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Noland Law Firm, LLC Legal Blog

Sunday, December 10, 2017

Help! I’ve Been in an Accident with Someone Who Doesn’t Have Insurance!

Motor vehicle insurance is not only extremely helpful if you have been in an accident, but it is also required by law. However, even though you are legally required to have it, many people drive without even the minimums required by law. Unfortunately, these situations can create complicated legal problems. In addition, it may result in an inability to recover compensation for your accident and increased premiums for everyone else on the road.

Required Insurance Coverage in Missouri

Every driver in Missouri is expected to have automotive insurance. You are required to show proof of insurance when you register your vehicle or renew its registration. The minimum levels of protection required in Missouri include liability coverage for the following damages:

  • $25,000 per person for bodily injury
  • $50,000 per accident for bodily injury
  • $10,000 per accident for property damage

You are also required by law to carry uninsured motorist coverage as well. The minimums are $25,000 for bodily injury per person and $50,000 for bodily injury per accident.

Uninsured Motorist Accidents

When you are involved in an accident with an uninsured driver, your uninsured motorist coverage should apply. However, if you only carry the minimum amount of insurance required by law, you may not have complete coverage for all of the losses you sustained as part of the motor vehicle accident. Hospital bills can be extremely high, particularly in severe, emergency situations.

Even if your insurance covers the situation, you can assert a claim against the other driver as well. However, without an insurance company to help the other driver with your claim, many drivers are not financially able to help you with your losses after an accident, even if they wanted to. Nonetheless, you can still assert a personal injury claim against the driver in his or her individual capacity.

In situations where the other driver was traveling on behalf of an employer, you may also be able to bring a claim against the employer as well. Bringing the employer in can help you collect damages related to your losses that the individual driver may not be able to pay.

Other Complicating Factors in an Uninsured Motorist Claim

Because driving without insurance is illegal in Missouri, your claim may be complicated by the fact that the other driver may be facing criminal charges at the same time as your civil case. In many situations, the outcome of the criminal matter will have some bearing on your civil case. You can often use the same investigation tools and facts that the criminal court finds in your civil case. While it may make it a bit more complicated, it can be helpful in the long run.

You should also keep in mind that you are required by law to report an accident with an uninsured driver within thirty days of the incident. This is necessary if the crash included any bodily injury or death or property damage over $500.  

Getting Legal Help After an Uninsured Motorist Accident in Missouri

If your insurance company has denied your uninsured motorist claim or you want to assert a civil suit against an uninsured driver, you should talk to a member of our personal injury team. We can provide a realistic outlook of your case and help you get the process started.


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