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By Russell Johnson
208.376.5256
The MCS-90 endorsement requires a commercial trucking insurer to pay any final judgment against the carrier, even when they would otherwise deny the claim on a technicality.

You’re recovering from serious injuries while the bills pile up. You know the trucking company carries a large insurance policy, maybe hundreds of thousands of dollars in coverage. So why isn’t your claim moving? Commercial trucking insurance is structured to protect carriers, not claimants. It involves coverage minimums set by federal law that dwarf what personal auto policies require, multiple layers of coverage with multiple insurers, and built-in opportunities for those insurers to dispute each other while you wait. If you’ve been seriously hurt in Idaho, a Meridian truck accident attorney can help you understand what you’re actually dealing with.

Why Commercial Truck Policies Start Where Personal Auto Policies End

When a passenger car driver causes an accident in Idaho, the minimum their insurance must cover starts at $25,000 per injured person, the floor set by Idaho’s bodily injury liability minimums. In serious crashes, that figure can vanish in the first week of treatment.

Commercial trucks operate under a completely different standard. Federal regulations require for-hire carriers hauling everyday cargo to carry at least $750,000 in liability coverage per the federal minimum coverage schedule for commercial motor vehicles. That is 30 times the personal auto minimum. Trucks carrying hazardous materials must carry $1 million to $5 million, depending on what they haul.

Commercial vehicle fatal crashes in Idaho jumped 70% from 2022 to 2023, with more than 1,000 people injured in CMV crashes in 2023. Higher minimums are designed to account for that level of damage. They don’t make the path to compensation any clearer.

The Layers of Coverage That Can Work Against You

Personal auto insurance is one policy from one carrier. A commercial truck accident claim can involve several separate policies maintained by different insurers, each with its own terms, exclusions, and coverage triggers.

Common coverage layers include:

  • Primary liability covers bodily injury and property damage when the driver is operating under dispatch. this is the main policy most people think about
  • Excess or umbrella liability activates once primary limits are exhausted; large carriers often carry $1 million or more in additional excess coverage above the primary policy
  • Non-trucking liability covers the driver during personal or off-duty use and typically does not apply when the driver is hauling a load
  • Cargo insurance covers the freight itself; it rarely affects injury claims directly but can introduce additional insurers into the dispute

Determining which policy applies and in what order is not automatic. Each insurer protects its own policy terms, and coverage disputes can stretch on for months. Your medical bills don’t adjust to that schedule. Johnson & Lundgreen has handled Boise truck accident claims with complex layered coverage and has the financial resources to litigate cases that reach policy limits.

What the MCS-90 Endorsement Means for Injured Victims

Federal law requires for-hire interstate motor carriers, and carriers transporting hazardous materials, to attach an MCS-90 endorsement to their liability policy. Most people hurt in truck accidents have never heard of it. It is one of the most important federal protections in a serious truck accident claim.

The MCS-90 works as a backstop for injured victims. When a trucking company’s insurer would otherwise deny coverage based on a policy exclusion, the MCS-90 overrides that defense. It requires the insurer to pay any final judgment against the carrier regardless of policy terms, vehicle listing, or crash location.

After paying, the insurer can seek reimbursement from the trucking company. But the injured person collects first. No equivalent protection exists in any personal auto insurance policy. When an insurer reaches for a policy technicality, the MCS-90 is the federal mechanism designed to stop it.

When Insurers Fight Each Other And You’re Caught Between Them

In commercial truck accident cases involving multiple coverage layers, disputes between insurers are common. Each carrier has a legal team protecting its own financial exposure. Points of contention typically include:

  • Whether the driver was operating under dispatch at the time of the accident, which determines which policy applies
  • Whether primary or excess coverage is responsible for a given portion of the damages
  • Whether a specific policy exclusion applies to the facts of the crash
  • Whether the MCS-90 surety obligation has been properly triggered

These disputes unfold on the insurers’ timeline, not yours. Your treatment continues, your income is interrupted, and Idaho’s statute of limitations keeps running throughout. Attorneys who regularly handle Idaho truck accident cases know how to force coverage disputes toward resolution, invoke the MCS-90 when appropriate, and keep a stalled claim moving forward.

Talk to a Truck Accident Attorney Before the Insurers Get Too Far Ahead

Commercial truck insurance is built for carriers, not claimants, and insurer defense teams begin preparing the moment a crash is reported. If you or a family member has been seriously hurt in a truck accident in Idaho, Meridian truck accident attorneys at Johnson & Lundgreen offer free case evaluations with no obligation. You pay nothing unless we recover for you. Contact us for a free case evaluation.

About the Author
Russ earned a Bachelor of Arts degree from Utah State University in 1990, followed by a Juris Doctor from the J. Reuben Clark Law School at BYU in 1993. He was admitted to the Idaho Bar that same year and the Utah Bar in 1995. With over 25 years of experience in injury law, Russ co-founded Johnson and Lundgreen in 1998. Recognized as a Civil Trial Specialist by the Idaho Trial Lawyers Association, Russ is part of an elite group of fewer than ten attorneys in Idaho who have achieved this designation. The honor requires meeting stringent criteria, including completing a specific number of jury trials, earning recommendations from judges and peers, and passing a challenging written examination. Russ and his wife, Rhonda, raised five children and his niece. He values family time, often coaching and attending his children’s activities. An avid outdoorsman, Russ enjoys hunting, fishing, and working with his horses.