Effective - 11 Oct 2013
*303.390. Uninsured motorist, waiver of ability to collect noneconomic damages, when — inapplicability, when. — 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 the accident.
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 limitation.
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(L. 2013 H.B. 339)
*Effective 10-11-13, see § 21.250. H.B. 339 was vetoed July 3, 2013. The veto was overridden on September 11, 2013.
**Section 565.060 was amended and transferred to section 565.052 by S.B. 491, 2014, effective 1-01-17. Section 565.052 does not contain the language which previously appeared in subdivision (4) of subsection 1 of section 565.060.
(2018) Section providing that uninsured motorist waives ability to collect for noneconomic loss against person in compliance with financial responsibility laws violates right to jury trial under Missouri Constitution. Jiles v. Schuster Co., 357 F.Supp.3d 908 (W.D.Mo.).
Structure Missouri Revised Statutes
Title XIX - Motor Vehicles, Watercraft and Aviation
Chapter 303 - Motor Vehicle Financial Responsibility Law
Section 303.010 - Title of law.
Section 303.020 - Definitions.
Section 303.022 - Applicability of certain state statutes to motor vehicle liability policies, when.
Section 303.039 - Effective date for sections 303.025 and 303.041.
Section 303.044 - Proof of financial responsibility required for reregistration.
Section 303.045 - Records, where kept — destroyed, when.
Section 303.050 - Security, form and amount — reduced, when.
Section 303.051 - Judgment-creditor entitled to notice of security held.
Section 303.060 - Security deposited with director of revenue — used to pay judgment — return.
Section 303.070 - Operator not subject to security and suspension provisions, when.
Section 303.080 - Where operator has no license or is nonresident, procedure.
Section 303.090 - Report of failure to satisfy judgment — procedure as to nonresident.
Section 303.110 - Suspension not lifted or license renewed, when — effect of bankruptcy.
Section 303.120 - Judgments deemed satisfied, when.
Section 303.130 - License continued on order allowing installment payment of judgment, when.
Section 303.140 - License suspension lifted, when.
Section 303.160 - Proof of financial responsibility, how given.
Section 303.170 - Proof of responsibility by insurance certificate.
Section 303.175 - Motor vehicle liability policy, minimum term, exceptions.
Section 303.179 - Alteration, production or sale of invalid insurance card, misdemeanor.
Section 303.180 - Proof of responsibility by nonresident by insurance certificate, accepted when.
Section 303.190 - Motor vehicle liability policy, contents.
Section 303.210 - Notice of cancellation of insurance to be given director.
Section 303.220 - Certificate of self-insurance — cancelled, when.
Section 303.230 - Surety bond as proof of responsibility.
Section 303.240 - Cash deposit as proof of responsibility.
Section 303.250 - Owner may give proof for employees or family members.
Section 303.260 - Substitution of one proof of responsibility for another.
Section 303.270 - Director may require different proof, when.
Section 303.280 - Release of proof and waiver of proof, when.
Section 303.290 - Director's duties — regulations — judicial review.
Section 303.300 - Driver's records available upon request.
Section 303.310 - Report and decision to be no evidence of negligence — may be evidence, when.
Section 303.315 - Copies of suspension orders, constitute evidence.
Section 303.320 - Vehicle not registered until bona fide transfer.
Section 303.330 - License and registration returned to director, when.
Section 303.340 - Law not to apply to certain automobile insurance policies.
Section 303.350 - Chapter not applicable to government or common carriers.
Section 303.360 - Not to operate retrospectively.
Section 303.370 - Offenses, penalties.