The Missouri Supreme Court is considering a case in which an uninsured motorist is seeking noneconomic damages from a driver who allegedly injured her.
Susan Bridegan sued Gary Turntine in Jackson County Circuit Court, accusing him of hitting her after he ran a red light, according to media reports.
However, a 2013 state law prohibits injured motorists from receiving noneconomic damages when they do not carry liability insurance.
“Missouri law requires all motor vehicle owners to maintain some type of motor vehicle liability insurance coverage,” said Scott Holeman, a spokesperson with the Insurance Information Institute (III). “Missouri residents are required to show proof of insurance when registering a motor vehicle or renewing their license plates.”
As previously reported in Missouri Lawyers Media, Judge John Torrence awarded Bridegan $10,737 to pay medical bills but stopped short of noneconomic damages because it required striking a law on the books.
“The unfortunate result of accidents involving drivers who don't have insurance is unpaid claims and higher insurance premiums for all people in their state,” Holeman told the St. Louis Record. “Because we don't lobby, it wouldn't be appropriate to make recommendations for changing any state law."
Bridegan argued before the Missouri Supreme Court on March 29 that under the Missouri Constitution, she has the right to a jury trial in order to determine damages.
The Missouri Supreme Court has yet to issue a decision.
“Large jury awards and class action lawsuits have produced what's called social inflation,” Holeman said. “This lawsuit abuse ultimately impacts how much policyholders pay for insurance coverage. It could also threaten the availability and affordability of insurance protection in an insurance market.”
The Missouri Association of Trial Attorneys and the Missouri Organization of Defense Lawyers filed opposing Amicus Briefs however at the hearing last month Missouri Supreme Court Judge W. Brent Powell noted that there had been no demand in the lower trial court for noneconomic damages.
“You may make very good points as to the merits of this issue, but is the issue even preserved?” Powell reportedly quipped.
The Missouri Association of Trial Attorneys' friend of the court brief supports striking the law because it does not allow a jury's review of noneconomic damages while the Missouri Organization of Defense Lawyers' brief argued against a common law cause of action for noneconomic damages for uninsured motorists.
"Triple-I has expressed concerns about how lawsuit abuse has negatively impacted the availability and costs of insurance products,” Holeman added.
"Excessive jury awards lead to dramatic increases in insurance claims losses. That leads to higher costs for every insurance customer.”