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Uninsured Drivers No Longer Entitled to Pain and Suffering

Posted by Alvin Wolff | Sep 12, 2013 | 0 Comments

Uninsured drivers in Missouri, when injured through no fault of their own, are no longer entitled to non-economic damages when pursing a cause of action.

     Missouri House Bill 339 will be enacted after Missouri Governor Jay Nixon's veto was overridden by the Missouri State House of Representatives.  The text of the bill includes

303.390. 1. An uninsured motorist shall waive the ability to have a cause of action or otherwise collect for noneconomic loss against a person who is in compliance with the financial responsibility laws of this chapter due to a motor vehicle accident in which the insured driver is alleged to be at fault. For purposes of this section, the term "uninsured motorist" shall include:

            (1) An uninsured driver who is the owner of the vehicle;

            (2) An uninsured permissive driver of the vehicle; and

            (3) Any uninsured nonpermissive driver.

     The bill does have exceptions when a claimant can prove that the at fault driver was driving impaired.

     This new law wrongfully encroaches on the constitutionally guaranteed right to a trial by jury, limiting a claimant's potential recovery.  Effectively, the legislature is saying that they do not care if you are injured if you do not have insurance.

For more information on this bill, visit http://www.house.mo.gov/billtracking/bills131/biltxt/truly/HB0339T.htm .

About the Author

Alvin Wolff

Alvin has been in practice for nearly 40 years. During that time, he has handled over 7000 cases and claims and has tried over 100 cases to a jury verdict. Alvin handles all sorts of injury claims, from car crashes, medical malpractice, slip & trip & falls, to dog bites, incorrect prescri...

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