The Missouri General Assembly, by the smallest possible margin, has voted
to override Governor Nixon's veto of HB339. The bill, which will now
be codified as R.S.Mo. Section 303.390.1, is designed to severely limit
the ability of an uninsured motorist to recover damages if that person
is involved in an injury related
What Is A "No Pay, No Play" Statute?
By overriding the governor's veto and enacting this legislation, Missouri
joins a growing number of states that have adopted what is commonly known
as a "no pay, no play" statute. Pursuant to the statute, an
uninsured driver's ability to recover damages for pain and suffering,
after having been involved in a car accident, may be precluded against
an insured, at-fault driver. The legislation does contain some exceptions
to the general rule. For example, uninsured motorists will still be allowed
to recover if the other driver is found to have been
driving under the influence.
Such statutes demonstrate how difficult and complicated it can be to recover
personal injuries arising out of a car accident. The Montee Law Firm has been assisting
individuals injured in motor vehicle accidents for decades.
If you have been injured in a car accident and would like to
schedule a free consultation to explain your rights, feel free to call or e-mail.
The full language of 303.390.1 is set forth below:
303.390. 1. An uninsured motorist shall waive the ability to have a cause
of action or otherwise collect for noneconomic loss against a person who
is in compliance with the financial responsibility laws of this chapter
due to a motor vehicle accident in which the insured driver is alleged
to be at fault. For purposes of this section, the term "uninsured
motorist" shall include:
(1) An uninsured driver who is the owner of the vehicle;
(2) An uninsured permissive driver of the vehicle; and
(3) Any uninsured nonpermissive driver.
Such waiver shall not apply if it can be proven that the accident was caused,
in whole or in part, by a tort-feasor who operated a motor vehicle under
the influence of drugs or alcohol, or who is convicted of involuntary
manslaughter under subdivision (2) of subsection 1 of section 565.024,
or assault in the second degree under subdivision (4) of subsection 1
of section 565.060.
2. The provisions of this section shall not apply to an uninsured motorist
whose immediately previous insurance policy meeting the requirements of
section 303.190 was terminated or nonrenewed for failure to pay the premium,
unless notice of termination or nonrenewal for failure to pay such premium
was provided by such insurer at least six months prior to the time of
3. In an action against a person who is in compliance with the financial
responsibility laws prescribed by this chapter by a person deemed to have
waived recovery under subsection 1 of this section:
(1) Any award in favor of such person shall be reduced by an amount equal
to the portion of the award representing compensation for noneconomic losses;
(2) The trier of fact shall not be informed, directly or indirectly, of
such waiver or of its effect on the total amount of such person's recovery.
4. Nothing in this section shall be construed to preclude recovery against
an alleged tort-feasor of benefits provided or economic loss coverage.
5. Passengers in the uninsured motor vehicle are not subject to such recovery