No single kind of insurer covers every new authority. A brand-new for-hire carrier is usually placed with a specialty trucking insurer that writes new ventures, an MGA program acting for an insurer, a surplus lines (non-admitted) insurer through a surplus lines broker, or, when the voluntary market says no, the state’s commercial auto residual market. Whoever writes it, federal rules decide whether its filing counts: the insurer must be authorized (admitted) in the right states, or eligible as a surplus lines insurer, and it files a BMC-91 or BMC-91X under your docket number. After that, underwriting turns on the drivers, the equipment, the radius, what you haul and how the carrier gets through FMCSA’s 18-month new entrant period.
Four kinds of insurers that write new authorities
- Specialty trucking insurers. Admitted insurers that write new ventures, each with its own appetite for experience, radius and commodities.
- MGA trucking programs. A managing general agent manages part of an insurer’s business and can accept or reject risks for it, under written guidelines from the insurer on risk types, maximum limits and territory (NAIC model act).
- Surplus lines (non-admitted) insurers. Placed through a surplus lines broker when the admitted market won’t write the risk. When that is allowed depends on the state.
- The state residual market. A last resort for applicants the voluntary market turns down.
What FMCSA requires of the insurer
Not every insurer’s paper counts for a federal filing. Under 49 CFR 387.315, FMCSA accepts a certificate of insurance only from a company authorized (admitted) to write the policy in each state where the carrier is authorized to operate; or authorized in the carrier’s home state, if it will name, on FMCSA’s request, an agent to accept lawsuits in any state where the carrier operates; or authorized in any state and eligible as an excess or surplus lines insurer where the business is written, if it names that same agent.
The insurer files, not you. FMCSA tells new applicants to have their insurer file right after they get their docket number. A Form BMC-91 certifies the full required limits; a BMC-91X can show full coverage or one insurer’s share when more than one insurer stacks limits. The filing stays in effect until cancelled, no sooner than 30 days after FMCSA receives the insurer’s Form BMC-35 notice. More on the BMC-91X filing and the MCS-90 endorsement.
The federal minimums by freight type
- General freight, 10,001 lbs GVWR or more: $750,000 for for-hire carriers in interstate or foreign commerce (49 CFR 387.9).
- Oil, hazardous waste and other listed hazardous materials not in the top tier: $1,000,000.
- The top tier: $5,000,000 for hazardous substances in bulk in cargo tanks, portable tanks or hopper-type vehicles, bulk Division 1.1, 1.2 or 1.3 explosives, certain bulk Hazard Zone A materials, bulk Division 2.1 or 2.2 gases, and highway route controlled quantities of Class 7 material. Some of these carry the same $5,000,000 even in vehicles under 10,001 lbs.
- Non-hazardous freight under 10,001 lbs GVWR: FMCSA’s filing chart lists $300,000 for for-hire fleets of only these smaller vehicles.
Surplus lines rules vary by state
Each state decides when a broker may use a non-admitted insurer. In both examples below, the test is a diligent search of the admitted market first, shown through declinations:
- California (Insurance Code §1763): the surplus line broker must search among admitted insurers that actually write that type of insurance in the state. Declinations from three of them, or a showing that fewer than three write it, is prima facie evidence of a diligent search, and the broker files a form describing it.
- New York (Insurance Law §2118): an excess line broker may place coverage only after diligent effort fails to get the full amount from authorized insurers, and diligent effort means three declinations unless the superintendent sets a different number after a hearing.
The residual market of last resort
One form of commercial auto residual market is the Commercial Automobile Insurance Procedure (CAIP). AIPSO describes it as a pooling arrangement: a servicing carrier writes the business, and premiums, losses and expenses are shared by market share among the companies writing commercial auto in that state.
