As personal injury lawyers in Kansas City, we handle hundreds of car crash cases per year. These cases range from minor fender benders to devastating wrecks caused by commercial motor vehicles. To maximize the recovery for our car crash clients, we attend continuing legal education classes and seminars dedicated to car crash cases. We strive to stay one step ahead of our competition, especially insurance companies defending car crash cases. Here are a few new developments in car crash cases.
Missouri’s “No Pay No Play” Statute
Missouri’s “no pay no play” statute remains in effect. Enacted in 2013, Sec. 303.390 of Missouri’s statutes prohibits a car crash victim from getting compensation for pain and suffering damages if they did not have their own car insurance. While trial courts routinely refuse to enforce the statute on the basis of its unconstitutionality, the Missouri Supreme Court recently rejected the opportunity to rule on the issue. Bridegan v. Turntine, No. SC99700, 2023 Mo. LEXIS 184 (Mo. 2023). Therefore, the law remains in effect for the time being.
Driving Data Trackers
Driving data trackers continue to proliferate. Most modern cars are equipped with black box like devices called event data recorders. These devices records certain information if it detects a crash. The data can then be downloaded and used in your car crash case. In addition to these devices, many people now have apps on their phones that track their driving habits. These apps are used by insurance companies or parents to monitor driving habits. The information from these apps can be subpoenaed and used in a car crash case.
The Tort Victim’s Compensation Fund
The Tort Victim’s Compensation Fund (TVCF) has become a viable option when you’re hit by someone without insurance. The Fund provides compensation for people hurt by someone else’s negligence when there is no insurance, up to a certain amount. This includes people hurt in car crashes. Typically, we would decline any car crash case when there’s no insurance. However, with the TVCF, these cases are compensable.
If you’ve been hurt in a car crash and would like to learn more about the most recent developments in car crash law, please contact my firm. We have years of experience handling car crash cases in the Kansas City area and can help you maximize your recovery.