August 14, 2026 | Car Accidents, Compensation, Personal Injury
Being involved in a car accident can be a stressful and overwhelming experience. It becomes even more challenging when the other party does not have car insurance. However, if you’ve been injured or incurred significant damages in an accident with an uninsured driver, you may still have legal options to pursue compensation. We have created this guide to explore your options after you have been in an automobile accident with a driver that does not have insurance and the process of filing a lawsuit against them as well.
Before getting into the specifics of what your options are and how to sue an uninsured driver, we want to give you a brief overview of Missouri’s auto insurance laws and important information:
If you are able to take some time gathering information after an accident with an uninsured driver, some of the things you can do include:
After an accident, it is essential that you call 911 and seek medical attention for any injuries – no matter how minor the crash or the injuries. Having police on the scene to create a report and document the scene is a vital step in the process of receiving compensation after a car accident.
In some cases, if you are severely injured or simply in shock, you may not be able to complete all of the following steps. This makes it even more vital to have a police officer present so they can document the scene and gather the appropriate information.
Contact the authorities and file a police report. The report will provide an official record of the accident and may contain valuable details that can strengthen your case.
Take photographs of the accident scene, including the position of the vehicles, damage sustained, and any visible injuries. Obtain contact information from any witnesses present.
No matter how minor the injuries, you should always immediate medical attention for any injuries sustained in a car accident. Whether an ambulance tends to your injuries at the scene of the accident or you are taken to a hospital, getting medical attention is not only vital to your safety, but it will also help when filing a lawsuit against an uninsured motorist.
During this process, you should retain all medical records, including doctor’s notes, diagnoses, treatment plans, and bills related to your injuries.
Keep records of all expenses incurred as a result of the accident, such as vehicle repair bills, towing fees, rental car costs, and medical expenses. These documents will be essential in assessing the damages caused by the uninsured driver.
Additionally, you can report the uninsured driver to the Missouri Department of Revenue Drivers License Bureau. The Missouri Department of Insurance states,
The Missouri Department of Revenue enforces the financial responsibility (mandatory liability) laws in this state. They will investigate and, if necessary, enforce the statute. Also, if you were injured, you will want to report the loss under your uninsured motorist coverage with your company.
You can reach the Missouri Department of Revenue Drivers License Bureau by phone at 573-751-7195
Related: What is the average car accident settlement in Missouri?
After a car accident, you will need to notify your insurance company as soon as possible, even if the other driver is uninsured. Your insurance policy may include coverage for uninsured motorists, known as uninsured motorist coverage. This coverage is designed to protect you in situations where the at-fault party does not have insurance.
Your insurance company will guide you through the claims process and assess the extent of your damages. They may also initiate an investigation to determine liability and gather evidence. Remember to provide them with all the documentation you have collected, as it will support your claim for compensation.
The State of Missouri requires insurance providers to include Uninsured Motorist Coverage in their policies. This allows motorists to receive compensation for injuries sustained in a car accident. The minimum required liability amount for uninsured motorist coverage in Missouri is $25,000 per person and $50,000 per accident.
This covers costs relating to injuries to you and your passengers caused by an uninsured or hit-and-run driver. This does not, however, cover damages sustained to your vehicle or personal items in the vehicle.
In some cases, you may be involved in an accident where the other, at-fault driver’s insurance does not have a policy with enough insurance to fully cover the amount you need to cover all damages and expenses.
Luckily, there is an optional add-on you can choose to purchase with your car insurance policy that will make a difference in this instance. An add-on most car insurance providers offer is called “Underinsured Motorist Coverage“. You must carry at least double the at-fault person’s limit of coverage. So, consider a higher limit for underinsured coverage if you elect to carry this type of coverage.
Related: What car accident compensation can I receive?
