Being involved in a car accident is bad enough. It’s even worse when you learn the at-fault driver has no insurance. Unfortunately, many people choose to drive without insurance despite Missouri’s mandatory auto insurance law. Wondering what to do if the other driver has no insurance? Scroll down for some tips.
Steps to Take If the Other Driver Says They Don’t Have Insurance
1. Call the Police
First, call the police. Never agree to handle the claim between you and the driver. Some motorists might ask you to handle it between yourselves, but if you do so, you’ll have trouble recovering compensation and could get in trouble for failing to report your accident. Call 911 from the accident scene and wait for the police to respond. Get the other driver’s information and provide yours. Tell the officer what happened, and ask how to get a copy of the report.
2. File a Claim with Your Uninsured Motorist Coverage
Because of the large number of uninsured drivers in Missouri, the state mandates that all drivers carry uninsured motorist coverage under R.S.Mo. § 379.203. The minimum mandatory coverage amounts for UM in Missouri are $25,000 for one person or $50,000 for two injured victims. However, you can choose to purchase more coverage. Your UM policy will pay for your accident-related injuries and treatment up to the policy limits. It will not pay for damage to your vehicle, however.
3. File a Claim with MedPay if you Have It
In Missouri, MedPay is an optional coverage you can purchase, but it’s not required. This coverage will pay for your medical bills up to $1,000 to $10,000 without deductibles. It is a good option for you because you won’t have to use your health insurance or pay copays with MedPay. It also allows you to submit your bills as you receive them instead of waiting until you complete treatment to file a claim.
4. Use Collision Coverage if You Have It
If you have collision coverage, you can file a claim with your insurance company to cover the damage to your vehicle. You will have to pay the deductible, however. This coverage will pay for your damage if you were at fault, the other driver was uninsured, or you were hit by a hit-and-run driver. Collision coverage won’t pay for your injuries, however. It is limited to vehicle damage.
5. Check the At-Fault Driver’s Vehicle’s Registration
When you exchange information, ask to see the other driver’s vehicle registration. If they are driving a car that is owned by someone else, you might be able to recover compensation through the owner’s policy. An attorney can research possible recovery sources to help maximize your compensation amount.
Can I Sue the Uninsured Driver?
While you can file a lawsuit against an uninsured driver, it likely won’t be economically feasible. Most people who drive without insurance are indigent or judgment-proof. This means that it will cost more to litigate your claim than you might recover. Even if you win and obtain a judgment, it will likely be impossible to collect.
For this reason, many attorneys won’t accept claims involving uninsured drivers. Suing an uninsured driver doesn’t make financial sense because of the costs of litigation and the inability to recover, so lawsuits against uninsured drivers are generally not the best option.
However, if the car was owned and insured by someone else, it might be possible to recover from that insurance company. Your attorney can explain your legal options and the potential recovery sources to help you plan your next steps.
Contact the Law Offices of Bryan Musgrave
If you were involved in an accident with an uninsured driver, you might still have options to recover compensation for your losses. To learn more about what to do if the other driver has no insurance, contact the attorneys at The Law Offices of Bryan Musgrave today for a free consultation by calling 417-322-2222 or sending us a message online.