Underinsured versus Uninsured Drivers

St. Louis Personal Injury Attorneys

Legal Representation You Can Trust

Free Consultation

Guide To Car Accident With Underinsured And Uninsured Drivers

When we are involved in a car accident, the aftermath can quickly become stressful, especially if the person at fault does not have enough insurance, or any at all. This situation can leave us worried about how to cover the costs of injuries or repairs. Understanding our options and rights helps us stay prepared and better protected.

We work to ensure that you do not have to shoulder these burdens alone. Whether it is making use of your own insurance or taking steps to recover damages, we guide you through each part of the process. We aim to hold the responsible driver accountable and seek the compensation you deserve.

Understanding Uninsured and Underinsured Drivers

When we talk about uninsured drivers, we mean people who are behind the wheel without any auto insurance. Even though state law says all drivers must have liability insurance, some still drive without it. They may let their insurance lapse or never buy a policy at all. This puts others at risk if there’s a crash.

On the other hand, underinsured motorists have insurance, but their policies aren’t strong enough to handle all damages after a serious accident. For example, in Missouri, the minimum coverage for bodily injury sits at $25,000. If medical bills go beyond this amount, the rest may not be covered. This means that even with insurance, the injured party could be left with unpaid costs.

Here’s a simple table comparing the two:

Type Have Insurance? Coverage Enough? Uninsured No Not applicable Underinsured Yes Sometimes not enough Insurance companies offer policies that help protect us if we are involved in a crash with either type of driver. We may need to file a claim through our own policy to recover what the other driver can’t pay. For more about how these rules affect consumers, see uninsured and underinsured motorist coverage laws.

UM Insurance Coverage: Definition and Practical Details

Uninsured and underinsured motorist coverage (UM) helps us pay for expenses if we get hurt in a crash with a driver who has little or no insurance. In some states, this type of protection is required, while in others it is optional.

How UM Insurance Coverage Works:

  • We file a claim if we get injured by an uninsured or underinsured driver.
  • Our insurance may cover our expenses, no matter who was at fault.
  • Proof of injury and damages is needed for a successful claim.

When we look at car insurance, there are useful policy add-ons beyond what the law requires. These extra coverages can give us more financial security and peace of mind.

  • Collision coverage pays to repair or replace our vehicle if it’s damaged in an accident, no matter who caused it.
  • Medical payments coverage (MedPay) helps with medical expenses if we get hurt in a crash. It pays up to the limit we pick on our policy, and after that, we’re responsible for extra costs.
  • Uninsured and underinsured motorist coverage protects us if the other driver doesn’t have insurance or doesn’t have enough coverage. This helps fill in gaps a regular policy might leave.

Having proof of insurance with these options can make dealing with claims easier. We can usually add these features to our insurance policies at any time to increase our protection.

Covered Costs with Auto Insurance

Auto insurance helps us pay for many types of expenses after a car accident. Liability insurance can help with costs when we’re responsible for injuring others or damaging their property. Here is what our coverage may include:

  • Medical bills for injuries
  • Ongoing or future medical treatments
  • Lost wages from missing work
  • Repair or replacement of property
  • Compensation for pain, suffering, and emotional anxiety

These protections can also help if someone has a permanent injury or needs support for lasting effects. For more details, see how uninsured and underinsured motorist coverage works to help with medical costs and property damage.

Understanding Accident Responsibility Laws in Missouri

In Missouri, we operate under a fault system for car accidents. This means that when someone is injured in a crash, the person who is responsible—the at-fault driver—must cover the costs. This payment comes directly from the driver or from their liability insurance.

To get money for damages, we need to show proof that the other person was at fault. Once fault is proven, we may file an insurance claim with the at-fault party’s insurance company. This lets us recover expenses like repairs, hospital bills, and lost income.

Missouri’s comparative fault law also impacts how much compensation we can get. If we are partly at fault for the wreck, our payment is reduced. For example, if we are 20% responsible, we only get 80% of our total claim.

Fault Percentage Damages Covered 0% 100% 20% 80% 50% 50% This system aims to divide costs fairly based on each person’s actions in the accident. For more details on how Missouri handles these claims, see this explanation of comparative fault in Missouri.

What Should We Expect If We Decide to File a Lawsuit?

When we think about suing after a car accident, it’s important to know what we could receive and what limits exist. We can seek as much money as needed to cover financial losses, like medical bills, lost wages, and vehicle repairs. But when it comes to non-financial harms, such as pain or distress, the most we can claim in Missouri is $350,000.

Key Points to Remember:

  • No Limit on recovering economic damages
  • Maximum of $350,000 for non-economic damages
  • We have up to five years from the accident date to file a lawsuit

If we wait longer than five years, we likely lose the right to sue. Being aware of these rules helps us make informed choices about our next steps.

Frequently Asked Questions

Penalties for Driving Without Insurance in St. Louis

If we drive without valid car insurance in St. Louis, we can face several penalties. These may include fines, points on our driving record, and possible suspension of our vehicle registration or driver’s license. Repeat offenses usually lead to higher fines and longer suspensions.

What to Do If We Are in an Accident with an Uninsured Driver in St. Louis

If we are in a crash caused by someone who does not have insurance, we can report the incident to our own insurance company. Depending on our coverage, we may be able to file a claim under our uninsured motorist policy. It's also important to get as much information at the scene as possible and to file a police report.

Does Missouri Make Uninsured Motorist Coverage Mandatory?

Yes, Missouri requires us to have uninsured motorist coverage as part of our auto insurance policy. This coverage helps pay for injuries to us or our passengers if we are hit by a driver without insurance. Learn more about these requirements from uninsured and underinsured motorists policy and enforcement trends.

Proving the Other Driver Was Uninsured After an Accident in St. Louis

We can prove the other driver was uninsured by getting a copy of the police report and asking the officer to confirm the insurance status at the scene. If possible, we should collect any statements the other driver gives that admit they have no insurance.

Steps Immediately After an Accident with an Uninsured Driver in Missouri

-Stay calm and check for injuries. -Call the police to report the accident. -Exchange information and gather any witness contact details. -Take photos of the scene and damage. -Notify your insurance company quickly.