Fault Car Insurance and “No Pay, No Play” in Missouri
Posted in Lawsuit on March 22, 2017
Purchasing car insurance is required upon obtaining a driver’s license. In Missouri, the minimum coverage necessary by law is $25,000 per person for injuries, $50,000 per accident for personal injuries, and $10,000 for property damage. However, it’s estimated that 13.5 percent of all drivers in Missouri are uninsured.
What Is “No Pay, No Play?”
Missouri HB 339 was passed in 2013 when the state senate voted to override the governor’s veto. It says that an uninsured motorist waives the ability to collect of non-economic loss as the result of a car accident. One exception is if the accident was caused by a drunk, or otherwise under the influence, driver. The other exception is if your previous insurance had been cancelled by the insurer without at least six months notice.
This is essentially a penalty against the uninsured; even if the other driver was at fault in the accident, they would only be liable for your medical bills. Lost wages, property damage, pain and suffering – none of it would be recoverable from the person responsible on your end.
Uninsured motorist coverage is usually included in all liability plans, and there are ways to comply with the minimum insurance requirement other than the traditional plans. For individuals, showing proof of financial responsibility in the form of a cash deposit, surety bond or real estate bond. As of now, Missouri does not have a low-income car insurance option.
Missouri Fault Laws
Missouri is an at-fault state, which means that a driver can file a claim for compensation with their own insurance, or with the insurance of the other driver. Determining fault is crucial in deciding how much you will pay or be paid for damages.
Missouri uses the pure comparative fault system, which essentially means that as long as the accident wasn’t completely your fault, you can still receive compensation. For example if you are awarded $10,000 in damages, but are found to be 25 percent at fault, you would only receive $7,500 of that.
Driving Without Insurance Penalties
Other than being denied the opportunity to file a claim for damages, there are fines for driving without insurance in Missouri. If you have insurance, but are driving without proof, all you’ll receive is a traffic ticket; if you don’t have any insurance at all, you will be docked four points on your driver’s license. If you are docked eight points in an 18-month span, your license is suspended. So the penalties for driving without insurance are hefty in Missouri. Be sure to contact an experienced legal team today if you have been injured at the hands of an under insured driver in Kansas City or elsewhere in the state of Missouri.