HOW IS A ST. LOUIS, MISSOURI CAR CRASH HANDLED DIFFERENTLY IF THE OTHER DRIVER IS UNINSURED?

       Sometimes, a Missouri driver has the unfortunate experience of getting injured due to the negligence of a driver who does not have insurance. When an uninsured motorist causes your injuries, attorneys handle the case in a different way.  Let’s explore.   

1. Insurance Coverage and Liability

  • Against an Insured Driver:
    • If the other driver has insurance, their policy will typically cover your damages, including medical bills, property damage, lost wages, and pain and suffering. 
    • The insurance company of the at-fault driver investigates the case and tries to settle the case with your attorney.   
  • Against an Uninsured Motorist:
    • If the driver who caused the accident doesn't have insurance, you're left with your own insurance policy for coverage. This is where Uninsured Motorist Coverage (UM) comes into play.
    • UM coverage is included in all Missouri auto insurance policies.  This insurance covers medical expenses, lost wages and pain and suffering. In other words, your own insurance coverage pays you based on the negligence of the other driver.  (NOTE: Uninsured Motorist Coverage typically DOES NOT pay for vehicle damage, so if you are hit by an uninsured driver, then you will need to use your own collision coverage.  If you don’t have collision coverage, unfortunately, you may be out of luck in recovering money for your property damage).

2. Claims Process

  • Against an Insured Driver:
    • The claim process usually involves dealing with the other driver's insurance company. They will investigate the accident, assess fault, and offer a settlement.
    • If you cannot agree on a settlement, then your attorney may file a lawsuit against the other driver.  You cannot sue the other driver’s insurance company directly.  You will name the other driver as the defendant, but their insurance company will provide them with an attorney and will also pay for the verdict a jury renders against the defendant, up to the defendant’s policy limits.
  • Against an Uninsured Motorist:
    • In an UM case, you are essentially filing a claim with your own insurance company.
    • However, even though you are making a claim with your own insurance company, they may still try to minimize what they pay you, so you may need to go to litigation.
    • Furthermore, as an insurance policy is a contract between you and the insurance company, you have to follow the requirements of the insurance policy in making your claim.
    • If the driver is identified but has no insurance, your own insurer will typically handle the claim, but the process can become more complicated than with an insured driver.  Your lawsuit will be against your own insurance company as the defendant (and if the uninsured driver is identified, then the other driver will usually be named).  Your uninsured motorist carrier steps in to defend the actions of the uninsured motorist and will pay any verdict up to your own uninsured motorist coverage policy limits.

4. Legal Complexities

  • Against an Insured Driver:
    • A case against an insured driver is typically a straightforward personal injury case where the insurer’s liability limits determine the potential recovery. The insurance company will pay any verdict up to the policy limits. 
    • If the jury verdict is more than the other driver’s policy limits, the insurance company will usually pay the verdict up to the policy limits, leaving the driver to pay the balance of the verdict personally.
    • In some instances, an insurance company could be on the hook for more than their insured driver’s policy limits.  This can happen if the injured person’s attorney offered to settle for the other driver’s policy limits, but the insurance company refused, and the driver now has to pay excess damages above and beyond their insurance coverage.  This results in a whole new cause of action where the other driver can sue his own insurance company for what is know as “bad faith failure to settle.”  This secondary case can get quite complex, and it is essential that you have an attorney who understands bad faith law if you end up in this position.
  • Against an Uninsured Motorist:
    • The case becomes more complex because the uninsured driver likely doesn’t have the funds to pay for damages directly. This makes relying on your own insurer important, and you may have to file a lawsuit against your own insurance company if they don’t settle with you for a fair amount. 
    • Your insurance company will pay any verdict up to your uninsured motorist policy limits.
    • Missouri recognizes a claim for vexatious refusal to pay. If your insurance company refused to pay your claim without reasonable grounds, then you can seek penalties and attorneys’ fees from your own insurance company in the same lawsuit wherein you are suing the uninsured driver and your own insurance company.  These cases can get quite complex, so make sure you hire an attorney who understands how to handle vexatious refusal cases if you find yourself in this position. 

5. Hit-and-Run Situations

  • Against an Insured Driver:
    • A hit-and-run driver is one who causes a crash and then leaves the scene.  If you can find and identify the hit-and-run driver, and that person has insurance, then you would bring a claim against the driver’s insurance company.
  • Against an Uninsured Motorist:
    • A hit-and-run situation where the at-fault driver is unknown will be handled entirely by your own uninsured motorist coverage.

 

Final Thoughts:

An uninsured motorist claim can be more complicated and require more effort because you're not only dealing with proving the fault of the uninsured driver, but you also have to follow the requirements of your own insurance company policy in making your claim.  Having a skilled attorney can be crucial in these cases to ensure you receive the compensation you deserve. If you're dealing with this type of case, it's important to work with a personal injury attorney who has significant experience in handling UM claims.  At Bollwerk & Associates, we have handled countless UM cases over the last 35 years, and we would be happy to assist you if you find yourself the victim of an uninsured motorist in Missouri.

 

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