What Should You Do If the Other Driver Doesn't Have Insurance in St. Louis?
Getting hit by an uninsured driver creates frustrating complications that can leave victims feeling helpless about recovering compensation for injuries and damages. Unfortunately, uninsured driving remains common in Missouri despite legal requirements. Approximately 12% of Missouri drivers operate without insurance, meaning roughly one in eight accidents involves uninsured motorists. Understanding your legal options and available insurance coverage when uninsured drivers cause accidents protects your ability to recover fair compensation despite their lack of coverage.
Missouri's Insurance Requirements and Penalties Missouri law requires all drivers to carry minimum liability insurance of $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage (Section 303.030 RSMo). Despite these requirements and penalties for noncompliance, thousands of Missouri drivers operate illegally without coverage. Penalties for driving uninsured include license suspension, vehicle registration suspension, reinstatement fees, and potential fines. However, these penalties don't help accident victims
who need immediate compensation for injuries and property damage. When uninsured drivers cause crashes, victims face difficult questions about how to recover losses. The economic impact of uninsured motorist accidents is substantial. The Insurance Research Council estimates that uninsured drivers cause over $14 billion in losses nationally each year, with costs ultimately borne by insured drivers through higher premiums and uncompensated damages. An experienced car accident attorney St. Louis understands the complex options available when uninsured drivers cause accidents and can navigate insurance policies, legal claims, and collection strategies to maximize your recovery despite the at-fault driver's lack of coverage.
Immediate Steps After Uninsured Driver Accidents Discovering the other driver lacks insurance shouldn't change your immediate post-accident actions. Take the same critical steps you would in any collision to protect your health and legal rights. Call 911 immediately to get police and medical responders to the scene. Police reports become even more important in uninsured driver cases because you'll need official documentation of the accident and the other driver's lack of insurance. Officers should verify insurance status and note it in reports. Document everything thoroughly using your smartphone camera. Photograph all vehicles showing damage and license plates, the accident scene from multiple angles including road conditions and traffic controls, visible injuries you sustained, and the other driver's identification and vehicle registration. This documentation becomes crucial evidence if you pursue legal claims against uninsured drivers. Get witness contact information from anyone who observed the accident. Witnesses provide independent corroboration of how accidents occurred and who bears fault—critical when dealing with uninsured drivers who may lie about circumstances to avoid liability. Seek immediate medical attention even if injuries seem minor. Many serious conditions have delayed symptoms, and immediate medical evaluation creates documentation linking injuries to accidents. This medical evidence becomes essential for insurance claims and potential lawsuits. Do not accept any cash payments or informal settlement offers from uninsured drivers at accident scenes. These arrangements rarely cover full damages and eliminate your ability to pursue additional compensation later when the true extent of injuries and losses becomes apparent.
Your Uninsured Motorist Coverage: The First Line of Defense The most important insurance coverage for accidents with uninsured drivers is your own uninsured motorist (UM) coverage. This optional but highly recommended coverage protects you when at-fault drivers lack insurance to compensate your injuries and damages. Missouri doesn't require uninsured motorist coverage, but insurance companies must offer it when you purchase policies. Many drivers decline this coverage to save on premiums without understanding the protection it provides. If you're unsure whether your policy includes UM coverage, check your declarations page or contact your insurance agent immediately. Uninsured motorist coverage typically mirrors your liability limits. If you carry $50,000/$100,000 liability coverage, your UM coverage likely matches those amounts. This coverage pays for medical expenses, lost wages, pain and suffering, and other damages just as the at-fault driver's liability insurance would if they had coverage. Key aspects of UM coverage: ● Covers injuries to you and passengers in your vehicle when uninsured drivers cause accidents ● Steps into the shoes of at-fault drivers' liability insurance that doesn't exist ● Handles hit-and-run accidents where drivers flee and cannot be identified ● Some policies cover property damage, though this varies by policy terms ● Doesn't raise your premiums when used since you're claiming as a victim, not an at-fault driver Filing UM claims involves notifying your insurance company promptly, providing documentation of the accident and the other driver's lack of insurance, submitting medical bills and other damage proof, and negotiating settlement amounts with your own insurer. While using your own insurance might feel counterintuitive, remember that UM coverage exists specifically for this purpose. Your auto accident attorney St. Louis can handle these claims, ensuring your insurance company treats you fairly and doesn't minimize legitimate damages.
