What if My Insurance Expires and I Get Into an Accident?
If you are injured in a car accident with expired insurance in Kansas or Missouri, it may still be possible to recover damages. But if and how you’ll be compensated depends on who caused the accident and whether it occurred in a state that uses a fault-based insurance system or a no-fault one. Learn more about your right to file an injury claim when your insurance has lapsed from the personal injury lawyers at Patterson Legal Group.
If You Caused the Accident in an At-Fault State
Most states, including Missouri, use fault-based car auto insurance systems. This effectively means that the car insurance company of the driver who caused an accident is responsible for compensating those who were injured or had their property damaged in the wreck. This includes the driver(s) of the other vehicle(s), plus any passengers.
If you were responsible for a motor vehicle accident in an at-fault state and your car insurance lapsed, you could be held personally responsible for the property damage, medical expenses, lost wages, and pain and suffering of those injured in the crash. However, if the accident occurred in Missouri, the other driver may seek compensation through their own policy’s uninsured (UI) and underinsured (UIM) motorist coverage first.
Missouri motorists are required by law to carry minimum UI/UIM coverage of $25,000 per person and $50,000 per accident, plus $10,000 for property damage. If the other driver exhausts all of their coverage, they may then choose to file a personal injury lawsuit against you as the at-fault driver. You would also be responsible for all of your own expenses stemming from the accident.
If Someone Else Caused the Accident in an At-Fault State
If you got into a car accident with expired insurance in an at-fault state and the accident was caused by another driver, you can still recover damages for your injuries. However, there will be limitations on the scope of compensation you can receive if the accident occurred in one of 12 “no pay, no play” states. Missouri is one such state with a “no pay, no play” statute (Revised Statutes of Missouri § 303.390).
Drivers who are uninsured cannot collect compensation from at-fault drivers or their respective insurers for non-economic losses such as pain and suffering. Injured victims may still recoup money for their hospital bills and lost wages, however. Exceptions for non-economic damages may be made only for uninsured motorists injured or killed in an accident caused by a driver who was under the influence of drugs or alcohol and/or convicted of involuntary manslaughter.
If You Caused the Accident in a No-Fault State
A handful of states use a no-fault car insurance system. Under this system, insurance companies reimburse their own customers for their injuries and property damage after a wreck, regardless of which driver caused the accident. If your auto insurance has expired and you caused an accident in a no-fault state such as Kansas, you will be responsible for your own medical bills and damage to your vehicle.
In general, the other driver(s) involved will file a claim with their car insurance company. They may be able to obtain compensation via their personal injury protection (PIP) coverage, uninsured or underinsured motorist coverage, collision coverage, or other types of optional add-on coverages such as medical payments (MedPay). However, should their injuries and losses exceed their insurance policy limits, it is possible that you can be held personally responsible for the property damage and bodily injury you caused.
If Someone Else Caused the Accident in a No-Fault State
In 2011, the Kansas Legislature passed its own “no pay, no play” law (Kansas Statutes Annotated § 40-3130) that makes you ineligible for non-economic losses if you don’t maintain PIP coverage on your titled automobile. If you were in a car accident with expired insurance and were not at fault for the crash, then you may still collect for your medical bills and your lost wages—but you will not be eligible to collect compensation for pain and suffering.
As with most laws, there are a few exceptions that might apply to you, and you may not be totally barred from recovering pain and suffering. Patterson Legal Group would be happy to review your case at no charge to see if you may still qualify for compensation.
Get a Free Consultation with Patterson Legal Group
Still have questions about obtaining a settlement after a car accident with expired insurance? We have answers. Patterson Legal Group would like to offer you a free, no obligation consultation regarding your accident. Even if your insurance lapsed and you’re not sure who’s at fault, our experienced personal injury lawyers can help you understand auto accident and insurance laws in your state and explain all your options.
To claim your complimentary case review and find out how much your case may be worth, call Patterson Legal Group at 888-687-2400 (Kansas) or 816-920-0000 (Missouri). Representatives are available 24/7 to take your call, as are our friendly LiveChat agents. You can also get in touch with us by filling out this case evaluation request form. There’s no fee unless we win your case, so contact us today!
