Uninsured Motorist Accidents in Missouri: What a Car Accident Attorney Wants You to Know

Understanding Uninsured Motorist (UM) Coverage in Missouri

🚗 In Missouri, like many states, drivers are legally required to carry auto insurance. However, the reality is that many drivers either choose to drive without insurance or carry only the bare minimum required by law. This leaves responsible drivers vulnerable if they're involved in an accident with an uninsured or underinsured motorist. That's where Uninsured Motorist (UM) coverage comes in. UM coverage is a crucial part of your own auto insurance policy that protects you and your passengers if you're injured in an accident caused by a driver who doesn't have insurance, or whose insurance coverage is insufficient to fully compensate you for your damages.

Why Uninsured Motorist Coverage Matters in Missouri

Missouri has a concerning rate of uninsured drivers. When you consider the potential costs associated with a car accident – medical bills, lost wages, vehicle repairs, and pain and suffering – being hit by an uninsured driver can create significant financial hardship. Without UM coverage, you might be left to pay these costs out of pocket, even though you were not at fault for the accident.

Missouri's UM Coverage: Key Aspects

• ⚖️ Mandatory Offering: In Missouri, insurance companies are required to offer UM coverage to their customers. However, you have the option to reject it in writing.
• 💰 Coverage Limits: UM coverage limits typically mirror your liability coverage limits. It's generally advisable to carry UM coverage limits that are equal to or greater than your liability coverage.
• 🚑 Covers Bodily Injury: UM coverage primarily covers bodily injury damages, including medical expenses, lost wages, pain and suffering, and other related costs. It doesn't typically cover vehicle damage, which would fall under Uninsured Motorist Property Damage (UMPD) coverage (more on that later).

What to Do After an Accident with an Uninsured Driver in Missouri

🚨 Knowing what steps to take immediately following an accident with a potentially uninsured driver can significantly impact your ability to recover compensation. Here's a breakdown:

1. Ensure Safety: Check yourself and your passengers for injuries. If anyone is injured, call 911 immediately.
2. Contact the Police: Always report the accident to the police. A police report provides an official record of the accident and can be crucial for your insurance claim.
3. Gather Information: Obtain as much information as possible from the other driver, including their name, contact information, vehicle information (make, model, license plate number), and insurance information (if any). Even if they claim to be uninsured, it's important to document this. Also, get contact information from any witnesses.
4. Document the Scene: Take photos and videos of the accident scene, including vehicle damage, injuries, and any relevant road conditions.
5. Seek Medical Attention: Even if you don't feel immediate pain, it's crucial to seek medical attention as soon as possible. Some injuries, like whiplash, may not manifest symptoms right away. A medical professional can properly diagnose and document your injuries.
6. Notify Your Insurance Company: Promptly notify your insurance company about the accident. Cooperate with their investigation, but be cautious about providing recorded statements without first consulting with an attorney.
7. Consult with a Car Accident Attorney: Before accepting any settlement offer from your insurance company, it's highly recommended to consult with a Missouri car accident attorney. An attorney can help you understand your rights, evaluate the full extent of your damages, and negotiate with the insurance company to ensure you receive fair compensation.

Making a UM Claim in Missouri: The Process

File UM claim requires specific approach. Here is detailed process:

1. Claim Initiation: After reporting the accident to your insurance company, they will provide you with the necessary forms to file a UM claim.
2. Investigation: Your insurance company will investigate the accident to determine fault and confirm the other driver's uninsured status. This may involve reviewing the police report, interviewing witnesses, and obtaining medical records.
3. Negotiation: Once the investigation is complete, you or your attorney will negotiate with the insurance company to reach a settlement agreement. This process may involve submitting demand letters, providing supporting documentation, and engaging in settlement discussions.
4. Arbitration or Lawsuit: If you and the insurance company cannot agree on a settlement amount, your policy may require you to enter into arbitration. In arbitration, a neutral third party will review the evidence and make a binding or non-binding decision. If arbitration is unsuccessful, you may need to file a lawsuit against the uninsured driver to pursue your claim in court.

Damages You Can Recover Through UM Coverage in Missouri

💰 UM coverage can compensate you for a variety of damages resulting from the accident, including:

• 🏥 Medical Expenses: This includes past and future medical bills related to your injuries, such as doctor's visits, hospital stays, physical therapy, and medication.
• 💸 Lost Wages: You can recover lost wages if you were unable to work due to your injuries. This includes both past lost wages and future lost earning capacity.
• 🤕 Pain and Suffering: You are entitled to compensation for the physical pain and emotional distress you experienced as a result of the accident.
• ♿ Permanent Impairment: If you suffered a permanent injury or disability, you can recover compensation for the impact on your quality of life.
• ⚱️ Wrongful Death: In the unfortunate event that a loved one is killed in an accident with an uninsured driver, the surviving family members can file a wrongful death claim to recover damages such as funeral expenses, loss of consortium, and loss of financial support.

