Unfortunately, there are several instances when a Missouri car accident occurs where a driver does not have auto insurance coverage. This can cause some stress as you wonder how you will be paid for your damages. A Missouri car accident lawyer can help you handle these cases.
In Missouri, it is required by law that all vehicle owners carry the state minimums for auto insurance coverage. You are required to have at least $25,000 per person for bodily injuries, at least $50,000 per accident for physical injuries involving more than one person and $10,000 in property damage coverage.
When a driver does not have these insurance coverages, it can be difficult to recoup your expenses and receive payment for your injuries and property damages. Your option in these instances is to sue the other driver that was negligent in the Missouri car accident for your losses.
Often, it can be hard to recoup a settlement award from a driver that does not have auto insurance, even if you win your Missouri car accident case. In most instances, the reason these drivers do not have auto insurance is that they cannot afford it. Seeking a settlement from a driver that cannot afford to cover the costs can be a challenge.
A judge in these types of Missouri car accident cases may order that the defendant in the case make payments to you on a monthly basis. While this will not provide you the lump settlement that you may have been hoping for from your car accident in Missouri, it will give you some compensation in your case.
A Missouri car accident attorney can advise you on the proper course of action to take against a driver that does not have auto insurance. They can suggest a legal battle that will produce the results you are looking for to cover your expenses related to the accident and help provide payment for your damages.
Do I Report a Car Accident in Missouri When a Driver Does Not Have Insurance?
It is the law to report any car accident in Missouri where a driver does not have car insurance. You need to call the police to file a report or use the official form and submit it to the Missouri Department of Revenue.
You have 30 days from the date of the Missouri car accident to file the report with the proper authorities. Failure to report a car accident with an uninsured motorist could result in a citation and fine on top of the expenses you have incurred because of the crash.
How Long Do I Have to File a Lawsuit After a Car Accident in Missouri?
There are statutes of limitations in place that need to be followed when filing a lawsuit after a Missouri car accident. You may be unsure if you need to file a lawsuit to gain a settlement, but you need to prepare yourself that an uninsured motorist may only pay if the court orders them to do so by law.
You have five years from the date of the car accident in Missouri to file your lawsuit according to the statute of limitations if the injury has occurred or if there is damage to your property. If death occurred, you have three years from the date of the death to file a lawsuit against the other driver.
It is imperative that you work with a Missouri car accident attorney when determining if you need to file a lawsuit against an uninsured driver. You need to remember that there are no insurance companies to negotiate with and a suit may be your only recourse for obtaining a settlement award.
You will want to speak to your Missouri car accident lawyer as soon as possible after your crash to ensure that you have plenty of time to file and investigate your case. An attorney will advise you on your legal rights when it comes to dealing with an uninsured motorist and what the best way to obtain payment from them is in your car accident in Missouri.
What Can I Sue an Uninsured Motorist for After a Missouri Car Accident?
Just like any Missouri car accident case, you have a right to sue an uninsured motorist without limitation or caps on settlement amounts. You can seek medical expenses for your injuries, lost wages due to your recovery or inability to work because of the extent of your injuries, as well as any pain and suffering that you endured because of the Missouri car accident.
Your lawsuit may also entail emotional suffering and loss of consortium or companionship. Punitive damages are also allowable in a Missouri car accident case and are used to provide additional financial punishment to a driver for their egregious behavior. This can help you financially move forward after a car accident in Missouri and offer you some solace after the crash.
A Missouri car accident attorney can help you calculate the extent of your settlement award and will work to prove negligence in your case. Because Missouri carries a pure comparative fault law, your percentage of fault is taken into account in your settlement award. For this reason, your lawyer uses all evidence possible to prove maximum fault in your car accident against the other driver. This can help you receive the maximum amount for your settlement award. But, you need to keep in mind the limitations of an uninsured motorist and their ability to pay a hefty settlement to you without auto insurance backing them.
Consult with a Missouri Car Accident Attorney Today
When involved in a Missouri car accident with a driver that does not have auto insurance, you need the assistance of a lawyer that can handle your case. The Kansas City car accident attorneys at Krause & Kinsman Law Firm can help. They will guide you on your rights when it comes to the legal system and walk you through the court process when filing a lawsuit against the other driver. You can rely on the lawyers at Krause & Kinsman Law Firm to get you the settlement you deserve. Contact us today for a consultation.
Robert Kinsman is a personal injury, mass tort, business litigation, and employment discrimination attorney who practices in Kansas City, Missouri. He graduated from the University of Missouri Kansas City School of Law and has been practicing law for several years now. Robert Kinsman is passionate about normalizing the life of his clients after they have been seriously injured. Learn more about his experience here.