Legal Question in Civil Litigation in Missouri

Re: Sueing Insurance Company

The judge is correct. You are not allowed to sue the insurance company for the other driver in Missouri. And, if you can't find the other driver, you will have problems filing suit at all. Your own uninsured motorist coverage will have to pay if the other driver can not be found, but this won't cover damage to your vehicle. Your comprehensive/collision coverage will have to be tapped to pay for your car damage. This will affect your insurance rates most likely, but you have no other remedy that I can think of.

Re: Sueing Insurance Company

You do have to sue the individual, not his insurance company. But just because someone is not easily found doesn't mean they can't be found. We work with a private investigator who can track down pretty much anyone. Once you get the other individual served, he has to come to small claims court and defend. If he fails to do so, then you could win by default. Since you know there is an insurance policy, it would be possible to garnish that policy if the defendant couldn't or wouldn't pay you.

There is also a provision under MO law where the defendant can't renew his plates until he pays off your judgment, but it is sometimes difficult to make work.

I would hire a PI to find the defendant, and then sue him in Small CLaims Court. If that doesn't work, then I'd hire an attorney and let the attorney get 'em.