What Happens If the Person at Fault in an Accident Has No Insurance in Missouri?

If the driver is at fault in an accident in Missouri and does not have insurance, the state's at-fault or tort-based auto insurance system kicks in. As Missouri is not a no-fault state, the driver who caused the accident must pay for damages, including medical bills, property damage, or loss of wages. Per this law, the aggrieved or injured party can seek compensation from the driver at fault.

According to Missouri's pure comparative fault rule, the injured party can also seek compensation from the driver at fault, depending on their percentage of fault, further increasing the consequences when a person causes an accident without insurance. These legal and financial consequences generally include fines, possible jail time, risk of asset seizure, and the possibility of being sued by the injured party. All Missouri drivers are mandated to have uninsured motorist coverage.

In addition to civil liability, operating a vehicle without insurance is a legal offense. It may result in penalties under Missouri traffic violations and infractions, including license suspension, fines, and potential incarceration for repeat offenses. To mitigate such risks, Missouri law requires all drivers to carry uninsured motorist coverage as part of their auto insurance policy.

Is It Illegal To Drive Without Insurance In Missouri?

Yes, it is illegal to drive without insurance in Missouri. Missouri Revised Statutes § 303.025 states that all motor vehicle operators in the state must maintain an approved form of financial responsibility, for example, maintaining the minimum liability insurance. The penalties for not complying with this insurance law vary with the frequency of the offense. They are outlined as follows:

• First-time offense: 0 days license suspension and jail time
• Second offense: 90 days license suspension and about 15 days in jail
• Third offense: 1 year license suspension and up to 15 days in jail

After a person at fault's license is suspended, they prove financial responsibility for vehicle operation by filing an SR-22 certificate for three years and paying the necessary reinstatement fees to maintain driving privileges. In addition to fines and license suspensions, other civil consequences of uninsured driving include vehicle impoundment and accumulation of points on the driving record and a possible ban from receiving non-economic damages when they are the injured party (No Pay, No Play law).

What Is the Minimum Insurance Requirement in Missouri?

The minimum liability coverage in Missouri is $25,000 for bodily injury and property damage. This coverage, also known as the 25/50/25 coverage, protects injured persons from the at-fault driver who has insurance. The law also extends coverage to uninsured motorists, underinsured motorists, and passengers.

Uninsured Motorists (UM) are required to have coverage for bodily injury to ($25,000 per person and $50,000 per accident) to reduce the risk of hit and run. Underinsured Motorist (UIM) coverage is optional in Missouri. It only affects when the at-fault driver's insurance does not cover the injured party's damages. MedPay (medical expenses coverage for the insured motorist and their passengers) is optional in Missouri.

What To Do After A Car Accident With an Uninsured Driver in Missouri

After being in an accident caused by an uninsured driver in Missouri, a person can take the following steps:

• Call the police to document the other driver's fault, their insurance status, and damages. By law, accidents that cause injury, death, or over $500 worth of damage to property should be reported.
• Obtain and file a Motor Vehicle Accident Report (Form 1140) within one year of the accident.
• Contact their insurer to use their state-mandated Uninsured Motorist (UM) Coverage.
• Sue the uninsured driver for damages. If the victim wins the lawsuit, the uninsured driver must pay restitution.

Victims unable to be compensated for full damages can also access up to $300,000 from Missouri's Tort Victims Compensation Fund.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

In Missouri, as long as they are not the party at fault in an accident, a person can still get compensation from the at-fault driver even if they don't have insurance. They can file a lawsuit, recover economic damages (medical fees, loss of wages, property destruction), or even benefit from uninsured motorist (UM) coverage. Under the state's "No Pay, No Play" law (RSMo § 303.390), uninsured drivers are restricted from recovering noneconomic damages (pain, suffering, and emotional distress). Exceptions to this law are if the driver at fault was intoxicated or if the individual's insurance was cancelled without due notice.

Can I Sue an Uninsured Driver in Missouri?

Yes. Missouri is an "at-fault" state, so if the uninsured driver caused the accident, they are legally responsible for paying restitution. Missouri Revised Statutes § 303.025 further mandates that all drivers have liability insurance, so a claim can be filed against an at-fault driver who fails to do so. Individuals have up to 5 years from the date of the accident to file a claim in Missouri.

For minor property damage and injuries, the injured party can file their case in a small claims court through their county's circuit clerk's office. In small claims, the injured party can represent themselves and can be awarded damages up to $5,000. For cases where the not-at-fault driver suffered serious injuries or financial losses, they go through a formal court proceeding where their legal representation presents evidence of the accident to a judge. These cases usually have claims over $5000 and are filed in an associate circuit court or superior court.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Missouri?

