What Do I Do if I’m Injured in a Car Accident in Missouri & the Other Driver Doesn’t Have Car Insurance?

If You’re Injured in a Car Accident by an Uninsured Driver, You Still Have Claim Options. Learn More From Missouri’s Duckworth Injury Law

In Missouri, state law requires that all motor vehicle drivers maintain motor vehicle liability coverage. In other words, to legally operate a car or motorcycle in Missouri, the driver must carry automobile insurance. Specifically, Missouri law requires drivers to carry a minimum of $25,000 per person and $50,000 per accident in bodily injury liability coverage and $25,000 per accident in property damage liability coverage. This law is commonly referred to as Missouri’s Motor Vehicle Financial Responsibility Law. The purpose of this law is to protect Missouri citizens from suffering uncompensated damages due to the negligence of an uninsured motorist in causing a car accident.

Despite this legal requirement to carry liability insurance, every year, thousands of Missourians are involved in injury causing car accidents due to the negligence of uninsured motorists. So, what can you do if you’ve suffered an injury causing accident and the other driver doesn’t have car insurance? Here are the top 5 actions you should take.

1. File an uninsured motorist claim with your own auto insurance company

In addition to requiring bodily injury liability coverage, Missouri law also requires all Missouri drivers to carry Uninsured Motorist Coverage. See RSMo. § 379.203. Specifically, Missouri law requires Missouri auto insurance policies to include a minimum of $25,000 per person and $50,000 per accident in Uninsured Motorist Coverage. While Uninsured Motorist Coverage wouldn’t be necessary if all drivers carried bodily injury liability insurance as required by Missouri law, the data shows that, regardless of the law, many drivers will simply choose to drive without liability insurance. 

The purpose of Uninsured Motorist Coverage is to compensate you for all bodily injury damages (e.g., medical bills, lost wages, pain and suffering, etc.) that you would otherwise be entitled to legally recover from the uninsured at-fault party. Instead of putting the burden on you to obtain a judgment and collect money from the at-fault party, however, Uninsured Motorist Coverage allows you to recover this money directly from your own insurance company.

It's important to note that Uninsured Motorist Coverage is often “stackable” in Missouri. See Husch by Husch v. Nationwide Mutual Fire Insurance, Co. 772 S.W.2d 692 (Mo.App. ED) (1989). This means that if you carry multiple automobile insurance policies, or if you have multiple vehicles on the same policy, you may be permitted to add together the Uninsured Motorist Coverage on all policies and/or vehicles to determine your coverage limits. However, just because you are permitted to stack together your Uninsured Motorist Coverage, does not mean that your insurance company will automatically pay the full extent of your coverage – Uninsured Motorist Coverage claims are often handled very similar to third-party liability claims (i.e., you will be required to prove liability, causation, and damages). 

While many people are apprehensive about bringing a first-party Uninsured Motorist Coverage Claim with their own insurance company, as they worry about their premium rates increasing, Missouri law does not permit insurance companies to raise premium rates for filing a first-party Uninsured Motorist claim when you are not at fault for causing the accident. 

Finally, while Uninsured Motorist Coverage covers damages such as medical bills, lost wages, and pain and suffering, it does not cover the property damage to your vehicle. You will need to pursue a separate claim with your own insurance company for your property damage, typically under “Collision Coverage.” Notably, Collision Coverage is not required in Missouri, so you may not have this coverage included in your auto insurance policy, and typically you will be responsible for paying your deductible under the Collision Coverage.

2. Pursue a civil lawsuit against the at-fault party

While filing an Uninsured Motorist Coverage claim with your own insurance company is often the most practical and efficient way of recovering money for your damages following an accident caused by an uninsured motorist, it’s certainly not your only option. Even if the at-fault party doesn’t carry liability insurance, they are still legally responsible for payment of your damages. That means you have the right to pursue a civil lawsuit against the at-fault party to recover your damages caused by the at-fault party. 

