Uninsured motorist claim – trial by jury

Free Insurance Quote Comparison

 Secured with SHA-256 Encryption

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: May 22, 2017

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Insurance Question from Camp Pendleton, CA

Asked on 05/22/2017

Uninsured motorist claim – trial by jury My daughter was rear-ended while stopped at a stoplight by a driver who did not have insurance and she suffered brain injury. Her insurance was the minimum for Missouri but her expenses are greater than her coverage. If her lawyer were to take the case to court, could the jury decide on a settlement greater than her policy limits?Also, she lives in Missouri but the accident happened in Kansas, should the case be convened in Missouri or in Kansas?

Answer given on May 25, 2017

If your daughter was injured in an auto accident and the other driver who caused the accident has no insurance, your daughter’s car insurance will only pay up to the limit for uninsured/underinsured driver and, if she has medical payments coverage it will also pay under that portion of the auto insurance policy.

If you want to go to court for an additional settlement, it lawsuit will have to be against the driver who was uninsured.  Your daughter’s insurance policy cannot be made to pay an additional amount above the policy limits. Your daughter chose the amount if insurance she wanted to purchase and higher limits were available. 

It is most likely a lawsuit against the other driver should be filed in the state where the accident happened but you would need to talk to an attorney about that.  That is a legal question and does not fall under insurance questions.


IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and FreeAdvice.com AS IS. It has not necessarily been reviewed by the management staff of FreeAdvice.com nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although FreeAdvice.com has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on AttorneyPages.com to represent you.

Free Insurance Quote Comparison

Enter your ZIP code below to compare cheap insurance rates.

 Secured with SHA-256 Encryption