The Hoffmann Law Firm, L.L.C. Articles The Driver Who Hit Me Has No Insurance!

The Driver Who Hit Me Has No Insurance!

By Christopher Hoffmann  Jan. 9, 2015 1:59p

Although Missouri law mandates motor vehicle insurance for every vehicle, there are drivers who drop their insurance because of financial constraints. The threat of losing their license is not enough to force uninsured drivers to maintain proper vehicle insurance. According to the Insurance Research Council, the national average for uninsured motorists is about 13 percent, while in Missouri it’s slightly higher at 14 percent.

Anyone who is injured in an accident caused by the negligence of an uninsured motorist is faced with many challenging questions. Who will pay the compensation? Can I recover the damages from my own insurance company? Do I need to sue the other person to recover my damages? Do I need to pay for all expenses out of pocket? In this post, our St. Louis car accident attorney will explain the basics of claims involving an uninsured motorist.

How Uninsured Motorists Claims Work

In Missouri, almost all motor vehicle insurance policies include uninsured motorist coverage of $25,000. Under Missouri law, an uninsured motorist is a driver who does not carry any insurance or an unidentified negligent driver. If you have been injured in a hit and run accident and the negligent driver is never identified or found, that person would be termed an uninsured motorist under Missouri law.

After you have been in a car accident with an uninsured motorist, your claim for damages is against your insurance company and not the other driver. It is based on the contract you have signed with your insurance company and is known as an uninsured motorist claim.

Right of Subrogation

It might not seem right or just to the victim that his or her insurance company has to pay for damages that were caused by the negligence of another person. Principally, it is the wrongdoer who should be made to pay and not the victim’s insurance company. This can be explained using a legal concept known as right of subrogation. In simple words, right of subrogation means that your insurance company has the right to sue on your behalf any person who may have caused the damages. If the insurance company deems it right to file a lawsuit and recovers damages from the party at fault, it is the duty of the insured person to cooperate in every manner.

The decision to sue or not is primarily a business decision. If the insurance company finds that the negligent party has any assets that can be used to pay for the damages, they will file a lawsuit against them. However, if they think that it is not worth pursuing, they will drop it.

Uninsured motorist claims can become very complicated, and the victim might find it very hard to prove the claim. It is necessary to seek the legal help of a competent St. Louis car accident attorney to recover maximum possible compensation for your losses. Contact The Hoffmann Law Firm, L.L.C. at (314) 361-4242. We have the required knowledge and skills to negotiate with the insurance company and will insure that your rights as a consumer and accident victim are protected.

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