Practically, whether or not it makes sense to pursue a civil lawsuit against the at-fault party typically depends on what assets are recoverable from the at-fault party. If an asset check reveals the at-fault party has no assets or money to pay a potential judgment, they may be “judgment proof,” and it would likely be a waste of time and money to pursue a civil lawsuit against them. On the other hand, if it appears there are recoverable assets and money held by the at-fault party, pursuing a civil lawsuit might make sense in your particular situation. 

It's necessary to point out, though, if you choose to pursue an Uninsured Motorist Claim, you will usually not be able to then pursue a civil lawsuit against the at-fault party (due to the contractual language in your Uninsured Motorist Coverage contract). In accepting your Uninsured Motorist Claim benefits, you will often be required to assign your civil cause of action to your own insurance company and/or be required to reimburse your auto insurance company from any proceeds recovered from the at-fault party. If payment of your Uninsured Motorist Coverage benefits requires assignment/subrogation of your civil claim against the other driver to your insurance company, your insurance company will then have the right to attempt to pursue recovery/collection against the other driver. 

3. Seek restitution if criminal charges are brought against the at-fault party

Restitution is often defined as “making good of or giving an equivalent for some injury.” In criminal law, restitution may be required as part of the sentence issued against the defendant, in which the court requires the defendant to compensate the victim for their financial harm. Restitution may be ordered against a criminal defendant to reimburse the victim for things such as their auto insurance deductible, medical bills, lost wages, or property damage. 

While you may not have control as to whether or not criminal charges are brought against the at-fault party following a car accident (most car accidents do not result in criminal charges), you should work with the prosecutor and/or victim advocate in pursuing restitution if they are. Restitution will often be unavailable if you have already recovered your damages from the at-fault party through civil litigation. 

4. Submit a tort victims' compensation fund application

The Tort Victims Compensation Fund is a program run by the State of Missouri to compensate Missouri accident victims who have otherwise been unable to obtain full compensation for their damages. The Tort Victims Compensation Fund steps in to pay victims where the at-fault party had no insurance (or not enough insurance) and where the victim has no other means of obtaining compensation for their injuries. 

In considering the value of your claim, the Fund will consider your medical condition/injuries, medical bills, lost income, and money recovered by you to date. You must also demonstrate to the fund what measures you have previously taken to obtain compensation for your damages. For damages caused by an uninsured motorist, this usually requires obtaining a civil judgment against the at-fault party and then making at least some attempt to collect on that judgment. 

While the fund can award up to $300,000 per claim, the net payout on claims is typically reduced in proportion with the number of claims submitted/total available funds for a particular year. For example, claims submitted in 2022 paid on a pro rata of 40 cents for every dollar awarded to claimants that year. 

5. File an accident report with the Missouri driver's license bureau

Last but not least, if you have been involved in a car accident with an uninsured motorist, Missouri law requires that you report such an accident to the Missouri Driver License Bureau. The law states that an accident report must be filed if the accident happened less than one year ago, the accident involved an uninsured motorist, and the accident caused property damage of more than $500 or if someone was injured/killed. 

A Missouri Motor Vehicle Accident Report can be obtained from your insurance company, a Driver License Bureau, or online. Once reported, the uninsured at-fault party may be subject to their license being suspended or revoked. 

Schedule Your Free Case Review for Your Accident Involving an Uninsured Motorist in Missouri Today. Duckworth Injury Law Is Ready to Serve You

If you’ve been involved in an injury causing accident due to the negligence of an uninsured driver in Columbia, Jefferson City, the Lake of the Ozarks, or anywhere else across mid-Missouri, contact an experienced car accident attorney who understands Missouri’s uninsured motorist laws and routes of recovery. 

Whether your particular situation involves pursuing an uninsured motorist claim with your own insurance company or filing a lawsuit against the at-fault party, attorney EC Duckworth is committed to maximizing your recovery by exhausting all available options. At Duckworth Injury Law, our firm routinely handles uninsured motorist cases involving car accidents, motorcycle accidents, and truck accidents. If you’d like to discuss the best route of recovery for your particular case, reach out to Duckworth Injury Law today for a free case evaluation and consultation.