If you cause an accident while uninsured, you might find yourself on the hook for damages. But can being uninsured impact your ability to pursue compensation if you’re not at fault? If you live in Missouri, it might.
Missouri’s No Pay, No Play statute — also known as Missouri, RSMo. § 303.390 — is a controversial law meant to incentivize drivers to maintain proper insurance coverage. Under this statute, a driver who does not have car insurance may be barred from recovering non-economic damages if they are hurt in a car accident caused by someone else.
This means that while an uninsured driver will likely be able to recover compensation for medical bills and lost wages, they might not be able to sue for pain and suffering or other intangible damages. In this legal guide our experienced Missouri car accident lawyers take a closer look at Missouri’s No Pay, No Play statute and what it means for Missouri drivers.
What the Law Means for Drivers in Missouri
Missouri requires all drivers to have minimum liability insurance and uninsured motorist coverage. You must have at least this much liability insurance coverage:
- $25,000 bodily injury per person
- $50,000 bodily injury per accident
- $25,000 property damage per accident
You must also have this much uninsured/underinsured motorist coverage:
- $25,000 bodily injury per person
- $50,000 bodily injury per accident
- $10,000 property damage per accident
Driving without adequate insurance coverage is against the law, but about 10 years ago, the Missouri legislature determined that wasn’t enough of a deterrent. In 2013, Missouri introduced the No Pay, No Play statute.
Under this law, an uninsured driver who is injured in the state of Missouri generally may not sue for non-economic damages — even if they were not at fault at all.
Under the law, the term “uninsured driver” covers any of the following:
- An uninsured driver who owns the vehicle being driven
- An uninsured driver who is allowed to drive the vehicle
- An uninsured driver who is driving the vehicle without permission
For example, suppose that you are driving on a Missouri highway when a speeding driver hits you and pushes your car off the road. The car rolls over and you suffer serious injuries. You talk to a car accident attorney about filing a lawsuit for your lost wages, your medical bills, and the intense physical pain and emotional stress you’ve been under since the accident.
Given the circumstances of the crash, your attorney thinks you should have no trouble recovering these damages — until they ask about your insurance coverage. They tell you that because you weren’t insured at the time of the accident, you won’t be able to sue for physical pain or emotional stress, but you can likely recover compensation for your lost wages and medical bills.
Exceptions to Missouri’s No Pay, No Play Law
Like many laws, Missouri’s No Pay, No Play statute is not absolute. There are a few exceptions to the rule where you may be able to recover compensation for non-economic damages even if you are uninsured.
The At-Fault Driver Was Intoxicated
This is probably the most notable exception to Missouri’s No Pay, No Play statute. Driving while drunk, on drugs, or otherwise intoxicated is negligent enough that Missouri’s state legislature opted to allow uninsured accident victims to seek both economic and non-economic damages in insurance claims or lawsuits against intoxicated drivers.
The At-Fault Driver Was Convicted of Involuntary Manslaughter or Assault
Both assault and involuntary manslaughter are far more serious than an ordinary car accident. If the driver who hit you is convicted of either, you will likely be able to pursue compensation for both economic and non-economic damages even if you were uninsured at the time of the accident.
Your Insurance Lapsed Within the Last Six Months
If your insurance policy lapsed for non-payment within the past six months, you will generally be able to sue for both economic and non-economic damages. However, depending on the circumstances of your case, you may need your lawyer to help you prove to the court that your insurance lapse was recent.
You Reasonably Believed You Had Insurance Coverage
This is a related exception, but it can be a bit harder to prove. If you had a reasonable belief that you had insurance coverage at the time of the accident but it turned out you didn’t, you might still be able to sue for non-economic damages.
For example, suppose that you purchase car insurance through a relatively small insurance company. The insurer shuts down and doesn’t notify you — and you don’t find out until you go to file an insurance claim. Your lawyer could argue that you should still be able to recover economic and non-economic damages because your insurer did not tell you your insurance was going to lapse.
You Were a Passenger in an Uninsured Car
It’s important to note that No Pay, No Play doesn’t apply to passengers in vehicles involved in crashes. It only applies to uninsured drivers.
You Were Hit as a Cyclist or Pedestrian
You aren’t required to carry insurance to walk, run, or ride a bike. If you get hit by a car as a pedestrian or while riding a bike (and the accident wasn’t your fault), you should be able to sue for both economic and non-economic damages without any issue.
Why the No Pay, No Play Law Is So Controversial
There’s an ongoing debate in Missouri as to whether the No Pay, No Play law is constitutional. Those who argue that the law is unconstitutional believe that it violates uninsured accident victims’ right to a jury trial. Proponents of this argument often point to a Missouri Supreme Court case where the Court determined that putting a cap on non-economic damages in medical malpractice cases was unconstitutional.
In that decision, the Supreme Court stated that capping non-economic damages violated a victim’s right to a jury trial, so many apply the same logic to the No Pay, No Play statute.
However, many people in Missouri view the law as perfectly constitutional. They argue that when a person chooses to drive without the minimum required insurance coverage, they knowingly waive their right to sue for non-economic damages.
The debate around Missouri’s No Pay, No Play statute also addresses issues of fairness. Some people argue that it lets at-fault drivers off the hook if they injure uninsured drivers. Others point out that ultimately, insurance companies come out on top because they have to pay less in damages.
The Purpose of Uninsured Motorist Policies in Missouri
While the No Pay, No Play statute deals with uninsured drivers, it’s distinct from Missouri laws covering uninsured motorist insurance. All Missouri drivers are required to carry uninsured motorist insurance in addition to minimum required liability insurance.
If you’re hurt in a car accident and the at-fault driver has no insurance, you may file a claim against your own uninsured motorist coverage. Your insurance may pay for your medical bills, lost wages, damage to your vehicle, and possibly even pain and suffering.
If you get hurt in a hit-and-run accident and the at-fault driver can’t be found, you can also file a claim with your uninsured motorist policy. However, these policies won’t protect you if you were the one at fault for the accident.
Consult With Our Missouri Uninsured Motorist Accident Attorneys Today
If you’ve been injured by an uninsured motorist — or if you’re a driver who has suffered an injury while uninsured — you need an experienced attorney to maximize your chances of getting the compensation you deserve. The team at Beck & Beck Missouri Car Accident Lawyers is committed to helping injured drivers get the compensation they need to heal. Call us to set up your free consultation today.