CAIP plans do take applicants that need a federal filing: the countrywide CAIP Inspected Units Form (AIP 3504) says plan rules require it whenever an FMCSA filing or an endorsement such as the MCS-90 is requested, listing every unit inspected in the prior 12 months. Eligibility is set by each state’s plan. Kentucky’s, for example, is for applicants unable to get coverage in the voluntary market; its filings supplement has the applicant certify it tried without success in the past 60 days, and coverage for risks with filings starts no earlier than 15 days after the plan receives the completed application.
The 18-month new entrant period
Once a new carrier starts operating, FMCSA monitors it as a new entrant for 18 months (49 CFR 385.307). FMCSA says the safety audit comes within 12 months after operations begin; under the rule it generally comes after at least 3 months, once there are records to review. Some violations fail the audit automatically, including running without the required insurance, knowingly using a driver without a valid CDL and having no drug and alcohol testing program. A carrier that fails generally gets 60 days to fix its safety controls (45 for certain hazmat and passenger carriers) or its registration is revoked and its operations placed out of service. If the audit is done and no out-of-service or corrective order is pending at 18 months, the registration becomes permanent.
For insurance, that audit is the event to watch in the first 18 months.
What new-venture underwriters ask
With no company history, the questions I see on new-venture applications cover:
- Driver experience: how long each driver has held a CDL and driven the equipment you’ll run.
- Motor vehicle records for every listed driver.
- Equipment: year, VIN and value of each tractor and trailer, and whether any are leased or hired.
- Radius: local, regional or long haul, and which states.
- Commodities: what you haul, which sets your federal minimum and the insurer’s appetite.
- Subcontracting and brokering: whether you hire other trucks or arrange loads for others.
Thousands of new for-hire carriers register a USDOT number every month; new trucking companies by state has the counts. Leased on to another carrier instead? See non-trucking liability.
Common questions
Can a brand-new MC number get insured?
Having no company history doesn’t rule you out. A new authority is usually placed with a specialty trucking insurer that writes new ventures, an MGA program, a surplus lines insurer, or the state’s commercial auto residual market.
Can a surplus lines insurer make my FMCSA filing?
Under 49 CFR 387.315 it can, if it is authorized in at least one state, is eligible as an excess or surplus lines insurer where the business is written, and will name, on FMCSA’s request, an agent to accept lawsuits in the states where you operate.
Who files the BMC-91X?
Your insurer files it with FMCSA under your docket number. FMCSA says the insurance provider files the form on the applicant’s behalf.
How much liability does a new general freight carrier need on file?
$750,000 for for-hire interstate general freight in vehicles of 10,001 lbs GVWR or more. Certain hazardous materials require $1,000,000 or $5,000,000.
What happens if my insurer cancels?
The insurer files a BMC-35 notice, and the filing can’t be cancelled until 30 days after FMCSA receives it. FMCSA requires proof of insurance on file to avoid revocation, so a replacement filing should be in place before then.
Sources
- 49 CFR 387.315 (eCFR): insurance and surety companies FMCSA accepts
- 49 CFR Part 387, Subpart C (eCFR): filing forms, BMC-91/91X and cancellation notice (387.313, 387.313T)
- 49 CFR 387.9 (eCFR): schedule of minimum limits
- 49 CFR Part 385, Subpart D (eCFR): New Entrant Safety Assurance Program
- FMCSA: Insurance Filing Requirements
- FMCSA: New Entrant Safety Assurance Program
- California Insurance Code §1763: surplus line diligent search
- New York Insurance Law §2118: excess line brokers
- AIPSO: Frequently Asked Questions (What is CAIP?)
- Kentucky Insurance Plans: Commercial Auto
- CAIP Inspected Units Form (AIP 3504), via the Kentucky plan
- Kentucky Automobile Insurance Plan: Commercial Filings Supplement (AIP 7557)
- NAIC Managing General Agents Act (Model 225)
- FMCSA Company Census File (data.transportation.gov)
General information about insuring new for-hire trucking authorities as of October 2026, not legal advice; 49 CFR Parts 385 and 387, each state’s surplus lines law and each residual market plan’s rules control. Coverage depends on underwriting and the terms, conditions and exclusions of the policy actually issued.