Legal Question in Traffic Law in Missouri

Leaving scene of accident, no insurance

I had recently bought a new to me car, and was actually on my way to the insurance office to sign the paperwork for my car. I was switching insurance companies, so I wasn't covered for this car under my new insurance company yet. I was rear-ended by someone going at a pretty high rate of speed for us being in traffic, causing me to hit another car. I know it's wrong, but I freaked out and left the scene of the accident. I wasn't injured, but my car is totalled. What can I do to make this right? I would like to have the other gentlemen's insurance pay for my vehicle, but I'm worried that by leaving I ruined any chance of that happening. Also- with me hitting another vehicle, am I responsible being the fact that I was moved about 5-7 feet into the other car.


Asked on 10/25/03, 8:59 pm

2 Answers from Attorneys
Tad Morlan Tad K. Morlan, Attorney at Law

Re: Leaving scene of accident, no insurance

FIRST, THIS IS A MESSY SITUATION. SECOND, IT WILL BE DIFFICULT TO RECOVER FOR YOUR LOSS. YOU COULD BE LIABLE FOR THE OTHER CAR. HOWEVER, YOUR PRIOR INSURANCE MIGHT COVER IT. LSOA IS A 12POINT CHARGE. YOU MIGHT LOSE YOUR LICENSE FOR A YEAR OR MORE. LAST, GET AN ATTORNEY!!!

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Answered on 10/26/03, 5:58 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Leaving scene of accident, no insurance

Your facts indicate several different legal problems. First, if anyone got your license plate number or any other identification, then there may very well be a warrant out for your arrest for "leaving the scene". If I were you I would want to check this out as quickly as possible. If there is in fact a warrant, you should hire an attorney who may be able to get the warrant cancelled or at least help you though the process. Next, if you want to try to make things right on the civil side, then there may be a police report on the accident from which you can obtain the information on the other parties involved. The fact that you were driving without insurance does not effect the liability of the driver who rear-ended you, nor, technically, does the fact the you left the scene. so, you should be able to make a claim against that driver's insurance company for the damage to your car. By the way, I would check with your insurance carrier to be sure about your coverage, or lack of it. Finally, the fact that your car then hit another car may subject you to a claim from theat driver for personal injuries or property damage or both. If you did not have insurance coverage, then the state of Missouri can suspend your driver's license. The effect of this can be avoided in many cases by making a deal with the injured party to compensate him or her for the injury or damages caused by you. Of course, the fact that your car was forced into the next car by the first car enters into it, but that fact does not by itself relieve you from all potential liability. If you do need to make a settlement with the car you hit, then there is a form contract or affidavit that the other driver signs and files with the Department of Revenue so that you will get to keep you license. In any event if you need legal assistance you may call me for a consultation at 314-727-2822.

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Answered on 10/26/03, 6:16 pm


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