SB 748 - Under this act, an uninsured motorist waives his or her ability to have a cause of action or otherwise collect for noneconomic damages against a driver who is in compliance with Chapter 303 due to a motor vehicle accident in which the insured driver is alleged to be at fault. For purposes of the act, an uninsured motorists includes an uninsured driver who is the owner of the vehicle, an uninsured permissive driver of a vehicle, and any uninsured non-permissive driver.
The mandatory waiver of noneconomic damages imposed by the act shall not apply in cases where the accident was caused by a driver who was operating the vehicle under the influence of alcohol or drugs, or who is convicted of involuntary manslaughter or assault in the second degree.
The waiver of noneconomic damages shall not apply in instances where his or her insurance policy was nonrenewed or cancelled for nonpayment, unless the driver had received notice from the insurance company at least 6 months days prior to time of the accident.
In legal actions against a person who is in compliance with Missouri's financial responsibility laws, the person who has waived his or her rights under the act shall have his or her award reduced by the amount representing noneconomic damages. The jury shall not be informed of the effect of the waiver on the person's total amount of recovery.
Passengers in an uninsured motor vehicle are not subject to the noneconomic recovery limitations set forth in the act (section 303.390).
This provision is similar to the one contained in SCS/SB 335 & 16 (2009).
STEPHEN WITTE