Missouri uninsured motorist insurance for falling objects

Posted By Kansas City Personal Injury Attorney || 26-Nov-2011

Under Missouri law, if you have auto liability coverage than you also have, at a minimum, $25,000 in Missouri uninsured motorist coverage. An uninsured motorist is a driver with no insurance, but also an unidentified negligent driver is also considered an uninsured motorist. Examples are hit and run drivers or sometimes where a object hits your vehicle while on the highway. Such as a piece of equipment falling from a truck.

In Hale v. American Family Mut. Ins. Co., 927 S.W.2d 522 (Mo.App.1996), the Missouri driver was injured when a rock flew through his windshield and hit him in the head. The rock came from the other lane of traffic and apparently came at a low trajectory. The plaintiff brought a claim for Missouri UM benefits against his insurer under the Missouri personal injury res ipsa loquitur doctrine.

The injured driver was able to pursue the Missouri UM claim because his Missouri injury lawyers were able to show sufficient evidence to support the inference that the rock had come from between the wheels of a dual-wheeled vehicle. That is a known danger of such vehicles, there was evidence presented that a careful and prudent driver would check his vehicle for lodged rocks before driving it and would avoid striking a rock of that size in the roadway.