If you were just hit by a driver with no insurance, you are far from alone. Missouri has seen one of the steepest increases in uninsured driving nationwide in recent years, and industry estimates put the state’s uninsured motorist rate at roughly 13 to 16 percent of all drivers on the road. Nationally, more than one in seven drivers, about 15.4 percent, were uninsured in 2023, and the rate has climbed steadily since the pandemic. Combined with drivers who carry only bare-minimum coverage, roughly one in three drivers on the road today is either uninsured or underinsured.
For Missouri drivers, that means roughly one out of every six to eight cars sharing the highway with you may offer zero financial protection if that driver causes a crash. It is one of the biggest reasons uninsured motorist coverage is not optional in Missouri, and why understanding your rights after a crash with an uninsured driver matters so much.
If you own more than one vehicle or carry more than one auto policy, you may be able to increase your available compensation through a practice known as stacking. Stacking allows you to combine the uninsured motorist limits from multiple vehicles or multiple policies into a single, larger pool of coverage.
Missouri courts have taken a favorable stance toward policyholders on this issue. The Missouri Supreme Court held in Shepherd v. American States Insurance Co. that anti-stacking provisions written into uninsured motorist policies are invalid as against public policy. In practice, this means insurance companies generally cannot use fine print to block you from stacking your uninsured motorist coverage across vehicles you own, even though stacking of underinsured motorist coverage still depends on the specific language of your policy. If you have multiple cars insured on the same policy, or separate policies covering different vehicles in your household, you may be entitled to significantly more compensation than a single policy’s stated limit.
This is one of the most misunderstood parts of an uninsured motorist claim. A typical Missouri personal injury claim must be filed within five years under RSMo 516.120. An uninsured motorist claim, however, is treated differently because you are not suing the at-fault driver directly. You are making a claim against your own insurance company under the terms of your policy, which Missouri courts classify as a breach of contract action rather than a personal injury lawsuit.
Because of this distinction, Missouri courts have repeatedly applied the ten-year statute of limitations for written contracts under RSMo 516.110 to uninsured motorist claims, rather than the shorter five-year injury deadline. That said, many insurance policies contain their own internal deadlines requiring you to file a claim or demand arbitration within a much shorter window, often two to five years from the date of the accident. These contractual deadlines are frequently litigated and are not always enforceable, but relying on the ten-year outer limit is risky. The safest approach is always to report your claim to your insurer promptly and speak with an attorney about your specific policy language well before any deadline approaches.
Unfortunately, if you an uninsured driver is at-fault in a car accident, there may not be a lot of ways you can force them to provide compensation. While legally, they will have consequences, even if you do file a personal injury lawsuit and win, there may not be much of a financial gain on your end.
Individuals who drive without insurance likely do so because they cannot afford it. Because of this, these drivers, in most cases, do not have many assets that can be used to compensate you for your injuries or property damage.
Luckily, there are other ways you can get compensation after a car accident:
As previously stated, your car insurance provider is required to include Uninsured Motorist Coverage in your policy. With this, you can receive up to $25,000 in compensation for injuries sustained due to the accident.
Since it is required to have auto insurance to purchase a vehicle, in many cases, the uninsured driver was driving someone else’s car when they were in the accident. In this case, you will be able to seek compensation from the owner of the vehicle’s insurance provider.
In Missouri, and many other states, there are programs in place to provide compensation to victims of accidents involving uninsured drivers. Research if your state offers any such programs and determines if you qualify for assistance.
One of Missouri’s programs is Tort Victim Compensation Fund. This program was created to help individuals who have been unable to receive full compensation for their injuries after being involved in an automobile accident caused by someone else’s recklessness or negligence.
In this case, you can file a Tort Victims Claim to see if you are eligible for compensation from the fund.
Yes. A police report is just as important, arguably more important, when the at-fault driver is uninsured. The report creates an official record establishing fault, which you will need when filing a claim under your own uninsured motorist coverage. Without it, your insurance company has far less to work with when evaluating your claim.
In most cases, no. Because the accident was not your fault, Missouri insurers generally cannot raise your premium or classify the claim as an at-fault incident simply because you used your uninsured motorist coverage. If you notice a rate increase after filing a no-fault claim, it is worth raising directly with your insurer or discussing with an attorney.
