Your Safety Net After a Crash
You’re driving home from work when suddenly, another driver swerves into your lane and crashes into your vehicle. You sustain injuries requiring medical attention, and your car needs significant repairs. Then comes the crushing news—the at-fault driver has no insurance. Without proper coverage, you could be left paying thousands in medical bills and repair costs out of your own pocket, even though you weren’t at fault. This scenario unfolds more often than you might think on Missouri roadways.
What Happens If You’re Hit by an Uninsured Driver in Missouri?
If you’re involved in an accident with an uninsured driver in Missouri, your options without proper coverage are limited:
- File a lawsuit against the at-fault driver (who likely has limited assets to recover)
- Pay for damages and medical bills using your health insurance and collision coverage (subject to deductibles and coverage limits)
- Absorb the costs yourself
None of these options provide the comprehensive protection that uninsured motorist coverage offers.
What Is Uninsured Motorist Coverage?
Uninsured motorist (UM) coverage protects you when you’re involved in an accident with a driver who has no insurance. In Missouri, this coverage is mandatory under Missouri Revised Statutes §379.203, which requires all auto insurance policies to include uninsured motorist bodily injury coverage of at least $25,000 per person and $50,000 per accident.
This coverage applies in various situations:
- When you’re hit by a confirmed uninsured driver
- In hit-and-run accidents where the at-fault driver cannot be identified
- When you’re hit as a pedestrian by an uninsured vehicle
- When you’re a passenger in someone else’s vehicle hit by an uninsured driver
Uninsured motorist coverage specifically pays for:
- Medical expenses
- Lost wages
- Pain and suffering
- Other injury-related damages
It’s important to note that Missouri’s required uninsured motorist coverage applies only to bodily injury, not property damage. For vehicle repairs after being hit by an uninsured driver, you’ll need to rely on collision coverage or other means.
What Is Underinsured Motorist Coverage?
Underinsured motorist (UIM) coverage comes into play when the at-fault driver has insurance, but their policy limits aren’t high enough to cover all your damages. Unlike uninsured motorist coverage, UIM coverage is optional in Missouri, but it provides valuable protection.
Consider this: Missouri’s minimum liability requirement is only $25,000 for bodily injury per person. If you suffer serious injuries requiring surgery, hospitalization, and ongoing physical therapy, your medical bills could easily exceed $100,000. Without UIM coverage, you’d be responsible for the difference between the at-fault driver’s coverage limit and your actual damages.
UIM coverage typically works on a difference-in-limits basis in Missouri. This means your UIM coverage pays the difference between the at-fault driver’s liability limits and your UIM policy limits, up to the maximum of your policy.
How Much Coverage Do You Need?
While Missouri requires minimum uninsured motorist coverage of $25,000 per person and $50,000 per accident, these amounts may be insufficient after a serious crash. When determining how much coverage to purchase, consider:
- Your health insurance situation: If you have limited health insurance or high deductibles, more substantial UM/UIM coverage provides additional protection.
- Your income: Higher-income individuals may want higher limits to protect against lost wages in case of serious injury.
- Your assets: The more assets you have to protect, the more coverage you should consider.
- Your risk tolerance: How comfortable are you with potential out-of-pocket costs after an accident?
The Process of Filing a UM/UIM Claim in Missouri
If you’re involved in an accident with an uninsured or underinsured driver in Missouri, follow these steps:
- Report the accident to law enforcement and obtain a police report.
- Notify your insurance company promptly about the accident and your intention to file a UM/UIM claim.
- Document everything related to the accident, including:
- Photos of the accident scene and vehicles
- Medical records and bills
- Proof of lost wages
- Other accident-related expenses
- Complete your insurance company’s claims forms and provide requested documentation.
- Consider seeking legal help if your claim is complex, involves serious injuries, or if your insurance company disputes your claim.
Be aware that Missouri law imposes time limitations on filing UM/UIM claims. The statute of limitations for most personal injury claims in Missouri is five years from the date of the accident (§516.120 RSMo), but your insurance policy may contain contractual deadlines that are much shorter.
Common Challenges With UM/UIM Claims
Insurance companies often scrutinize UM/UIM claims carefully, and you may face challenges such as:
- Disputes over fault: Your insurer may question who was at fault for the accident.
- Disputes over injuries: The insurance company might question whether your injuries resulted from the accident or pre-existing conditions.
- Valuation disputes: Disagreements about the value of your claim are common.
- Offset provisions: Your policy may contain provisions that reduce your recovery based on payments from other sources.
Having thorough documentation and, when necessary, legal representation can help overcome these challenges.
Insurance Stacking in Missouri: Maximizing Your Protection
“Stacking” refers to combining the limits of multiple insurance policies or coverages. Missouri is one of the states that generally allows stacking of uninsured and underinsured motorist coverage, unless your policy specifically prohibits it.
