I. Unsettling Uninsured Driver Statistics
A car collision can be a bewildering experience that is exacerbated by an array of pressing concerns. One frequently asked and important question is, "What if the at-fault driver doesn't have insurance?" The Insurance Research Council (IRC) reports that approximately 12.6 percent of drivers (almost one in every eight) do not have insurance. This statistic is concerning given Missouri's requirement that all drivers have a certain amount of vehicle insurance, a law designed to protect victims of car accidents. For example, if you are hit by an 18-year-old driver and he does not have insurance on the car he is driving, this may be a situation of an uninsured driver. We will examine Missouri Revised Statutes, specifically Mo. Rev. Stat. Section 379.203, to figure out the issue.
II. What is Uninsured Motorist Coverage (UM)?
Uninsured Motorist Coverage (UM) comes as an important financial safety net to help in circumstances where a negligent motorist fails to comply with their insurance responsibility and does not purchase the required coverage.
Uninsured motorist coverage (UM) is an important feature of auto insurance policies that protects policyholders in the event of an uninsured driver or a hit-and-run incident.
- It serves as a financial safety net, covering bodily injuries and associated losses when the at-fault motorist can't cover these losses due to having no car insurance.
Every motor insurance policy in Missouri is required to contain UM coverage, according to Mo. Rev. Stat. Section 379.203. This coverage provides compensation for bodily harm or death caused by an accident involving an uninsured motor vehicle. The law also addresses situations in which the at-fault driver is unknown (perhaps because they fled before identification) or no physical contact occurs between the uninsured motor vehicle and the insured party or their vehicle, provided there is other proof or evidence of the other car, such as the situation when a driver has to take evasive action to avoid a head-on collision in your lane and the at-fault driver then drives off.
The Importance of Underinsured and Medical Payment Coverages
Other important coverages include underinsured motorist coverage (UIM) and medical payment benefits (MedPay).
- UIM applies when the at-fault driver's insurance coverage is insufficient, such as when severe injuries necessitate costly medical treatment. UIM can bridge the gap, preventing you from having to assume the loss for severe medical expenses. It is like insuring yourself in case the at-fault driver has coverage but not enough coverage for your damages. You can make a claim against the at-fault driver and then go after the underinsured coverage for the balance of the value of your case up to the amount of insurance that was purchased or available.
- MedPay, on the other hand, assists with medical expenditures regardless of who is at fault in the accident.
- Stacking refers to adding together more than one uninsured motorist policy in order to recover on more than one policy. Since uninsured motorist coverage is required in Missouri by statute, courts have struck down insurance companies' attempts to restrict or limit stacking as against public policy. On the other hand, there is no Missouri state law requiring underinsured motorist coverage, so anti-stacking language in insurance policies regarding underinsured coverage has been upheld and found enforceable in many cases.
IV. The Need for Legal Experience
Dealing with insurance policies, claims processes, and complicated legal legislation can be overwhelming, particularly when dealing with injuries, whether whiplash, back injuries, broken ribs or legs, or traumatic brain injuries. This underscores the importance of competent legal counsel.
Aaron Sachs & Associates represents people who have been harmed in car accidents. Our experienced attorneys, who are well-versed in Missouri personal injury law, are dedicated to fighting for your rights.