Hit and run accidents are treated the same as other uninsured driver accidents for insurance purposes. Missouri’s uninsured motorist coverage requirement specifically extends to hit and run drivers, since an unidentified driver is functionally the same as an uninsured one for claim purposes. The police report and any available witness statements or camera footage become especially critical in these cases.
You can, and in some cases it is still worth doing, particularly if a judgment could later be collected against wages, future assets, or property. However, as noted above, most uninsured drivers lack insurance because they lack the financial resources to pay for it, which often means a judgment against them personally yields little practical recovery. This is why pursuing your own uninsured motorist coverage, the vehicle owner’s policy if applicable, or state compensation programs is usually the more realistic path to compensation.
Uninsured motorist coverage in Missouri is specifically designed to compensate you for bodily injury, which includes medical expenses, lost wages, pain and suffering, and related damages caused by the crash. It does not cover damage to your vehicle or personal property. Vehicle damage from an uninsured driver is typically handled through your own collision coverage, if you carry it.
Without collision coverage, you generally have limited options for vehicle repair costs. Some Missouri drivers pursue a claim against the uninsured driver personally for property damage, though recovery is often difficult given the reasons discussed above. This is one of the strongest arguments for carrying collision coverage even though Missouri does not require it.
Most personal injury and uninsured motorist claims are handled on a contingency fee basis, meaning you pay no upfront cost and the attorney only collects a fee if you recover compensation. This allows injured Missourians to get experienced legal help navigating insurance company negotiations without added financial risk during an already difficult time.
Yes. Even though you are dealing with your own insurer rather than the at-fault driver’s, insurance companies still have a financial incentive to minimize what they pay out on uninsured motorist claims. An attorney can help make sure your claim is valued accurately, your policy’s stacking and coverage provisions are applied correctly, and any contractual filing deadlines are met.
Suing an uninsured driver can be a complex legal process, and it is advisable to consult with an experienced personal injury lawyer. A car accident attorney will help you navigate the legal system, protect your rights, and maximize your chances of receiving fair compensation.
While suing an uninsured driver directly may not result in immediate financial recovery, your attorney can help you explore other potential sources of compensation. This may include seeking judgments against the driver’s personal assets if they have any or researching state programs that offer assistance to victims of uninsured drivers. Additionally, if you have medical payments coverage as part of your insurance policy, it can help cover your medical expenses resulting from the accident.
During the initial consultation, the attorney will assess the strength of your case, review your evidence, and provide guidance on the best course of action. They will handle all legal aspects, including filing the necessary legal documents, negotiating with insurance companies, and representing you in court if the case goes to trial.
As St. Louis car accident attorneys, we can tell you with absolute certainty this is an important step in the process. An experienced lawyer will be able to help you understand all of your options and uncover the best ways to receive fair compensation.
Fill out the form below to schedule a free consultation with Craig
The Ortwerth Law Firm came to my rescue in my time of need. I would not have known how to proceed without their expert guidance. They were kind, caring, professional, and always available. I was fortunate to be able to work with them. Thank you.
My experience with Ortwerth Law was seamless. In my case, Craig had to take on a giant company, and handled everything professionally all the way to satisfactory closure. Craig was engaging, and faithful to keep me informed along the way. There is no one else I'd rather recommend.
I was in a car accident that was not my fault. Craig was absolutely amazing in handling my situation. He made the process painless and kept me in the loop for everything that was happening. I recommend Craig whole heartedly!!!!!
If you need legal representation, Ortwerth LLC is who I recommend. Communication, compassion and professionalism...
5 Stars Outstanding! I was always contacted and informed regarding my case. I did not have to go out of my way for anything. The process was very easy for me. Thank you
Craig was great and did a fantastic job for me. He is very professional and knew how to do his job. Craig is a very friendly, compassionate and understanding person. He answered all my questions and called to see how I was doing. I would recommend Craig to everyone. In my book he is an outstanding attorney.
