Hit by an Uninsured Driver in St. Louis: Your Rights and Options

At the scene, exchange insurance information with the other driver. If they say they do not have insurance, have no proof of insurance, or their policy has lapsed, write down their full name, home address, phone number, driver's license number, and license plate number. This information is essential because you cannot rely on an insurance company to identify or locate them later.

Do not assume the other driver is telling the truth about their insurance status. Some drivers carry insurance but do not have their card. Others claim they have insurance when they do not. The police report will typically note whether the other driver provided proof of insurance. Your own insurance company will verify the other driver's coverage status as part of the claims process.

Call police to the scene. A police report is especially important in uninsured driver accidents because it creates an official record of the crash and the other driver's information. In St. Louis City, call 911 for injuries or (314) 231-1212 (SLMPD non-emergency) for non-injury crashes. In St. Louis County, contact county police at (314) 615-5000 or the relevant municipal department.

Uninsured motorist (UM) coverage pays for your injuries when the at-fault driver has no liability insurance at all. Underinsured motorist (UIM) coverage pays when the at-fault driver's liability limits are too low to cover your damages. Missouri's minimum liability insurance is only $25,000 per person (Mo. Rev. Stat. §303.020) — a single ER visit and surgery can easily exceed that amount. UIM coverage fills the gap between the at-fault driver's limits and your actual damages, up to your own UIM policy limit.

Missouri law requires every auto insurance policy to include UM coverage unless the policyholder specifically rejected it in writing (Mo. Rev. Stat. §379.203). If your insurer cannot produce a signed written rejection, you have UM coverage by default. This is a powerful consumer protection. Check your declarations page or call your agent to confirm your UM/UIM limits. Many Missouri drivers carry UM/UIM limits that match their liability limits — if you have 100/300 liability, you likely have 100/300 UM/UIM.

When you file a UM claim, you are filing against your own insurance company. Your insurer steps into the shoes of the uninsured driver's insurer. The process is similar to a third-party claim, but there are key differences: your own insurer has a contractual obligation to deal with you in good faith under Missouri law, and disputes over UM/UIM claims can be resolved through arbitration if your policy includes an arbitration clause.

Notify your insurance company about the uninsured driver accident as soon as possible. Most policies require prompt notice as a condition of UM/UIM coverage. Provide your insurer with the police report, the other driver's information, photos of the scene and vehicle damage, and your medical records. Your insurer will investigate the crash and the other driver's insurance status.

Keep in mind that your own insurer, while owing you a duty of good faith, still wants to pay as little as possible. They may use the same tactics that a third-party insurer would: requesting recorded statements, disputing the severity of your injuries, or arguing comparative fault to reduce your payout. You have the right to consult with an attorney before giving a recorded statement, and you should do so.

If your UM/UIM claim is denied or the settlement offer is inadequate, you have options. Many UM policies include binding arbitration clauses. You can also file a lawsuit against your own insurer for breach of contract or bad faith if they fail to handle your claim fairly. Missouri recognizes the tort of bad faith refusal to pay insurance claims (Zumwalt v. Utilities Ins. Co.).

You have the legal right to sue the uninsured driver in court for the full amount of your damages. Missouri's 5-year statute of limitations (Mo. Rev. Stat. §516.120) applies. The practical challenge is collecting a judgment from someone who does not carry insurance — they may lack the assets to pay.

However, a lawsuit makes sense in certain situations: the uninsured driver owns property, has significant income, or has other assets that can satisfy a judgment. Missouri allows wage garnishment and asset seizure to enforce court judgments. A judgment in Missouri is enforceable for 10 years and can be renewed. Even if the driver cannot pay now, their financial situation may change.

If both UM/UIM recovery and a direct lawsuit are options, your attorney can pursue both simultaneously. The UM claim provides immediate compensation for your injuries, while the lawsuit against the uninsured driver can recover amounts that exceed your UM limits or cover damages not included in the UM claim, such as punitive damages.

See a doctor within 24 hours of the crash, even if you feel fine. Some injuries — particularly whiplash, concussions, and soft tissue injuries — do not produce symptoms for 24 to 72 hours. The medical record from your initial visit links your injuries to the accident on the same day. Insurance companies (including your own UM insurer) will use gaps in treatment to argue your injuries are unrelated to the crash or not serious.

For serious injuries, St. Louis has Level I trauma centers at Barnes-Jewish Hospital (BJC) in the Central West End and SSM Health St. Louis University Hospital in Midtown. For less severe injuries, visit your primary care doctor or an urgent care clinic. Follow your doctor's treatment plan completely — missed appointments and discontinued treatment hurt your claim.

Keep detailed records of every medical expense, every appointment, and every day of work you miss. If the uninsured driver has no assets and your UM limits are modest, thorough documentation maximizes your recovery from every available source.

Beyond UM/UIM coverage and a direct lawsuit, other recovery sources may exist. If the uninsured driver was operating a vehicle owned by someone else, the vehicle owner may be liable. If the uninsured driver was working at the time of the crash, their employer may be responsible. If a defective vehicle part caused or worsened the crash, the manufacturer may be liable. If a poorly maintained road or missing signage contributed to the accident, a government entity could bear some responsibility.

Missouri's pure comparative fault rule (Mo. Rev. Stat. §537.765) applies to all of these claims. Your recovery is reduced by your fault percentage but never eliminated. This is a significant advantage over states that bar recovery at 50% or 51% fault.

Want to understand your options after being hit by an uninsured driver in St. Louis? Take our free 2-minute assessment. We will evaluate your UM/UIM coverage situation, identify all potential recovery sources, and connect you with a St. Louis-area attorney who handles uninsured motorist claims. The assessment is free and confidential.