Disclaimer: This article provides general information only. It does not constitute legal advice. Consult a qualified attorney in Missouri for guidance.
Detailed Answer
When an at-fault driver lacks active liability insurance on the date of loss, Missouri law still offers potential avenues for compensation:
- Uninsured Motorist (UM) Coverage: Missouri requires insurers to offer UM coverage for bodily injury and property damage. If you purchased UM coverage, you can file a claim under your own policy. UM coverage can compensate you for medical expenses, lost wages and vehicle repairs. See Mo. Rev. Stat. § 379.203(1) (379.203).
- Collision Coverage: If you carry collision coverage, your insurer can repair or replace your vehicle regardless of fault. You may seek reimbursement (subrogation) from the at-fault driver later.
- Medical Payments (MedPay): Primary MedPay coverage under your own policy can pay medical bills regardless of liability. It may cover deductibles and co-payments not covered by health insurance.
- Lawsuit Against the Driver: You can sue the at-fault driver for negligence. Missouri courts require proof of duty, breach, causation and damages. If you obtain a judgment, you may garnish wages or levy bank accounts. However, uninsured drivers often have limited assets (“judgment proof”).
- State Enforcement: Missouri law (§ 303.015) mandates liability insurance. The Department of Revenue may suspend the at-fault driver’s license and registration for non-compliance. While this enforces insurance laws, it does not provide direct compensation.
Helpful Hints
- Review your policy declarations to confirm UM, collision and MedPay limits.
- Promptly notify your insurer and document all accident details, including photos.
- Keep detailed medical records, bills and lost-wage documentation.
- Consider a demand letter before filing suit to encourage settlement.
- Consult with a licensed Missouri attorney to evaluate your case and options.