What Is the MCS-90 Endorsement? Trucking Insurance, Plainly
The MCS-90 is the federal form that guarantees a trucking company can pay injury claims. Who needs it, the minimums, how it works, and how to look a carrier up.
How this guide was checked
This guide was written from the sources listed below, and Atif M., Arhox's editor, is responsible for it and corrects errors readers report. A dated line-by-line check against those sources is recorded here once the editor has completed one.
Drafting is assisted by AI tools. It has not been reviewed by an attorney or a licensed insurance professional. Read our editorial standards, or report a problem.
Sources (4)
- 49 CFR 387.7law.cornell.edu · 387.7
- 49 CFR 387.9law.cornell.edu · 387.9
- SAFER Company Snapshotsafer.fmcsa.dot.gov · CompanySnapshot
- Licensing and Insurance public siteli-public.fmcsa.dot.gov
In this guide
The MCS-90 is a federal endorsement attached to a trucking company’s liability insurance policy. It guarantees that injured members of the public can be paid up to a federal minimum, even when the policy itself would otherwise refuse to cover the crash. Interstate for-hire carriers must have it, or an approved alternative, before they operate, under 49 CFR 387.7.
The short version:
- It is proof that a trucking company meets federal minimum insurance levels: $750,000 for most freight, more for oil and hazardous materials.
- It protects the public, not the trucking company. The insurer pays a judgment first and can then seek the money back from the carrier.
- It applies to injuries and property damage caused to others, not to the driver, the truck, or the cargo.
- After a crash, it is one reason a trucking claim can be worth far more than a car claim: there is a guaranteed source of money behind it.
This is general information, not legal or insurance advice. How courts apply the MCS-90 varies, and the details below are simplified.
Who needs an MCS-90
The federal minimums in 49 CFR 387.9 apply to these motor carriers:
| Carrier and vehicle | What it carries | Federal minimum |
|---|---|---|
| For-hire, interstate or foreign commerce, 10,001 lb GVWR or more | Nonhazardous property | $750,000 |
| For-hire or private, interstate or foreign commerce (or intrastate in bulk), 10,001 lb or more | Oil, and hazardous materials not in the $5 million class | $1,000,000 |
| For-hire or private, 10,001 lb or more | Certain hazardous materials in bulk, and highway route controlled quantities of radioactive material | $5,000,000 |
| For-hire or private, interstate, under 10,001 lb | Certain hazardous materials in bulk | $5,000,000 |
GVWR is the gross vehicle weight rating, the maximum loaded weight the manufacturer rates the vehicle for. It is printed on a label inside the driver’s door.
Trucks that never cross a state line are governed by their state’s insurance rules, which are often lower.
Three ways to prove coverage
Under 49 CFR 387.7, a carrier can show it meets the minimum with:
- Form MCS-90, an endorsement issued by an insurer and attached to the carrier’s liability policy. This is by far the most common.
- Form MCS-82, a surety bond.
- Self-insurance, authorised by the Federal Motor Carrier Safety Administration (FMCSA) for large carriers with a satisfactory safety rating.
The policy or bond must stay in force continuously. Either the insurer or the carrier can cancel it, but only with 35 days’ written notice.
How the MCS-90 works
An ordinary insurance policy has exclusions. It might not cover a truck that is missing from the policy schedule, a driver the carrier never listed, or a crash that happened while the carrier was in breach of the policy terms. Without more, an injured person could win a judgment against a trucking company and find there was no insurance to pay it.
The MCS-90 closes that gap. In broad terms, the insurer agrees to pay a final judgment against the carrier for public liability arising from negligent operation of its vehicles, up to the federal minimum, whether or not the specific truck is listed on the policy, and even if a policy exclusion would otherwise apply. The carrier, in turn, agrees to reimburse the insurer for anything it pays that the policy would not have covered.
Federal courts have described the insurer’s role under the endorsement as that of a surety for the public, rather than a change to the policy itself. Many courts treat it as a backstop that comes into play only when the ordinary policy, or other insurance, does not pay; courts do not all agree on exactly when it is triggered.
What it does not cover
- The truck driver’s own injuries, or injuries to the carrier’s employees, which are normally a workers’ compensation matter.
- Cargo. Damage to the freight is a separate cargo insurance question.
- Amounts above the minimum. The endorsement guarantees the federal floor. Many carriers buy higher limits, but that extra coverage comes from the policy, with its usual terms and exclusions.
Why it matters after a truck crash
If you were hurt by a commercial truck, the MCS-90 tells you three useful things.
- There should be insurance. An interstate for-hire carrier operating legally must have at least the federal minimum behind it.
- A policy defence may not end the claim. If the insurer says the truck or driver was not covered, the endorsement can still require it to pay the judgment, up to the minimum.
- The carrier is a target, not just the driver. Trucking claims usually name the company as well as the driver; see who is liable in a truck accident.
The endorsement does not make a claim automatic. You still have to prove negligence, and the endorsement generally responds to a final judgment, not to a demand letter. That is one reason evidence matters early: send a spoliation letter so the carrier keeps its logs, and check the driver’s hours of service records.
How to look up a trucking company’s insurance
Every interstate carrier has a USDOT number, which is usually painted on the cab door. With it:
- Search the carrier on FMCSA’s SAFER Company Snapshot to confirm its legal name, operating status, and whether it is authorised for hire.
- Open FMCSA’s Licensing and Insurance public site and search the same USDOT or MC number. It lists the insurance or bond on file, the insurer’s name, and the policy number for active and past filings.
- Write down the insurer and policy number. A claim, or a lawyer, will need both.
Photograph the cab door and trailer at the scene if you can; the numbers are the fastest way to identify the right company.
Frequently asked questions
Is the MCS-90 the same as the trucking company’s insurance policy?
No. It is an endorsement attached to the policy. The policy is the contract between insurer and carrier; the endorsement is a promise to the public that a minimum amount will be available to pay judgments.
Does the MCS-90 cover a truck that was not listed on the policy?
Generally yes, up to the federal minimum, for a carrier subject to the federal rules. That is one of its main purposes. The insurer can then seek reimbursement from the carrier.
How much does an MCS-90 guarantee?
At least $750,000 for a for-hire interstate carrier of general freight in a vehicle of 10,001 pounds or more, and $1 million or $5 million for oil and hazardous materials, under 49 CFR 387.9.
Does the MCS-90 apply to intrastate trucks?
Usually not. Trucks that operate only within one state follow that state’s financial responsibility rules, except for some hazardous materials loads, which the federal rule covers even intrastate.
Can an injured person sue the insurer directly under the MCS-90?
Typically only after winning a final judgment against the carrier that goes unpaid. How and where that can be done depends on the court.
Where to go from here
If a commercial truck hit you, start with what to do after a truck accident, then read how to choose a truck accident lawyer, since MCS-90 disputes are one of the issues a specialist will know. Browse all the injury claim guides. Arhox is an independent publication, not an insurer, broker, or law firm; our editorial policy and disclaimer explain how these guides are prepared.
This is general information, not legal advice. Rules vary by state and by situation; a licensed attorney or insurance professional can speak to yours. Read the full disclaimer.