Uninsured Motorist Property Damage (UMPD) Coverage in Missouri

🚗 While UM coverage primarily focuses on bodily injury, Uninsured Motorist Property Damage (UMPD) coverage is designed to cover damage to your vehicle caused by an uninsured driver. However, UMPD coverage in Missouri has specific limitations.

• Limited Availability: UMPD coverage is not always available in Missouri. Some insurance companies may offer it, while others may not.
• Deductible: UMPD coverage typically comes with a deductible, which is the amount you must pay out of pocket before the insurance company covers the remaining damages.
• "Hit-and-Run" Requirement: In some cases, UMPD coverage may only apply if the uninsured driver is a "hit-and-run" driver who cannot be identified.

If you're concerned about damage to your vehicle caused by an uninsured driver, you should inquire with your insurance company about the availability of UMPD coverage and carefully review the policy terms and conditions.

Strategies for Maximizing Your UM Claim in Missouri

💪 To increase your chances of obtaining a fair settlement in your UM claim, consider these strategies:

• Gather Comprehensive Evidence: Collect all relevant documentation, including police reports, medical records, photos of the accident scene, and witness statements.
• Document Your Damages: Keep detailed records of all medical expenses, lost wages, and other out-of-pocket costs related to the accident.
• Obtain Expert Opinions: If your injuries are severe or complex, consider obtaining expert opinions from medical professionals or economists to support your claim.
• Understand Your Policy: Carefully review your auto insurance policy to understand the terms and conditions of your UM coverage.
• Negotiate Strategically: Be prepared to negotiate with the insurance company and present a strong case for your damages.
• Be Aware of Time Limits: Missouri has a statute of limitations for filing personal injury lawsuits, including UM claims. It's crucial to consult with an attorney as soon as possible to ensure your claim is filed within the applicable deadline.

The Role of a Missouri Car Accident Attorney in a UM Claim

🤝 Navigating the complexities of a UM claim can be challenging, especially when dealing with insurance companies. A Missouri car accident attorney can provide valuable assistance throughout the process:

• Case Evaluation: An attorney can evaluate the merits of your claim and advise you on your legal options.
• Investigation: An attorney can conduct a thorough investigation of the accident to gather evidence and build a strong case.
• Negotiation: An attorney can negotiate with the insurance company on your behalf to ensure you receive fair compensation.
• Litigation: If a settlement cannot be reached, an attorney can file a lawsuit and represent you in court.
• Peace of Mind: Hiring an attorney can alleviate the stress and burden of handling a UM claim on your own, allowing you to focus on your recovery.

Common Mistakes to Avoid in a Missouri UM Claim

⚠️ Avoiding these common mistakes can protect your rights and maximize your chances of a successful outcome:

• Delaying Medical Treatment: Seeking prompt medical attention is crucial for both your health and your legal claim.
• Providing Recorded Statements Without Counsel: Insurance companies may try to obtain recorded statements from you, but it's best to consult with an attorney first.
• Accepting a Quick Settlement: Don't accept the first settlement offer without carefully evaluating the full extent of your damages.
• Failing to Document Everything: Keep meticulous records of all expenses, communications, and other relevant information.
• Missing Deadlines: Be aware of the statute of limitations and other important deadlines.

The Importance of Carrying Adequate UM Coverage

🛡️ While it's impossible to predict when you might be involved in an accident with an uninsured driver, carrying adequate UM coverage is a proactive step you can take to protect yourself and your loved ones. When choosing your coverage limits, consider the potential costs associated with a serious car accident and ensure that your UM coverage is sufficient to cover those expenses.

Beyond Insurance: Other Potential Avenues for Compensation

🕵️‍♀️ While UM coverage is a primary source of compensation in these cases, there might be other avenues to explore:

• Personal Injury Protection (PIP): Although Missouri doesn't mandate PIP, if you have it, it can cover medical expenses and lost wages, regardless of fault.
• Med-Pay Coverage: Similar to PIP, Med-Pay covers medical expenses regardless of fault, up to the policy limits.
• Suing the Uninsured Driver: While often impractical if the driver has no assets, you can still pursue a judgment against them. This might become relevant if they later acquire assets.
• Underinsured Motorist (UIM) Coverage: If the at-fault driver has insurance, but their limits are insufficient to cover your damages, UIM coverage can kick in.
• Employer's Insurance: If you were driving for work purposes when the accident occurred, your employer's insurance policy might provide coverage.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.