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Key Facts About Missouri’s No Pay No Play Law

 

Imagine that you’re quietly driving down a street in Missouri when another driver crashes into you. You’re injured and your car is totaled. But then you discover you may not be entitled to full compensation. Why? Because you didn’t have auto insurance.

Welcome to Missouri’s No Pay, No Play law. As a Missourian, this law dramatically affects your rights after an accident, even if you are not at fault.

Don’t be shocked by what you can’t claim in court after an accident. Read on to understand what the No Pay, No Play law means, who it applies to, and how it can impact your ability to recover damages.

Missouri No Pay No Play Statute: How Coverage Restrictions Work

Missouri enacted the No Pay No Play statute in 2013 to discourage driving without auto insurance. The law prevents uninsured drivers involved in an accident in Missouri from claiming non-economic damages, such as:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life

In No Pay No Play insurance laws, “no coverage” means the driver lacked auto insurance coverage at the time of the accident. 

Exceptions Under Missouri’s No Pay No Play Law 

There are a few exceptions to the No Pay No Play Missouri law. This means there are certain situations where the law will not apply, and uninsured drivers may still be entitled to non-economic damages.

These situations are:

  • The at-fault person was under the influence of alcohol or drugs when the accident happened.
  • The at-fault person is convicted of assault or involuntary manslaughter as a result of the accident.
  • The accident occurred within six months of the uninsured driver’s insurance being terminated for nonpayment of insurance premiums.

Uninsured and underinsured lawyers in Missouri can help you get maximum compensation if you or a loved one has been injured in a car accident due to another person’s recklessness or negligence.

Why You Can’t Afford to Go Uninsured

First and foremost, the Missouri Financial Responsibility law requires drivers in the state to carry the following minimum auto insurance:

  • Bodily liability coverage of at least $25,000 per person and $50,000 per incident
  • Uninsured motorist coverage for bodily injury of at least $25,000 per person and $50,000 per incident
  • Property damage coverage of at least $25,000 per incident

Driving without minimum auto insurance can lead to steep penalties, which include:

  • Fines
  • Suspension of your driver’s license
  • Points on your driving record that may result in higher future premiums

But there’s more!

With No Pay No Play, driving without insurance can make it impossible to claim full compensation when you’re involved in an accident. 

Can You Pursue a Claim Without Insurance?

The No Pay No Play law only limits what uninsured (no coverage) drivers can claim.

While an uninsured driver cannot claim non-economic damages like pain and suffering, they can still claim economic damages, such as:

  • Medical bills
  • Lost wages.
  • Property damage

The car accident attorneys of Royce Injury Lawyers have helped countless victims receive worthwhile compensation.

Has Missouri Seen an Uptick in Insured Drivers? Statistics and cases

The Missouri No Pay No Play was intended to reduce the number of uninsured motorists on Missouri roads. And research shows that No Pay No Play laws can reduce the uninsured motorist rate by approximately 1.6%. However, the effectiveness of the law in reducing uninsured motorists in Missouri is still a subject of debate.

Is the No Pay No Play Law Fair?

The No Pay, No Play law is one of the more controversial aspects of Missouri’s traffic and insurance regulations. Supporters argue that it promotes responsibility and reduces the number of uninsured drivers on the road. But critics say it is a harsh penalty that punishes victims rather than wrongdoers.

The main defenses for the law include:

  • Promotes financial responsibility. Supporters say it encourages people to comply with auto insurance requirements, knowing that they may be denied full compensation if they are noncompliant.
  • Reduces frivolous claims. Others say that by prohibiting non-economic damages, the law prevents inflated claims, and that this can help control insurance premiums for everyone.
  • Aligns with the “clean hands” legal principle. Some supporters say in many areas of law, you can’t sue for full damages if you’ve also broken the law. So, motorists who do not follow insurance laws by being uninsured shouldn’t expect full legal protection in court.

Common criticisms of the law are:

  • Penalizes the victim rather than the wrongdoer. Critics say it is not fair that someone who is seriously hurt by a reckless or negligent driver cannot receive full compensation because he or she does not have insurance at the time. 
  • Disproportionately affect low-income earners. Critics say the law effectively punishes poverty because many drivers are without insurance, not by choice but because they cannot afford it.
  • No real deterrent effect. Others say the law has been largely ineffective in achieving its goals (reducing uninsured drivers), as Missouri still has a relatively high uninsured motorist rate.

Constitutional Questions Surrounding the Law

The Missouri No Pay No Play auto insurance law has faced legal challenges, revolving around whether it infringes on a person’s right to a jury trial. 

For example, in Jiles v. Schuster Co. (2018), a federal court in the Western District of Missouri held that the statute “clearly and undoubtedly” violated the right to a jury trial. And in LaTonya Alexander v. Derrick Barth (2020), a St. Louis County court struck down the statute, finding that it unconstitutionally limited the jury’s role in determining damages, thus infringing upon the constitutional right to a jury trial.

However, in Hassell v. Howard (2020), a federal court in the Southern District of Missouri upheld the statute, saying it applies only in specific factual circumstances and does not interfere with the jury’s determination of damages. And in Bridegan v. Turntine (2023), the Missouri Supreme Court refused to address the constitutionality of the No Pay, No Play statute.

Next Steps for Missouri Drivers

With Missouri’s “no pay/no play” law, your rights in an accident are severely limited if you’re uninsured. You may want to check your auto insurance policy and ensure you have coverage.

If you’ve been involved in an accident in Missouri and are unsure of your rights, consult a personal injury lawyer right away. This is where Royce Injury Lawyers come in!

With over 65 years of combined experience and a proven record of successfully landing worthwhile compensation, we’re leading the personal injury claims field in Missouri and other states. 

Make no mistake, the car lawyers in Royce Injury Lawyers can be the difference between getting worthwhile compensation and facing financial devastation. Get a free consultation today and see how Royce Injury Lawyers can help you.

Jason Royce Allen

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