Most people outside of the insurance and commercial trucking industries are unfamiliar with MCS 90. However, MCS 90 could be an important factor in your personal injury claim if you were involved in a truck accident. Without it, you might be unable to collect insurance proceeds for your injuries and other damages.
MCS 90 and Commercial Truck Insurance
All commercial trucks must be covered by liability insurance. The truck’s owner must register the insurance policy with the Federal Motor Carrier Safety Administration (FMCSA).
MCS 90 is an endorsement for motor carrier insurance policies. Insurance policies must contain this endorsement when trucks operate across state lines. If you are in an accident involving a semi-truck, 18-wheeler, tractor-trailer, or other commercial truck, the MCS 90 endorsement could be crucial.
Liability insurance policies compensate accident victims for injuries and damages sustained in an accident. Unfortunately, insurance policies have exclusions. Therefore, the policy might not cover the truck accident, which would mean you could not receive compensation from the insurance company.
However, if the insurance policy contains an MCS 90 endorsement, you might recover money for a claim under the endorsement. MCS 90 compensates truck accident victims for damages if the cause of the crash is excluded from the liability policy. The insurance company seeks reimbursement from the trucking company for the money it pays to the accident victim under an MCS 90 endorsement.
When Does an MCS 90 Endorsement Pay Damages for a Truck Accident?
Before you can recover compensation for a truck accident under an MCS 90 endorsement, you must prove:
- The truck operates in multiple states
- The primary insurance policy excludes the cause of the accident
- You do not work for the trucking company as either an employee or independent contractor
- The trucking company is responsible for the cause of the truck crash
- The truck accident caused your injuries
- You do not have another source of compensation for your injuries and damages
Liability for damages is capped at the policy limits of the MCS 90 endorsement. The endorsement does not need to be in the same amount as the primary liability coverage.
However, there are minimum coverage requirements for MCS 90 endorsements:
- $750,000 when transporting non-hazardous loads
- $1 million when transporting hazardous substances
- $5 million when carrying specific hazardous substances
- $5 million for small trucks transporting hazardous substances
Your Bronx truck accident lawyer will verify insurance coverage as part of the accident investigation. Even though a trucking company might have an MCS 90 endorsement, you have to prove that the trucking company is liable for the truck accident before you can recover compensation for damages.
Therefore, hiring an attorney with experience handling commercial truck accidents is important. A lawyer has the resources and expertise to investigate the truck collision to gather evidence proving fault and liability. In addition, an attorney can retain accident reconstructionists, engineers, trucking industry experts, and other expert witnesses to assist with the investigation, as necessary.
What Should I Do After a Bronx Truck Accident?
A truck accident can cause catastrophic injuries. Common truck accident injuries include traumatic brain injuries, spinal cord injuries, amputations, paralysis, broken bones, and internal injuries. Many truck accident victims sustain permanent impairments due to their injuries.
Steps to take after a truck accident include:
- Call 911 for police and emergency medical services
- Continue medical treatment according to your treatment plan
- Document your injuries with photographs and videos
- Contact a Bronx truck accident attorney as soon as possible
- Keep detailed records of your damages, including medical expenses, loss of income, and other costs
- Do not speak with insurance adjusters and investigators until after talking with a lawyer
The steps you take after a wreck can significantly impact the success of your truck accident case. Therefore, speaking to a personal injury lawyer is recommended to ensure that you do everything necessary to maximize your compensation.
What Damages Are Available to NY Truck Accident Victims?
The damages you can recover for a truck accident claim include your monetary losses or economic damages. You can also receive compensation for your “pain and suffering” or non-economic damages.
Examples of damages recoverable for an injury claim include:
- Medical bills
- Out-of-pocket expenses
- Mental anguish
- Physical pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Lost wages and benefits
- Impairments, disfigurements, disability, and scarring
- Decrease in quality of life
- Personal care and household help
- Diminished earning capacity
The amount you receive in a truck accident case depends on several factors. The severity of your injuries is a significant factor. Catastrophic injuries and permanent impairments increase the value of a claim.
However, the strength of your evidence, insurance coverage, and the parties involved in the case could impact how much money you receive for damages.
The trucking company and its insurance provider will try to limit liability for the claim. They have unlimited resources to investigate the crash and fight your claim. Therefore, it is in a victim’s best interest to seek legal advice as soon as possible.
Contact Our Truck Accident Law Firm in Bronx, NY
If you need legal assistance, contact the Bronx truck accident lawyers at Oresky & Associates, PLLC at your nearest location to schedule a free consultation.
We have two convenient locations in New York:
Oresky & Associates, PLLC – Bronx Office
149 E 149th St
Bronx, NY 10451
(718) 993-9999
Oresky & Associates, PLLC – Queens Office
104-09 Roosevelt Ave
Queens, NY 11368
(347) 507-3884
