The MCS-90 endorsement: what it guarantees, and what it does not do for you
The MCS-90 endorsement is a federal form attached to a motor carrier's liability policy. It makes the insurer pay final judgments to injured members of the public, up to the federal minimum, even when the policy itself would not. It is a guarantee to the public, not extra coverage for the carrier: if the insurer pays only because of the MCS-90, the carrier agrees to pay it back.
Contents
The short version
- Required by 49 CFR 387.15 for for-hire and interstate motor carriers subject to the federal financial responsibility rules.
- Attached to the policy, not issued per truck, and issued in the exact name of the carrier.
- Covers bodily injury, property damage and environmental restoration owed to the public. Excludes your employees and the cargo.
- The reimbursement clause means a gap in your policy can still become your debt.
What is the MCS-90?
FMCSA's full title for the form is "Endorsement for Motor Carrier Policies of Insurance for Public Liability under Sections 29 and 30 of the Motor Carrier Act of 1980". The agency's MCS-90 form page says it "is an insurance endorsement required by federal regulation under 49 CFR § 387.15 and mandated by Sections 29 and 30 of the Motor Carrier Act of 1980 (49 U.S.C. § 13906)."
Three practical facts follow from the rules:
- It rides on a policy. FMCSA says the MCS-90 "is not issued for individual vehicles. Instead, it is attached to the motor carrier's liability insurance policy and applies to all vehicles operated under that policy which are subject to the federal financial responsibility requirements."
- The name must be exact. 49 CFR 387.15 requires the endorsement to be in the form FMCSA prescribes and "issued in the exact name of the motor carrier."
- You keep it on file. The endorsement (or an MCS-82 surety bond, or an FMCSA self-insurance authorization) is the proof of financial responsibility kept at your principal place of business, and it is public information.
Who needs one?
FMCSA's filing chart lists the MCS-90 (or the MCS-82 for surety bonds) for "All For-Hire and Interstate Motor Carriers". In practice that means:
- Your own authority: your liability policy carries it, alongside the BMC-91 or BMC-91X your insurer files with FMCSA. Getting both in place is part of starting a new authority.
- Leased onto a carrier: the carrier's policy carries it. Your bobtail, non-trucking or physical damage policy does not. See insurance on a lease.
- Hazmat carriers: the financial responsibility rule also covers private carriers of certain hazardous materials, at $1,000,000 or $5,000,000.
The limit behind the endorsement is your federal tier, from $750,000 for general freight in a truck of 10,001 lb or more up to $5,000,000. The full table is on our motor carrier insurance requirements page.
What does the insurer promise?
The form text is short and blunt. In it, the insurer agrees to pay, "within the limits of liability described herein, any final judgment recovered against the insured for public liability resulting from negligence in the operation, maintenance or use of motor vehicles", "regardless of whether or not each motor vehicle is specifically described in the policy".
It also says that no condition or limitation in the policy "shall relieve the company from liability or from the payment of any final judgment", "irrespective of the financial condition, insolvency or bankruptcy of the insured." Public liability is defined as "liability for bodily injury, property damage, and environmental restoration."
Read together, the promise is to the injured public: if a judgment is entered against the carrier for an accident involving its trucks, the person who won it can be paid up to the required minimum, even if the policy has an exclusion that would otherwise apply.
What does it not cover?
| Not covered | Where that comes from | What covers it instead |
|---|---|---|
| Injury or death of the carrier's employees in the course of employment | Exclusion in the form | Workers' compensation for employees; occupational accident insurance for contractors outside it |
| Property transported by the carrier, designated as cargo | Exclusion in the form | Motor truck cargo insurance |
| Damage to your own truck | The form covers public liability only | Physical damage insurance |
| Judgments against parties other than the named carrier | FMCSA guidance, 2005 | Their own insurance |
| Amounts above the federal minimum | The limits stated in the endorsement | Your policy's own limit, and any excess layer |
On the fourth row: in regulatory guidance published in the Federal Register on October 5, 2005, FMCSA said "insured" on the MCS-90 means "the motor carrier named in the policy of insurance, surety bond, endorsement, or notice of cancellation, and also the fiduciary of such motor carrier", and that the forms are not intended to require an insurer to satisfy a judgment against anyone else.
