This guide explains how coverage generally works. It isn't legal or insurance advice, and your policy wording always decides what's covered. How we write and review content.

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