Underinsured Motorist Coverage: Bridging the Gap Sometimes at-fault drivers have insurance but carry only minimum coverage insufficient to compensate serious injuries. Underinsured motorist (UIM) coverage protects you when at-fault drivers have some insurance but not enough to cover your full damages. For example, if another driver with $25,000 liability coverage causes an accident resulting in $75,000 in damages, their policy covers only the first $25,000. If you carry $100,000 in UIM coverage, it bridges the $50,000 gap between the at-fault driver's coverage and your full damages.
UIM coverage typically requires exhausting the at-fault driver's liability coverage first before accessing your own policy. This prevents double recovery but ensures you receive full compensation up to your UIM policy limits. Your car crash lawyer St. Louis coordinates these claims strategically, ensuring you maximize recovery from all available sources. Not all policies include UIM coverage, and some states handle it differently than Missouri. Review your policy carefully or consult with an attorney to understand exactly what coverage you have and how it applies to your specific accident.
Suing Uninsured Drivers: Legal Options and Challenges When you lack UM/UIM coverage or your coverage doesn't fully compensate damages, you can sue uninsured drivers personally to obtain judgments for your losses. Missouri law allows personal injury lawsuits against negligent drivers regardless of their insurance status. Filing lawsuits involves proving the uninsured driver's negligence caused your injuries and damages, then obtaining court judgments ordering them to pay specific compensation amounts. These judgments create legal obligations to pay, but actually collecting money presents significant challenges. Lawsuit process steps: ● Filing complaints in circuit court detailing accident facts, negligence claims, and damages sought ● Serving legal papers on uninsured drivers notifying them of lawsuits ● Conducting discovery exchanging information and evidence ● Attending mediation or settlement conferences ● Going to trial if cases don't settle, presenting evidence to juries ● Obtaining judgments specifying compensation amounts owed The challenge with suing uninsured drivers is that people without insurance often lack assets making collection difficult or impossible. A judgment is only valuable if you can actually collect on it. However, judgments remain valid for ten years in Missouri and can be renewed, meaning you can pursue collection as defendants' financial situations improve. An experienced St. Louis car accident attorney evaluates uninsured drivers' financial situations before recommending lawsuits, conducting asset searches to determine whether they own property, have wages that can be garnished, or possess other collectible assets making litigation worthwhile.
Collection Strategies After Obtaining Judgments Winning a lawsuit against an uninsured driver is only half the battle—collecting the judgment requires additional legal steps. Missouri law provides several collection mechanisms that allow judgment creditors to seize assets or garnish income to satisfy debts.
Wage garnishment allows you to collect portions of defendants' paychecks directly from their employers. Missouri permits garnishing up to 25% of disposable earnings or the amount by which weekly wages exceed 30 times the federal minimum wage, whichever is less. While this doesn't provide immediate lump sums, it creates steady payment streams over time. Bank account levies involve obtaining court orders allowing sheriffs to seize funds from defendants' bank accounts to satisfy judgments. This requires identifying which banks hold defendants' accounts and timing levies when sufficient funds are present. Property liens attach judgments to defendants' real estate, preventing them from selling or refinancing without paying your judgment. If defendants own homes, these liens ensure eventual payment when properties are sold or refinanced. Asset seizure involves sheriffs taking possession of defendants' personal property like vehicles, equipment, or valuable items, then selling them at auction to satisfy judgments. This option works when defendants own valuable tangible assets. Practical collection considerations: ● ● ● ●
Many uninsured drivers lack substantial income or assets making collection difficult Collection efforts cost money for court filings, sheriff services, and attorney fees Defendants can file bankruptcy eliminating judgment debts in some circumstances Payment plans negotiated outside court often work better than aggressive collection tactics
Your auto accident lawyer in St. Louis manages collection strategies realistically, pursuing assets when they exist while advising when litigation costs exceed realistic collection prospects. Sometimes sending strong demand letters threatening legal action motivates defendants to establish payment plans avoiding formal lawsuits.
