Stop a New Mexico Truck Insurance from Denying Coverage

Trucking is big business in America and so is the business of insuring New Mexico semi trucks.  New Mexico truck insurance companies will often insert highly restrictive language into their policies with truck companies that would, if enforceable, prevent a person who was injured in a truck accident from receiving compensation for his or her injuries.  Enter the MCS-90.  In order to comply with the Federal Motor Carrier Safety Act of 1980, a motor carrier (truck company) must have proof of financial responsibility, most commonly through a MCS-90 endorsement in their insurance policy.  By law, the MCS-90 is phrased very broadly, and, from the perspective of a truck injury victim, operates to erase policy exclusions that might otherwise prevent a recovery.  There are some limitations on the applicability of the endorsement: the injured party cannot have been employed by the motor carrier, and the truck driver must have been engaged in interstate, rather than intrastate, business.  Additionally, the amount of money recoverable under the MDC-90 endorsement may be less than the limits under the main policy, so a person who has been injured in a truck accident should pursue damages under both.