What To Do If You’re In a Car Accident Without Insurance But Not At Fault In Missouri

Driving without insurance is a serious offense in Missouri. You’ll face limited ability to claim damages and legal penalties if you’re in an accident without insurance.
Written by Katherine Duffy
Reviewed by Shannon Martin
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You could face severe consequences if you find yourself in a car accident in
Missouri
without insurance. You can file a claim through the other driver’s insurance company, but you’ll be limited to only collecting payment for economic losses. Plus, you’ll face steep legal penalties for
driving without insurance
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What to do if you’re in a car accident without insurance in Missouri and not at fault

Every driver in Missouri is
required to have liability insurance coverage
before operating a motor vehicle, so if you drive without insurance, you’re committing a crime that could land you in a precarious legal situation. Here’s what to do if you’re in a
car accident in Missouri and don’t have insurance
First things first: don’t leave the scene of the crash. You may think that since you don’t have insurance, leaving the crash is the best way to avoid legal consequences. But by doing this, you’re leaving the other driver helpless and running the risk of incurring massive fines, damages, and possible jail time. Here’s what could happen if you leave the scene of a crash you’re involved in: 
  • $2,000 fine and up to one year of jail time for a class A misdemeanor (minor accident) 
  • $10,000 fine and up to four years of jail time for a class E felony (crash causing physical injury and property damage)
  • $10,000 fine and up to seven years of jail time for a class D felony ( crash causing a death)
Considering these steep penalties and in the interest of maintaining the other driver's safety, remain calm and stay at the crash scene. If you can, drive your car to the edge of the road and check yourself and others for any injuries. Call 911 if necessary and exchange your information with the other driver, including your driver’s license number and license plate. 
You should also thoroughly document the accident scene with photos or videos. Down the line, this evidence can help prove that you weren’t at fault. If there are witnesses who pulled over, make sure you ask them about what they saw and ask if you can record their names and phone numbers. 
If you were not at fault in this accident and the at-fault driver has insurance, you can file a claim with their insurance company, even without your own coverage. In the event that the at-fault driver is also uninsured, you can take action against them for damages such as medical bills. 
But, your ability to collect damages as an uninsured driver in Missouri has limits because of its “No Pay, No Play” legal rule. This rule stipulates that uninsured drivers can’t collect non-economic damages. But what exactly does this mean? 
While you may be able to receive compensation for damages that have a clear dollar value, such as medical bills or damaged property, you can’t receive damages for your pain and suffering or long-term health conditions from the crash. 
There are a few exceptions to this rule. If the at-fault driver was under the influence of alcohol or drugs, or if the driver committed involuntary manslaughter or assault during the crash, you may be able to claim non-economic damages. If you find yourself in this position, you should speak to a lawyer to determine the best course of action for your specific case. 

Who decides fault in a car accident in Missouri? 

This question depends on whether or not an insurance company is involved. If one or both drivers are insured, the documentation in your claim will help the insurance company determine who is at fault. If the police arrive at the scene, any tickets or official statements may help support your claim, but the decision is ultimately left to the insurance company. 
If one or both drivers do not have insurance and an insurance company is left out, liability, or fault, is determined by a court. The plaintiff and defendant will enter their evidence during the trial proceeding, and the judge will ultimately decide who is the at-fault driver and what damages should be awarded.

Do you need to report a car accident in Missouri? 

Not necessarily. Thankfully, it’s pretty easy to figure out whether or not the accident needs to be reported. You must report the accident if: 
  • It happened less than a year ago
  • It involved an uninsured driver, AND
  • Caused property damage of more than $500, or someone was injured or killed 
If your accident fulfills these criteria, you’ll have to report it to the Missouri Driver License Bureau within 30 days of the accident. Filing a police report does not satisfy this criteria, although it is strongly recommended to call the police and file a report if the car crash is anything more than minor. 

What if you’re at fault? 

Because Missouri is a comparative negligence state, you’ll be financially responsible for your portion of the other driver’s damages, and that driver can file a lawsuit against you to recover these damages if you are without insurance. 

What if you’re hit by an uninsured driver in Missouri? 

What happens if the other driver involved in the accident has no insurance coverage, but you do? Thankfully,
Missouri requires uninsured motorist coverage
to be a part of all car insurance policies for just this reason. This kind of insurance provides coverage for accidents with uninsured motorists to cover your medical expenses. The minimum uninsured motorist coverage in Missouri is $25,000 per person, up to $50,000 per accident, but you can purchase higher limits. 
If your damages exceed your uninsured motorist coverage, you’ll need to take action against them in court for any additional medical bills as well as property damage and pain and suffering.
You can further protect yourself from uninsured drivers with
medical payments (MedPay)
coverage. This kind of insurance coverage ranges from $1,000 to $10,000 in Missouri, and covers all eligible medical treatments related to your accident. And if you have a policy that includes
collision coverage
, you’ll be able to file a claim with your insurance company for vehicle repairs. 
According to the Insurance Information Institute (III), about 16.4% of Missouri drivers were uninsured in 2019. This means you have close to a two in 10 chance of being in an accident with someone who doesn’t carry liability insurance. With those odds, it’s worth arming yourself with uninsured motorist, MedPay, and collision insurance. 

Penalties for driving in Missouri without insurance 

While you can receive damages after a car accident that wasn’t your fault if you don’t have insurance, you’ll face steep legal penalties for driving without insurance in Missouri.
First offense
Second offense within two years
Third offense within two years
Charged with class D misdemeanor
Revocation of driver’s license, registration, and license plates for 90 days
Revocation of driver’s license, registration, and license plates for one year
Revocation of driver’s license, registration, and license plates suspended until proof of coverage is shown
Show proof of insurance and pay $200 in reinstatement fees
Show proof of insurance and pay $400 in reinstatement fees
$20 reinstatement fee
Possible 15 days in jail and/or a $500 fine
Possible 15 days in jail and/or a $500 fine
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 If you were insured at the time but didn’t have proof with you, you can appeal your charge to reduce or eliminate the fine and penalties. Bring your ticket and
proof of insurance
(usually in the form of a Missouri Insurance Identification Card) to a court clerk, and they may dismiss your ticket. You’ll have to pay a court administration fee of $25 to $75, but you’ll get rid of this ticket on your record. 

Minimum required car insurance in Missouri 

In Missouri, all drivers must have at least the state-required liability limits of 25/50/10, which looks like this: 
While these are the required minimums, they certainly aren’t recommended. This low liability coverage mostly covers damage to other people and cars involved in an accident you’re at fault for, and with the high cost of medical treatment these days, the money doesn’t go too far. It also provides no coverage for yourself, any of your passengers, or your vehicle. 
Most experts recommend going beyond those minimum limits and purchasing higher limits of $100,000 per person, $300,000 per accident for bodily injury liability, and $100,000 for property damage liability. These limits will keep you protected in most situations and are surprisingly affordable.

Driving without insurance can increase premiums 

While it’s not a legal consequence, you may feel the effects of driving without insurance for years by paying wildly expensive
car insurance premiums
. Violations and accidents on your
Missouri driving record
can cause your insurance premiums to soar.

How to find cheap car insurance in Missouri 

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