Last week, the Missouri Hose approve a veto override of legislation that would restrict lawsuits by uninsured motorists. The bill, which is now set to go to the Senate, would prevent drivers lacking insurance from collecting noneconomic damages from at-fault insured drivers. That restriction would not apply, though, in cases where the insured driver is under the influence of drugs or alcohol.
Those who support the legislation say it would prevent those who choose to drive without from insurance from increasing costs for the all drivers, but opponents say the penalties for driving without insurance are already sufficient. It will be interesting to see if that bill passes the senate in that state.
In auto accidents involving uninsured or underinsured motorists, of course, the focus is usually on how to get compensation for insured drivers injured by those driving without adequate insurance. This isn’t always easy. Insurance companies in Colorado are supposed to sell Uninsured/Underinsured Motorist Insurance with every policy unless the coverage is refused in writing. The law is very clear about that. Sometimes, however, insurance companies refuse to provide coverage due to some technicality or other mistake.
The purpose of insurance is to take over for the at-fault driver and pay the insured the same amount of damages they would have received from the at-fault driver’s insurance if they had been insured. Again, drivers can refuse such coverage, but uninsured motorist coverage is highly recommended to all Colorado residents, as there are so many drivers in the state who are either uninsured or underinsured.
Source: Claims Journal, “Missouri House Votes Override on Uninsured Motorists,” September 13, 2013.