Yes, a person's insurance will cover them if the party at fault has no insurance, but the extent of the coverage depends on the insurance policy they have. Possible coverage options include the following:

• Uninsured Motorist (UM) Coverage: Covers only bodily injury and pays $25,000 per person and $50,000 per accident. It is mandatory under Missouri law.
• Stacking UM/UIM coverage: increases payout by combining the coverage limits of several policies after an accident with an uninsured or underinsured driver.
• Uninsured Motorist Property Damage (UMPD): Covers vehicle damage from an uninsured driver if the driver is identified. Pays $250–$500
• Medical Payments (MedPay) Coverage: Covers medical bills for the driver and their passengers, irrespective of whether they're at fault. Usually an add-on to UM coverage.
• Collision Coverage: covers vehicle damage regardless of whose fault the accident is. Pays $500–$1,000

What Is Uninsured Motorist Coverage in Missouri?

Uninsured Motorist (UM) coverage is mandatory auto insurance in Missouri under Missouri Revised Statutes § 379.203, which protects an individual if they are in an accident caused by an uninsured driver. It covers only bodily injury-related damages (medical expenses, lost wages, pain, and suffering) and still applies even in a hit-and-run. A person can increase their UM limit by increasing their liability limit, as they mirror each other.

What If I Don't Have Uninsured Motorist Coverage in Missouri?

If a person without uninsured motorist coverage is in an accident caused by another uninsured driver, there are other avenues for them to legally recover compensation. Examples include the following:

• By filing a civil lawsuit against the party at fault, since Missouri is an at-fault state
• By requesting that the license of the at-fault driver be suspended if they fail to pay the compensation won in a lawsuit
• From Missouri's Tort Victims Compensation Fund, if unable to recover full damages from an uninsured or underinsured driver
• From a court-ordered restitution if the accident falls under a criminal offense (DUI or hit and run)

How Do I Get Compensation from an Uninsured Driver in Missouri?

If a person is in an accident and the driver at fault is uninsured, the process of getting compensation from them in Missouri includes the following:

• File a petition for damages with a small claims court or superior court, depending on the severity of the accident (Rule 53: Commencement of Civil Action)
• Serve the driver at fault a summons (Rule 54: Issuance and Service of Summons)
• Meet with the defendant to exchange evidence if they respond to the summons or file for a default judgment to be passed on your petition after 30 days (Rules 56–57: Discovery Procedures)
• If the petition is granted against the defendant, the victim can collect damages, send a request to the Missouri Department of Revenue to suspend the defendant's license, or apply to the Victims Compensation Fund.

How Much Can You Recover From an Uninsured At-Fault Driver in Missouri?

Per Missouri's civil code, a person can sue the uninsured driver at fault for medical bills, wages lost, and pain and suffering, but the compensation obtained depends on their ability to pay for damages. For minor injuries and damages, the claim is filed in a small claims court, and compensation from here is capped at $5000, excluding costs. For major injuries and losses that require formal legal proceedings, there is an annual interest of 9% on civil judgments (RSMo Section 408.040) unless otherwise stated in the contract.

How To Find Out If the At-Fault Driver Has Insurance in Missouri

A person can find out if the driver at fault has insurance through one of the following means:

• Ask the driver
• Request a copy of the police report from the accident
• Submit a Form 1140 (Motor Vehicle Accident Report) to the Missouri Department
• Sue the at-fault driver, then discover if they have insurance during legal proceedings

Are Accidents Public Record in Missouri?

Yes. Accident records and other traffic offenses constitute criminal records, so they are available to the public with the following restrictions:

• Police reports: They are public through the Missouri Sunshine Law, excluding records of ongoing investigations and juvenile and sensitive records
• DMV Crash Date: The Missouri Department of Revenue or State Highway Patrol makes this data available, but restricts personal information under the Driver Privacy Protection Act (DPPA).
• Court records: Civil lawsuit records are classified as public records and are available with the presiding courthouse unless redacted or sealed

Can You Go to Jail for Causing an Accident Without Insurance in Missouri?

Yes, you can. First-time uninsured accidents usually result in fines, license suspension, and points added to drivers' penalty scores. However, an individual may be sent to up to 15 days in jail for repeat violations and up to 7 years for using fraudulent insurance documents (Class D or C felony).

Can You Settle With an Uninsured Driver Out of Court in Missouri?

Restitution from an uninsured at-fault driver can be settled out of court. Both parties agree to and sign a written settlement agreement binding under Missouri contract law, making the settlement legal and enforceable. A valid agreement usually contains a valid offer of acceptance, the item of value to be exchanged (consideration), and a sign-off of both parties (mutual assent)

Can I Get Compensation If I Was Partially at Fault?

Yes. Under Missouri's pure comparative negligence system, a person can recover damages for the percentage of the accident for which they were not at fault. For example, if a driver is 60% responsible for an accident, they can recover damages for the 40% for which they were not at fault.