Both Missouri and Kansas hold the driver who causes a motor vehicle crash financially responsible for the damages incurred by others involved in the accident. This means that victims frequently seek compensation from the responsible driver as well as his or her motor vehicle insurance policy. But what if you do not have car insurance? Can you still initiate a claim if you were injured in a crash?
Missouri’s “No Pay, No Play” Law
Individuals who operate motor vehicles in Missouri are required to carry motor vehicle insurance. Not following this law has substantial repercussions for everyone on the road. Missouri has a statute, which renders Missouri a “no pay, no play” state. Under the statute, if you are injured in an accident anywhere in Missouri and you lack car insurance, you may be prohibited from recovering full compensation for your injuries even if the other motorist was 100% at fault. An uninsured motorist cannot recover any non-economic damages related to a motor vehicle accident. This means that if you do not have insurance coverage, you cannot receive compensation for pain and suffering associated with your injuries. The only thing you can recover in this situation is the cost of your medical bills. Fortunately, many courts in Missouri have deemed this “no pay, no play” statute to be unconstitutional.
The law limits recovery even if a person does not own a vehicle and borrows an uninsured vehicle from someone else. Some exceptions exist to this law, however. For example, if you are struck by a driver who was under the influence of alcohol, you might still be able to pursue pain and suffering compensation after an accident.
Car Accidents Without Insurance in Kansas
If you are involved in an accident while driving without insurance in Kansas, you will be cited and face associated penalties for driving without insurance regardless of who is at fault for causing your accident. Consequently, it can be challenging to calculate how much compensation you can obtain if you are not at fault for causing a crash. You can be left vulnerable to costly medical and repair bills if an accident is not your fault.
Much like Missouri, Kansas is also a “no pay, no play” state, and uninsured motorists must pay a certain amount out of pocket before compensation for damages can be pursued from the driver who caused your crash. In Kansas, you cannot recover non-economic damages if you failed to carry the necessary personal injury protection before getting behind the wheel.
The Ramifications of the No Pay, No Play Laws
While all people who drive on the road should maintain auto insurance, the reality is that the poorest and most vulnerable among us often are those who cannot afford or otherwise obtain auto insurance. These laws are meant to deter people from failing to maintain auto insurance, but what they actually do is further disenfranchise and harm people by minimizing their recovery when they have been injured in a car accident. The result is unjust, which is why many of these laws have been found to be unconstitutional.
Speak With an Experienced Car Crash Attorney Today
If you are unsure how to obtain compensation following a crash, one of the best things that you can do is to speak with a knowledgeable attorney. Contact House Law LLC today to schedule a free case evaluation.