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In a Collision with an Underinsured Driver: What Are My Options?

It is estimated that roughly 14% of Missouri drivers are uninsured.

The law in Missouri is clear: all drivers are required to carry valid insurance. However, it is estimated that roughly 14% of Missouri drivers are uninsured, which can, unfortunately, lead to unpaid personal injury claims and high premiums for everyone in the entire state.

If you’ve been involved in an accident with a driver who doesn’t have insurance, it may be a difficult road toward getting damages for your injuries.

man and woman in st. louis car accident

Why It’s a Difficult Battle

Typically, if a driver doesn’t have insurance, it’s because they cannot afford it. Therefore, even if you sue them for negligence in a Missouri court and the judge decides they should award you damages, it’s possible they will not have the means to pay for it.

If you go the trial route, the judge may order the defendant to pay for your losses on a monthly basis. However, proving negligence is in itself a battle, as you’ll have to show the other driver’s reckless actions were a direct cause of the accident, and of your injury or damages. Showing this direct link may prove difficult in some cases, but with the help of an experiencedSt. Louis car accident lawyer, you could be successful.

Other Sources of Financing

If the other driver is uninsured, and you want to sue for personal injuries, the trial process can take some time to unfold. Depending on the circumstances of the case, you could be looking at a year of proceedings, which is very bad news for victims with medical bills piling up.

As such, you may be in need of other means to pay for your treatment costs. In these situations, you have two options. First, you could pay through your own auto insurance, which could even cover damages sustained on the vehicle. You’ll have to file a claim through the insurance company. Again, it’s advised to work with an attorney, even if it’s your own insurance company, just to be sure you get properly compensated.

Or, you can also cover some costs through any other health insurance policy you may have. However, this will not cover any damages sustained to the car or other property.

What Should You Do?

Cases involving uninsured drivers aren’t exactly a walk in the park. If you are in this situation, it is advised you contact an experienced St. Louis auto accident lawyer to discuss your options.

Speak With an Attorney

The particularities of your case will most likely point you in the direction you should take. Sometimes, the only way to get paid for your losses in these cases is by suing the other driver. However, if the other driver has no means of paying for damages, then even if you win the trial, it’s possible you won’t be receiving any money.  No matter what, your lawyer can help you figure out the best course of action for you. Give us a call 24/7 at (314) 361-4242 for a FREE Consultation.

Updated: October 6, 2021