Uninsured motorist, waiver of ability to collect noneconomic damages, when
If a driver does not have car insurance and gets into an accident with an insured driver, the uninsured driver gives up the right to collect money for pain and suffering from the insured driver. The uninsured driver can still collect money for actual financial losses like medical bills or lost wages. Passengers in the uninsured car are not affected by this rule, and the rule does not apply if the uninsured driver recently lost coverage only because they failed to pay and were not given at least six months notice before the accident.
*303.390. , of ability to collect noneconomic , when — inapplicability, when. — 1. An uninsured motorist shall the ability to have a or otherwise collect for against a person who is in with the of this chapter due to a motor vehicle accident in which the driver is alleged to be at . For purposes of this section, the term "uninsured motorist" shall include:
(1) An driver who is the owner of the vehicle;
(2) An uninsured of the vehicle; and
(3) Any uninsured .
2. The of this section shall not apply to an uninsured motorist whose immediately previous insurance policy meeting the requirements of section 303.190 was terminated or for failure to pay the , unless notice of or for failure to pay such premium was provided by such at least six months prior to the time of the accident.
3. In an against a person who is in compliance with the financial responsibility laws prescribed by this chapter by a person to have recovery under 1 of this section:
(1) Any in favor of such person shall be reduced by an amount equal to the portion of the award representing for ;
(2) The shall not be informed, directly or indirectly, of such waiver or of its effect on the total amount of such person's recovery.
4. Nothing in this section shall be to recovery against an alleged of benefits provided or coverage.
5. Passengers in the uninsured motor vehicle are not subject to such recovery .
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Source & history notes
(L. 2013 H.B. 339) *Effective 10-11-13, see § 21.250. H.B. 339 was vetoed July 3, 2013. The veto was overridden on September 11, 2013. **Section 565.060 was amended and transferred to section 565.052 by S.B. 491, 2014, effective 1-01-17. Section 565.052 does not contain the language which previously appeared in subdivision (4) of subsection 1 of section 565.060. (2018) Section providing that uninsured motorist waives ability to collect for noneconomic loss against person in compliance with financial responsibility laws violates right to jury trial under Missouri Constitution. Jiles v. Schuster Co., 357 F.Supp.3d 908 (W.D.Mo.).
Related Missouri laws
Title
RSMo 303.400
Definitions
RSMo 303.403
Database and fund created, purpose, administration
RSMo 303.406
Failure to maintain financial responsibility, notice, right to hearing
RSMo 303.409
Offenses, penalties
RSMo 303.370
Reporting by insurance companies, frequency, required information
RSMo 303.412
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