Hit-and-Run Accidents: Special Considerations Hit-and-run accidents where at-fault drivers flee scenes create unique challenges. Without identifying drivers, you cannot pursue their insurance or file lawsuits. However, your uninsured motorist coverage typically applies to hit-and-run scenarios, treating fleeing drivers as uninsured. Report hit-and-run accidents to police immediately, providing any information about fleeing vehicles including license plate numbers, makes and models, colors, damage visible to the vehicle, and direction of travel. Police may investigate and potentially identify drivers. Your UM coverage claim requires police reports documenting hit-and-run incidents. Insurance companies need verification that accidents occurred and at-fault drivers couldn't be identified. The more documentation you have—dash cam footage, witness statements, your own photographs—the stronger your hit-and-run UM claim becomes. Some hit-and-run cases involve identified drivers who lack insurance and flee to avoid responsibility. These cases combine elements of both uninsured driver accidents and hit-and-runs, potentially allowing both UM claims and personal lawsuits if drivers are caught.
Protecting Yourself: The Importance of UM/UIM Coverage The best protection against uninsured driver accidents is carrying robust uninsured and underinsured motorist coverage on your own policy. While Missouri doesn't require this coverage, declining it leaves you vulnerable to significant uncompensated losses if uninsured drivers injure you. Purchase UM/UIM coverage matching or exceeding your liability limits. If you carry $100,000/$300,000 liability coverage, buy matching UM/UIM limits. This ensures you have the same protection from others' negligence that you provide to others through your liability coverage. Consider umbrella policies providing additional liability and UM/UIM coverage beyond standard auto policy limits. These policies are relatively inexpensive and provide substantial additional protection against catastrophic injuries caused by uninsured or underinsured drivers. Review your insurance coverage annually, increasing limits as your income and assets grow. The small additional premium for higher UM/UIM coverage is minor compared to the financial devastation of serious injuries with inadequate coverage.
Conclusion: Protecting Your Rights Despite Insurance Gaps Being hit by an uninsured driver creates frustrating complications, but you're not without options. Your own uninsured motorist coverage provides the most reliable compensation source. Personal lawsuits against uninsured drivers remain viable when they have collectible assets. Alternative liability theories sometimes identify additional responsible parties with insurance or resources. Most importantly, don't navigate these complex situations alone. Insurance companies—even your own—may try minimizing legitimate claims. Uninsured drivers often hide assets or refuse cooperation. Collection efforts require knowledge of legal procedures and strategic timing. Work with experienced legal counsel who understands Missouri's insurance laws, collection strategies, and alternative liability theories. The right attorney maximizes your recovery from all available sources, ensuring uninsured drivers' lack of responsibility doesn't leave you bearing the financial consequences of their negligence. Bruntrager & Billings P.C. has successfully recovered compensation for countless St. Louis victims injured by uninsured drivers, expertly navigating insurance claims and legal strategies that maximize recovery.
FAQ Section Q: Will my insurance rates go up if I file an uninsured motorist claim? A: Generally no. UM claims shouldn't affect your rates since you're the victim, not at fault. However, policies and companies vary, so review your policy or ask your agent about specific terms. Q: What if the uninsured driver has no money or assets? A: Collection becomes difficult but not impossible. Judgments remain valid for 10 years and can be renewed. You can garnish future wages, attach liens to property they acquire later, or negotiate payment plans. Q: Can I sue my own insurance company if they deny my UM claim? A: Yes. If your insurance company unreasonably denies legitimate UM claims, you can sue for breach of contract and potentially bad faith. An attorney can evaluate whether denial was proper or actionable. Q: How much uninsured motorist coverage should I carry? A: Match or exceed your liability limits. If you carry $100,000/$300,000 liability, buy matching UM/UIM coverage. Consider umbrella policies for additional protection beyond standard auto policy limits. Q: What's the deadline for filing uninsured motorist claims? A: Policy terms vary but typically require prompt notification. Missouri's statute of limitations for personal injury claims is five years, but don't wait—file UM claims immediately after accidents.
