No Play, No Pay statutes in Missouri and Kansas
As we all know, maintaining auto insurance is important for many reasons. If you are struck by an uninsured driver and do not have uninsured motorist coverage, it may be impossible to recover your damages. In both Kansas and Missouri, if you do not have auto insurance the “NO PAY, NO PLAY” laws, adopted by both states severely restrict your ability to recover your damages for pain and suffering, even if the at-fault driver is insured.
Such statutes demonstrate how difficult and complicated it can be to recover compensation for personal injuries arising out of a car accident. If you have been injured in a car, motorcycle or truck accident contact attorney Russ Purvis at Tieman, Spencer & Hicks, LLC, for a free consultation.
The full language of each of the relevant Missouri and Kansas statutes is set forth below:
- 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.
- 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.
- 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.
- Nothing in this section shall be construed to preclude recovery against an alleged tort-feasor of benefits provided or economic loss coverage.
- Passengers in the uninsured motor vehicle are not subject to such recovery limitation.
40-3130. Automobile accidents; recovery of noneconomic damages, limitations on; exceptions.
(a) Any person who, at the time of an automobile accident resulting in injuries to that person, is required but fails to maintain personal injury protection benefits coverage mandated by the Kansas automobile injury reparations act, article 31 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto, shall have no cause of action for recovery of noneconomic loss sustained as a result of an accident while operating an uninsured automobile. The provisions of this subsection shall not apply and a cause of action for noneconomic loss may be maintained if the court finds by clear and convincing evidence that the person bringing the cause of action did not knowingly at the time of the accident drive a motor vehicle that was without personal injury protection benefits coverage mandated by the Kansas automobile injury reparations act. The provisions of this subsection shall not apply to any person who at the time of an automobile accident has failed to maintain coverage for a period of 45 days or less and who had maintained continuous coverage for at least one year immediately prior to such failure to maintain coverage.
(b) Any person who is convicted of, or pleads guilty to, a violation of K.S.A. 8-1014 or 8-1567, and amendments thereto, or a similar violation of law in another state or an ordinance of any city, or resolution of any county, in connection with an accident, shall have no cause of action for recovery of noneconomic loss sustained as a result of the accident.
(c) The provisions of this section shall apply to a cause of action arising on and after the effective date of this act.
History: L. 2011, ch. 59, § 1; July 1.