Truckers, you’ve probably heard of MCS90 and BMC91X—but what are they?
Basically, these requirements are there to protect the public in case a motor carrier causes damage.
Sounds great for the public, right? But not so much for the motor carrier, the driver, the broker or even the customer.
Why? Let’s break down what’s included—and what’s not—when it comes to MCS90–91X.
What is MCS90 and BMC91X?
The MCS90 is a required endorsement that modifies your trucking insurance policy.
The BMC-91X form is the certificate of liability that proves you have the MCS90 endorsement on your policy.
You’ll probably hear people just call it your MCS90-91X requirement.
Think of this requirement like a bond, a promise to protect the public.
Who Requires the MCS90-91X?
The Federal Motor Carrier Safety Administration which oversees the U.S. Department of Transportation.
FMCSA requires commercial truckers to carry minimum limits of insurance in order to haul freight for hire across state lines.
First you buy your truck insurance policy with the MCS90 endorsement.
Then your insurance company sends your proof of insurance certificate, the 91X, to the FMCSA electronically.
Proof of that minimum insurance is then posted for your company on the public FMCSA Licensing and Insurance page.
What are FMCSA’s minimum insurance limit rules?
If you’re driving a truck over 10,001 GVW and hauling non-hazardous freight across state lines, the FMCSA insurance requirements mandate at least $750,000 in Commercial Auto Liability coverage.
If you’re driving a Dually pulling a trailer over 10,001 GVW, you’ll need Hot Shot insurance with at least $750,000 coverage.
Even if you’re hauling non-hazardous freight for hire across state lines with a commercial van under 10,001 GVW, you’ll need cargo van & sprinter insurance with a minimum requirement of $300,000.
When does the MCS90-91X come into play?
Only when there is NO coverage on the Motor Carrier’s insurance policy.
The MCS90-91X promise is triggered once coverage is denied by the insurance provider, and there is a court judgment in favor of the injured plaintiff against the Motor Carrier.
The most common reason for no coverage on a trucker’s policy is when a hidden vehicle gets involved—so let’s use that as our example:
What if the Motor Carrier Forgot to Add a Truck to the Policy–and the Driver Causes an Accident Injuring a Pedestrian?
First the insurance company denies coverage because the Motor Carrier didn’t buy insurance for the truck.
The injured person still needs compensation.
So, the pedestrian ends up suing the Motor Carrier.
The courts determine that the Motor Carrier should have bought coverage on the truck, but didn’t.
Since there was no insurance purchase there is no insurance coverage for the claim.
The courts then rule in the pedestrian’s favor which triggers the MCS90–91X promise to protect the public.
That’s when the insurance company is required to pay the court judgment to the plaintiff.
How Much Can the Injured Pedestrian Collect?
After the court judgement in favor of the plaintiff, the MCS90–91X kicks in:
- Up to $750,000 for trucks or truck combos over 10,001 GVW.
- Up to $300,000 for a commercial van under 10,001 GVW.
Even if the motor carrier has $1,000,000 coverage on other trucks, the MCS90–91X will only pay up to these minimum limits.
Who’s Not Covered by the MCS90–91X?
- The Motor Carrier
- The Driver
- The Broker
- The Customer
The purpose of the endorsement is to protect the injured party–the public–in the event of an uninsured accident.
The MCS90–91X only requires payment to the pedestrian because the courts deemed they were the injured plaintiff.
The uninsured accident did not harm the motor carrier, driver, broker or customer.
What Else isn’t Covered?
Defense Costs.
The MCS90–91X does not provide defense costs for any party involved in the accident.
Unlike what would’ve happened if the Motor Carrier had insurance on the truck…
When a Motor Carrier DOES have coverage in place, the insurance company provides defense for the Motor Carrier, the Driver, the Broker and the Customer–up to the policy limits purchased.
A properly structured insurance policy covers all these entities, so they’re protected.
But without coverage on the missing truck, each party would have to handle their own defense if needed.
When a case goes to judgment, all entities named in the suit are impacted.
But the MCS90–91X only requires the insurance company to handle the judgment against the Motor Carrier and no one else.
So What Happens After the Insurance Company Pays the Pedestrian?
Well, here’s the contract you sign when you buy your Commercial Truck Insurance:
“The (Motor Carrier) Insured agrees to reimburse the (Insurance)company for any payment made by the (Insurance)company on account of any accident, claim, or suit involving a breach of the terms of the policy, and for any payment that the (Insurance) company would not have been obligated to make under the provisions of the policy except for the agreement contained in this endorsement.
It is further understood and agreed that, upon failure of the (Insurance)company to pay any final judgment recovered against the (Motor Carrier) Insured as provided herein, the judgment creditor may maintain an action in any court of competent jurisdiction against the (Motor Carrier) company to compel such payment.”
Understand that as the Motor Carrier, you’re making a promise of honesty to the insurance company, and in return, they’re making a promise to the public with the MCS90-91X.
When a breach of honesty occurs, the insurance company will circle back and attempt to collect from the Motor Carrier–subrogation begins that could follow the Motor Carrier for years.
Why does FMCSA Insurance and Licensing show lower limits than what I bought?
This is one of the most common questions from new Motor Carriers.
Some insurance companies will only post what’s required by the MCS90–91X.
So even though you actually bought and are insured for $1,000,000, the FMCSA Insurance and Licensing page shows $750,000 or $300,000.
They’re only required to post the minimum limits, so that’s what some of them do. Don’t overthink it:)
Rest assured, if you have listed all of your vehicles on your policy and have purchased $1,000,000, that is your actual insurance coverage.
What’s with the 35 Day Notice of Cancellation on a Motor Carrier Insurance Policy?
Because the MCS90–91X acts like a safety net to protect the public, time is required to keep that public informed.
That’s why FMCSA requires insurance companies to give them a 35-day notice of cancellation.
The reasoning is that this gives both brokers and customers plenty of warning—visible on the FMCSA public forum—when insurance is about to run out.
If someone stops making payments and their insurance gets canceled, it’ll show as pending cancellation for 35 days.
During that time, the MCS90-91X still applies, but the Motor Carrier will still be charged for the insurance during those 35 days.
For the most accurate coverage limits and dates, it’s always best to get real time Certificates of Liability from the Motor Carrier’s insurance agent.
Getting Started with Your Own DOT Authority
New to the game and not sure where to start? No worries—we’re here with free help.
Check out our step-by-step guide, How to Get a Motor Carrier Authority.
It’s a cheat sheet for beginners, giving you straightforward advice on what to do first when you’re thinking of getting your own DOT authority.
You also just give us a call at CIS! (330) 864-1511
With over 30 years of experience and consistent 5-Star Reviews, we’ve helped tons of new truckers like you get started on the right foot.
You can also start a Commercial Truck Insurance Quote online, and we’ll circle around to help you from there.