Missouri Law Limits Recovery of Injured Uninsured Motorists

Missouri Law Limits Recovery of Injured Uninsured Motorists

Missouri uninsured motorists who are injured in a car accidents and found not to be at-fault for the accident are limited in the damages they can collect. On September 11, 2013, the Missouri General Assembly overrode the Governor Jay Nixon’s veto, passing amendment RSMo 303.390 which waives the right of uninsured motorists to collect for noneconomic losses that are the result of a motor vehicle accident against a person who has insurance. Missouri classifies an uninsured motorist as an uninsured driver who is the owner of the vehicle, an uninsured permissive driver of the vehicle and any uninsured non-permissive driver.

In the event of legal action proceeding by an uninsured motorist against an insured motorist, any award will be reduced by the amount equal to the portion of the loss representing compensation for the noneconomic injuries. Noneconomic damages include pain and suffering, emotional distress and loss of consortium. This amendment does not apply if the uninsured motorist had a policy that was terminated within six months immediately prior to the accident or nonrenewed for failure to pay the premium or if it can be proven that the accident was caused by the other party who operated under the influence of drugs or alcohol, was convicted of involuntary manslaughter or an assault in the second degree. Passengers in the uninsured vehicle are not subject to this recovery limitation.

More information on auto accident claims:
What To Do If You Are Injured In A Car Accident
How To File An Uninsured And Underinsured Motorist Insurance Claim

POSTED IN: Car Accidents In the News Insurance Claims Mark's Post St. Louis Car Accident Lawyers

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