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CategoriesWhat to Do After a Crash if the Other Driver is Uninsured
Being involved in a car accident is stressful enough, but the situation becomes even more complicated when the other driver is uninsured. In Missouri, dealing with an uninsured driver can make claiming compensation challenging, but understanding your rights and the necessary steps can help you receive compensation for medical bills, lost wages, and other damages.
Learn what to do after a collision with a driver who doesn’t have Missouri’s required insurance and how our Missouri car accident lawyers from Cofman Townsley can help.
The Prevalence of Uninsured Drivers
In 2018, the Missouri Department of Insurance reported that 13.7% of vehicles lacked mandatory liability coverage, with St. Louis at 11.5%. By 2022, the percentage of uninsured drivers in Missouri rose to 16%, ranking the state 14th in the nation for the number of uninsured motorists.
These drivers pose a significant risk to other road users. Without the financial ability to cover damages or injuries they cause in an accident, they can leave victims bearing the financial burden.
Missouri Insurance Requirements
Missouri law requires drivers to carry liability insurance to cover damages they may cause in an accident. The minimums for this policy are:
- $25,000 bodily injury per person
- $50,000 bodily injury per accident
- $25,000 for property damage
Missouri also mandates that all auto insurance policies include Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage. This coverage is included in the policy unless explicitly waived and must meet the following minimums:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
UM coverage compensates for bodily injury caused by an uninsured driver, while UIM coverage applies when the at-fault driver’s insurance is insufficient to cover the damages.
How UM/UIM Coverage Works
UM claims are similar to liability insurance claims but handled through your own insurance, rather than the other driver’s. Below is an overview of how they work and the compensation you can receive:
- Filing a Claim: If you’re in an accident with a driver who has no insurance or insufficient coverage, you file a claim with your insurance company instead of the other driver’s insurer.
- Coverage Assessment: Your insurance company reviews the claim to determine if the other driver is at fault and to what extent they are uninsured or underinsured. An adjuster verifies the accident details and assesses the damages and injuries incurred.
- Compensation: UM/UIM coverage can compensate you for damages and injuries that would typically be covered under the at-fault driver’s liability insurance, including:
- Medical expenses
- Future medical care
- Lost wages
- Lost earning capacity
- Pain and suffering
- Property damage
- Settlement: Once your insurer confirms the other driver’s liability and the extent of your coverage, they can offer a settlement to cover your losses up to the limits of your UM/UIM policy.
- Arbitration or Lawsuit: If you disagree with the settlement offer or the coverage decision, you may have the option to negotiate further, go through arbitration, or file a lawsuit against your insurer for a higher damage award.
Immediate Steps to Take After the Accident
Although your insurance handles UM/UIM claims, there are specific steps you must follow to protect your rights and secure maximum compensation. Here’s what you should do after a collision:
- Call for Help: Immediately call 911 to report the accident and request medical assistance. A police report documents the incident and will be necessary for your insurance claim.
- Document the Scene: Gather as much information as possible at the accident scene. Take photographs of the vehicles, any visible injuries, and the surrounding area. Collect contact information from witnesses and note the uninsured driver’s details, including their name, contact information, and license plate number.
If they flee the scene and it becomes a hit-and-run, you can still file for UM coverage.
- Seek Medical Attention: Even if you feel fine, seek medical attention as some injuries, like a concussion, may not be immediately apparent. Prompt medical documentation will also support your insurance claim.
- Consult a Car Accident Attorney: Speak with a car accident attorney to help you through the UM/UIM claims process, negotiate your settlement, and address any legal complications. Our experienced attorneys at Cofman Townsley can represent your interests, explain your policy, and help you receive fair compensation under your UM/UIM coverage.
Contact Us Today for Legal Representation
A collision with an uninsured driver can leave you feeling vulnerable, but it doesn’t mean you can’t get compensation for your injuries. If you were injured by someone without proper liability coverage, contact Cofman Townsley for a free consultation. We’ll review your case, explain your legal options, and guide you through the process of securing financial support for your damages and injuries.