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Title XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION

  Chapter 303back to chapter 303

  *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.

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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.).


< end of effective 11 Oct 2013 >

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