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What the MCS-90 endorsement does after a truck crash, federal and Kentucky truck insurance minimums, and what happens when the insurer denies coverage.
Reviewed by Larry Forman, Attorney
When a commercial truck injures someone, the trucking company's insurer sometimes says the policy doesn't cover the crash: the truck wasn't listed, the driver wasn't approved, or the premium wasn't paid. Federal law has a backstop for many of those situations, a federal form called the MCS-90 endorsement. It doesn't pay in every case, and it isn't a bonus layer of coverage, but it can be the difference between collecting and not collecting.
This guide explains federal and Kentucky truck insurance minimums, what the MCS-90 endorsement does, when it applies and how insurance is found after a Kentucky truck crash.
Federal rules set minimum "financial responsibility" for interstate for-hire trucking companies, and for companies hauling hazardous materials (49 CFR 387.3, 387.9). For vehicles with a gross vehicle weight rating of 10,001 pounds or more:
| What the truck hauls | Federal minimum |
|---|---|
| General freight (non-hazardous), for-hire, interstate | $750,000 |
| Oil and many hazardous materials | $1,000,000 |
| Certain bulk hazardous materials, explosives and radioactive cargo | $5,000,000 |
Bus companies have their own minimums: $5,000,000 for vehicles that seat 16 or more and $1,500,000 for 15 or fewer (49 CFR 387.33). See our bus wreck page.
These are floors. Many carriers buy more, and there may be separate policies for the trailer owner, a parent company or an umbrella layer. A company hauling its own non-hazardous goods (a "private carrier") isn't covered by this federal table, though it still has to meet state insurance laws.
Trucks that operate only inside Kentucky under a Kentucky certificate or permit follow state minimums in KRS 281.655:
| Kentucky-only property carrier | Per person | Per accident | Property damage |
|---|---|---|---|
| More than 18,000 lbs. | $100,000 | $600,000 | $50,000 |
| 18,000 lbs. or less | $100,000 | $300,000 | $50,000 |
| Hazardous materials | $1,000,000 combined single limit |
For a serious injury, $100,000 per person may not go far. That's one reason to look for every policy and every responsible company.
Most interstate trucking companies prove their financial responsibility by having their insurer attach a federal form, the MCS-90, to their liability policy (49 CFR 387.7, 387.15). Its wording is set by federal regulation and can't be changed by the insurer.
In it, the insurer agrees to pay a final judgment against the trucking company for negligence in operating its trucks "regardless of whether or not each motor vehicle is specifically described in the policy." It also says no condition or limitation in the policy relieves the insurer of that payment, "irrespective of the financial condition, insolvency or bankruptcy of the insured."
The same form also says the trucking company must reimburse the insurer for any payment the insurer "would not have been obligated to make" except for the endorsement. That's why courts treat the MCS-90 as a backstop, not ordinary insurance.
Most federal appeals courts treat the MCS-90 as a surety: a safety net for the injured public. In the leading en banc decision, the Tenth Circuit held that it applies only when:
"Once the federally-mandated minimums have been satisfied," the court said, "the endorsement does not apply" (Carolina Casualty Ins. Co. v. Yeates, 584 F.3d 868 (10th Cir. 2009) (en banc)). The court cited the Sixth Circuit, the federal appeals court that covers Kentucky, as following the same approach (Kline v. Gulf Ins. Co., 466 F.3d 450 (6th Cir. 2006)).
In practice, the MCS-90 matters most when:
The MCS-90 usually won't add money on top of a policy that already covers the crash at or above the minimum. It also generally pays only after a final judgment against the trucking company, so a lawsuit is often necessary.
A denial letter from a trucking insurer isn't the end of the analysis. Questions to ask include:
FMCSA's Licensing and Insurance site shows a carrier's insurance filings, cancellations and authority history. See our guide to FMCSA safety records for how to look a carrier up.
When a crash causes catastrophic injuries or a death, even $750,000 may not be enough. Other sources can include:
Expect the insurer to move quickly, often with a recorded-statement request in the first days. See our guide to insurance adjuster tactics.
We identify every company involved in the load, pull their federal insurance filings, request every policy and endorsement in discovery, and push back on coverage denials. We prepare every truck case for trial. Larry Forman has tried 50+ jury trials and won 95% of them. Learn more about Larry Forman, see our case results (past results don't guarantee a similar outcome), or visit our truck wreck page.
A federal form attached to a trucking company's liability policy. It promises payment of a final judgment for the carrier's negligence, up to the federal minimum, even if the policy itself wouldn't cover the crash.
Usually not. Courts generally treat it as a safety net that applies only when other coverage is missing or below the federal minimum.
At least $750,000 for interstate for-hire carriers hauling general freight in trucks of 10,001 pounds or more, and $1 million or $5 million for many hazardous loads. Kentucky-only carriers follow lower state minimums.
Don't assume that's final. The MCS-90, other policies, a lease or another responsible company may provide coverage. Have a lawyer review the denial.
Generally not to vehicles under 10,001 pounds unless they carry certain hazardous materials. See our delivery vehicle crash and commercial vehicle pages.
Generally yes. The endorsement is written around a "final judgment," so a lawsuit is often required.
Coverage fights take time, and the filing deadline doesn't pause for them. See our statute of limitations guide, then get a free case evaluation or call (502) 931-6788. No fee unless we win. Our office is at 1139 S. 4th St., Louisville, KY 40203. More guides are in our Kentucky Injury Resource Center.
This page is general information about federal trucking rules and Kentucky law as of October 2026, not legal advice.