There are two main types of stacking:
- Intra-policy stacking: Combining limits for multiple vehicles covered under the same policy
- Inter-policy stacking: Combining limits from separate policies covering different vehicles
For example, if you have two vehicles each with $50,000 in UM coverage on the same policy, and your policy allows stacking, you could potentially access up to $100,000 in coverage after an accident with an uninsured driver.
The Missouri Supreme Court has generally favored allowing stacking of UM coverage when policy language is ambiguous, as seen in cases like Ritchie v. Allied Property & Casualty Insurance Co. However, insurance companies often include anti-stacking language in their policies to prevent this. Always review your policy carefully to understand your stacking rights.
How UM/UIM Coverage Works With Other Insurance
Understanding how UM/UIM coverage interacts with other types of insurance can help you maximize your protection:
- Health insurance: Your health insurance will typically cover your medical expenses regardless of who caused the accident, but you may still be responsible for deductibles, co-pays, and co-insurance. UM/UIM coverage can help cover these costs.
- Medical payments coverage: This optional auto insurance coverage pays medical expenses regardless of fault, usually with no deductible. It can complement your UM/UIM coverage by providing immediate payment for medical expenses.
- Collision coverage: While UM coverage in Missouri only applies to bodily injury, your collision coverage can pay for vehicle repairs after an accident with an uninsured driver, subject to your deductible.
Key Takeaways
- Uninsured motorist coverage is mandatory in Missouri with minimum limits of $25,000 per person and $50,000 per accident.
Underinsured motorist coverage is optional but valuable for protecting against drivers with insufficient insurance. - Nearly one in seven Missouri drivers is uninsured, making this coverage especially important in our state.
- Consider carrying higher limits than the minimum required, ideally matching your liability coverage limits.
- Missouri generally allows “stacking” of UM/UIM coverage unless your policy specifically prohibits it.
Act quickly after an accident with an uninsured or underinsured driver, as time limitations apply to these claims.
Frequently Asked Questions
What is the difference between uninsured and underinsured motorist coverage?
Uninsured motorist coverage protects you when the at-fault driver has no insurance at all. Underinsured motorist coverage applies when the at-fault driver has insurance, but their policy limits are too low to fully compensate you for your damages.
How do I know if I have UM/UIM coverage?
Check your auto insurance declarations page, which lists all coverages and limits on your policy. Uninsured motorist coverage will be included on all Missouri auto policies, while underinsured coverage is optional and will only appear if you’ve purchased it.
If I have health insurance, do I still need uninsured motorist coverage?
Yes. Health insurance doesn’t cover non-medical damages like pain and suffering, lost wages, or disability. Additionally, you may have deductibles and co-pays with your health insurance that UM coverage can help address.
Can I reject uninsured motorist coverage in Missouri?
No. Missouri law (§379.203 RSMo) requires all auto insurance policies issued in the state to include uninsured motorist coverage with minimum limits of $25,000 per person and $50,000 per accident.
Does uninsured motorist coverage in Missouri cover damage to my vehicle?
No. Missouri’s required uninsured motorist coverage only applies to bodily injury. For vehicle damage protection after an accident with an uninsured driver, you need collision coverage.
If I’m hit by an underinsured driver, do I have to exhaust their policy limits before using my UIM coverage?
Yes. In Missouri, UIM coverage typically requires you to exhaust the at-fault driver’s liability limits before your UIM coverage applies. Your UIM coverage then pays the difference between those limits and your total damages, up to your policy limits.
Can I stack my UM/UIM coverages in Missouri?
Missouri generally allows stacking of UM/UIM coverages unless your policy contains clear anti-stacking language. Review your specific policy to determine if stacking is permitted.
Where can I find the specific Missouri laws regarding uninsured motorist coverage?
The primary statute governing uninsured motorist coverage in Missouri is Section 379.203 of the Missouri Revised Statutes, which you can find at https://revisor.mo.gov/main/OneSection.aspx?section=379.203.
Protecting Your Rights After an Accident with an Uninsured or Underinsured Driver
Dealing with the aftermath of a collision involving an uninsured or underinsured driver can be complex and frustrating. Insurance companies often look for ways to minimize payments, even your own insurer when handling a UM/UIM claim.
At Noland Law Firm, LLC, we have substantial knowledge of Missouri’s insurance laws and have helped countless Missouri drivers recover the compensation they deserve after accidents with uninsured and underinsured drivers.
If you’ve been injured in an accident with an uninsured or underinsured driver in Missouri, contact us for a consultation to discuss your case. We can help you determine your coverage options, deal with insurance companies on your behalf, and fight for the full compensation you deserve under your policy.
Don’t let an uninsured driver’s irresponsibility leave you with mounting medical bills and lost income. Contact us today to protect your rights and financial future.
