Uninsured insurance bill before Missouri Senate

Posted on April 6, 2009 by Jason Krebs

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?

 

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How the bad economy can make your Personal Injury claim even more painful

Posted on January 6, 2009 by Jason Krebs

 We have been busy here at The Krebs Law Firm LLC.  I meant to discuss this important article in the Wall Street Journal some time ago.  It is an interesting write up and discussion about the ripple effect of the current economic woes.  

Missouri requires Uninsured Motorist coverage in all polices, unfortunately most people only opt for the minimum coverage of $25,000/$50,000.  My advice, buy as much Uninsured (UM) and Under Insured Motorist (UIM) coverage as your agent will allow you.  The insurance companies have figured this out and will typically make you increase your liability coverages to an equal amount.  Go ahead and do it to the maximum level you can afford.  I not promoting the insurance industry, but very often this is the only source of funds that you have any chance of recovering from in the event that you are injured by a driver with no insurance or with very little coverage.

Does this mean that your insurance will pay you no questions asked, absolutely not.   We have numerous cases in our office were we are fighting our own client's insurance company and not the negligent driver that caused the car crash, but the alternative is much more grim.  In this day and age with spiraling health care costs, an ambulance ride can easily top $1,000.00.  By the time every doctor and nurse that walks by your room bills you, a short hospital stay of 2 or 3 days can run in excess of $50,000.00.  This says nothing of pain and suffering and lost wages from work.

"A good proportion of people on the road are either uninsured or under insured, and so you have to protect yourself," said Robert Hartwig, president of the Insurance Information Institute, a nonprofit group. "Your odds of being in an accident with an uninsured driver are substantial."

Preliminary data from the council's forthcoming study "indicate that a single percentage point increase in the unemployment rate is associated with a half-point increase in the percentage of uninsured drivers," said David Corum, council vice president. The nation's jobless rate was up two percentage points to 6.7% in November from a year earlier.

If you or someone you love has been involved in a car crash accident involving a Uninsured or Under Insured Motorist in the Springfield, Branson, Lebanon, Southwest Missouri Northwest Arkansas area, contact The Krebs Law Firm LLC for a free consultation regarding your injury claims before you negotiate with your insurance company.  Very often your own adjuster will form an opinion of your case that may not be accurate and value your claim incorrectly.

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