Uninsured insurance bill before Missouri Senate
Obviously, there are a lot of people out driving on the roads of the state of Missouri that are insured. There is a new bill before the Missouri Senate, which i would be willing to bet was written by the insurance industry. Under this act, an uninsured motorist waives his or her ability to have a cause of action or otherwise collect for non economic damages or pain and suffering against a driver who is in compliance with Missouri Motor Vehicle Financial Responsibility Law due to a motor vehicle accident in which the insured driver at fault.
For purposes of the act, an uninsured motorists includes an uninsured driver who is the owner of the vehicle, an uninsured permissive driver of a vehicle, and any uninsured non-permissive driver.
The mandatory waiver of non economic damages imposed by the act shall not apply in cases where the accident was caused by a driver who was operating the vehicle under the influence of alcohol or drugs, or who is convicted of involuntary manslaughter or assault in the second degree. So basically, if the insured driver was drunk, then a pain and suffering component of damages could be claimed
The waiver of non economic damages shall not apply in instances where his or her insurance policy was nonrenewed or cancelled for nonpayment, unless the driver had received notice from the insurance company at least 30 days prior to time of the accident.
In legal actions against a person who is in compliance with Missouri’s financial responsibility laws, the person who has waived his or her rights under the act shall have his or her award reduced by the amount representing noneconomic damages. The jury would not be informed of the effect of the waiver on the person's total amount of recovery.
Passengers in an uninsured motor vehicle are not subject to the noneconomic recovery limitations set forth in the act (Section 303.390).
Proponents of the legislation claim to want to encourage everyone to be insured. Instead this act punishes people severely injured in an automobile accident they did not cause. The insurance company will not have to pay as much in claims. I do not want to promote the idea that people should operate a car, truck or motorcycle without carrying insurance, but is it really fair to limit the claims of the uninsured (poor) and injured?
