Suing an at-fault uninsured driver in Missouri is an option that many accident victims consider, but whether it is worth pursuing depends on several important factors. Missouri law requires every driver to carry liability insurance and mandates uninsured motorist (UM) coverage in auto insurance policies. This UM coverage protects drivers if an uninsured or hit-and-run driver injures them. When the other party is uninsured, filing a claim under your own uninsured motorist policy is often the primary path to compensation for medical bills, lost wages, and pain and suffering.

If the uninsured driver is identified and financially able, victims may choose to file a personal injury lawsuit directly against the at-fault driver to recover damages beyond insurance limits or if the insurance claim is denied. However, many uninsured drivers have limited assets, and successfully collecting damages through litigation can be difficult or impossible. Missouri’s “no pay, no play” law, although repeatedly challenged in court, restricts uninsured drivers from recovering non-economic damages, reflecting the legislature’s intent to discourage uninsured driving. However, this law does not directly affect victims suing uninsured drivers.

Another consideration is the availability and limits of your uninsured motorist coverage. Missouri requires a minimum of $25,000 per person and $50,000 per accident for UM bodily injury coverage. If damages exceed these limits, suing the uninsured driver may be necessary to pursue additional compensation, but only if the driver has the ability to pay. Insurance claims also require thorough documentation, including police reports, medical records, witness statements, and proof that the other driver lacked insurance.

Filing a lawsuit against an uninsured driver can be complex and costly, particularly if the driver has limited financial resources or is difficult to locate. Victims should carefully consult with a Missouri personal injury attorney to evaluate the economic status of the at-fault driver, the strength of evidence, and the relative merits of pursuing uninsured motorist benefits versus litigation. In many cases, working with your insurance company and focusing on UM claims may be the most practical approach to obtaining timely compensation after an accident with an uninsured motorist.

In summary, suing an at-fault uninsured driver in Missouri is legally possible, but it can be financially risky. The decision depends heavily on the driver’s ability to pay damages and your uninsured motorist policy’s available coverage. Victims should seek the advice of a skilled lawyer to navigate these options and maximize their recovery.

Navigating a claim can be complex and time-consuming. Consulting with an experienced law firm ensures that victims and their families can gather the right evidence, work with experts, and advocate for maximum compensation. Gunn | Slater provides valuable, comprehensive insight into personal injury cases and has recovered millions of dollars in compensation for their clients. 

If you or someone you know suspects that they have a personal injury case, do not hesitate to contact the attorneys at Gunn | Slater for effective and personalized consultation.