The reimbursement clause: why it is not your coverage
This clause is easy to overlook, and it matters most to a one-truck carrier. The form keeps every term of the policy "in full force and effect as binding between the insured and the company", and then says: "The insured agrees to reimburse the company for any payment made by the company on account of any accident, claim, or suit involving a breach of the terms of the policy, and for any payment that the company would not have been obligated to make under the provisions of the policy except for the agreement contained in this endorsement."
A hypothetical case, not a real claim. A one-truck carrier buys a second-hand tractor and drives it for a week before adding it to the policy. The policy covers only listed vehicles, and the unlisted tractor causes a crash. The MCS-90 says the insurer pays the judgment "regardless of whether or not each motor vehicle is specifically described in the policy", so the injured driver can be paid up to the minimum. But that is a payment the insurer "would not have been obligated to make" under the policy, so the carrier owes it back. How a court applies the endorsement in a real case depends on the facts and the jurisdiction.
The lesson is simple: the MCS-90 protects the people you might hurt, not your bank account. The way to protect yourself is a policy that actually covers how you operate.
Common misconceptions
- "The MCS-90 is my liability insurance." It is an endorsement on that insurance. Without a policy, there is no MCS-90.
- "It means everything is covered." It guarantees payment of public liability judgments up to the minimum, then gives the insurer a right to be repaid where the policy would not have paid.
- "I need one for each truck." FMCSA says it is not issued for individual vehicles.
- "It covers my cargo claim." Cargo is expressly excluded.
- "It covers my injuries as the driver." It pays liability owed to the public, and it excludes the carrier's own employees. Your own injuries need their own coverage.
What to check on your own policy
- The name. The carrier name on the endorsement must match your FMCSA registration exactly.
- The limit. It should match your 387.9 tier, and your policy limit should meet your contracts. Our trucking liability insurance page explains why many operators carry more than the minimum.
- The copy. Keep a copy of the endorsement at your principal place of business, as 387.7 requires.
- The vehicle and driver lists. Keep your policy up to date. The MCS-90 does not make a gap disappear; it turns it into a reimbursement claim against you.
To see which coverage lines your operation needs around the MCS-90, use the coverage planner on our home page.
Sources
- Form MCS-90, Endorsement for Motor Carrier Policies of Insurance for Public Liability, FMCSA (page last updated November 25, 2025), consulted October 20, 2026. Form text (OMB No. 2126-0008, expiration 06/30/2027) read from the Internet Archive copy of FMCSA's PDF captured November 1, 2025.
- 49 CFR 387.15, Forms, eCFR, consulted October 20, 2026.
- Regulatory guidance on Forms MCS-90 and MCS-82, 70 FR, October 5, 2005, FMCSA via GovInfo, consulted October 20, 2026.
FAQ
Is the MCS-90 the same as my FMCSA filing?
No. The filing (Form BMC-91 or BMC-91X) is what your insurer sends to FMCSA as proof of coverage. The MCS-90 is the endorsement attached to your policy itself. You need both as a for-hire interstate carrier, and both should show your exact legal name.
Can I buy an MCS-90 on its own?
No. FMCSA describes it as an endorsement attached to the motor carrier's liability insurance policy. It does not exist without the underlying policy. A carrier using a surety bond instead of insurance uses Form MCS-82.
Is the MCS-90 public?
Yes. Under 49 CFR 387.7, the proof of financial responsibility, which is the MCS-90, MCS-82 or a self-insurance authorization, is kept at the carrier's principal place of business and is public information.
Does the MCS-90 cover a driver I hired for one trip?
The endorsement covers public liability from the operation of motor vehicles by the named carrier, and FMCSA's 2005 guidance says the insured is the carrier named in the endorsement (or its fiduciary). Injuries to your own employees are excluded. Whether the underlying policy covers that driver is a separate question to put to your insurer.
Related
- RequirementsMotor carrier insurance requirements: the full 49 CFR 387.9 table, limits for authorized carriers, FMCSA filings, the MCS-90 and TX, CA and FL rules.
- LiabilityTrucking liability insurance explained for one truck: what primary liability pays, the $750,000 federal minimum, CSL vs split limits, MCS-90 and excess.
- New authorityNew authority truck insurance step by step: the FMCSA filing your insurer must make, the 20-day deadline, the limits that apply and how to prepare your file.
Updated October 20, 2026