Having Craig work on my case from beginning to end was the best decision I'd ever made! My case went on for 3 1/2 years and during that time i never had to worry about "bothering him or his staff with questions, or their patience in explaining what was going on or what I needed to do. They kept me and everyone involved informed and things went along smoothly! I hope to never have a case like this again, but if I do, there is absolutely NO doubt in my mind as to where I'd go and who I'd have to handle my case!! I highly recommend anyone to at least sit down for a consult. YOU WILL NOT BE DISAPPOINTED!! Great Job Craig (& Marcie!!)
Craig was AWESOME to work with!! If I had a question he had no problem taking my call or returning a call if he was busy. I literally did nothing except sign papers. He did everything for me and made the process of my workmans composition settlement stress free!!! Give Craig a call, I believe he will make you a very happy client like me!!
Brian McChesney is the BEST divorce lawyer I have ever experienced or come across. He goes out of his way to help, and has the best suggestive advice. I appreciate his integrity, valor, and honesty. I cant even begin to express my gratitude and thankfulness! Wonderful guy!-Laura
I grew up playing sports with Craig since grade school. Dedication, determination, and commitment lead to his success as an athlete and now leads him to be successful in law. When I was in a accident several years ago I called to ask for his help. He took care of all the legal tasks while I concentrated on physical therapy. I have recommended several of my friends and family to Craig and he has given them the same commitment and assistance. I endorse Craig and his firm for anyone needing legal service.
I’m so grateful that Craig Ortwerth and his office took on my car accident case. Craig was so easy to work with and he quickly replied back to any questions or concerns I had and explained every step to me. I felt such relief knowing I was in good hands and I didn’t have to worry about dealing with the insurance company so I could focus on healing from my accident.
Brian is an outstanding attorney! I had a pretty complicated divorce and it was not an easy time for me. Brian was thoughtful and empathetic to my situation. He wasn’t some cold attorney sitting across from me nodding his head. He was very responsive to any and all concerns I had, and never made me feel like a bother. He knows his profession and does it well. His prices are more than fair.
As the Office Manager at Healthcare Complete, I would highly recommend the legal services from Brian McChesney and Craig Ortwerth. We have routinely referred our personal injury patients in need of legal advice/representation to their firm, and our patients have ALWAYS been well represented and satisfied. On a personal level, I have been represented by their firm for a personal injury case and have been equally satisfied. I have referred family and friends to the firm for similar situations. Our office, Doctor and Staff hold the firm in high regard. Thanks for all you've done for us through the years!
This was the first time I have ever needed a lawyer. And Craig Ortwerth was refered by a friend he made this process easier than I could have ever imagined. All I had to do was sign a few papers and everything else he took care of. I'm so happy with the outcome and working with Craig was great.
Hands down this is the best firm in St.Louis! I have had the BEST experience at McChesney & Orthworth. I have worked with Brian who from day one of me walking into the office has provided the most humble counsel.Very professional. When stepping in this office I felt like they truly wanted to help me get the best care. I can't say enough about his firm. Truly amazing!! I would recommend this firm to others in a heartbeat! To all of you at McChesney & Orthworth law group, a sincere thank you!! Many Thanks! Brooke Hinkle
I had Craig ortwerth represent me for a workmans Comp case and I will say he did an amazing job was very easy to keep in contact with and he handled everything in the best way possible I am extremely happy with the settlement he got me I fully endorse his law firm nothing remotely negative to say
I have worked with Craig Ortwerth on a few different occasions. Each time I was very pleased with the out come. Everyone from the staff to the lawyers are nice, respectful and give excellent customer service.
Brain McChesney has represented and guided us through several legal matters over the past 15 - 20 years. We have found him to be knowledgeable, responsive, aggressive, reasonable, and trustworthy. We would not turn to anyone else in the future. I highly recommend him.
Brian McChesney saved my life and the lives of my four children. Exceptional person, exceptional attorney.
Brian works like it is own family and Craig never let me down
