303.030. Operator's license suspended on failure to give security for payment of damages after accident, burden of proof for challenging determination--exceptions--insurance accepted.
Operator's license suspended on failure to give security for paymentof damages after accident, burden of proof for challengingdetermination--exceptions--insurance accepted.
303.030. 1. If within twenty days after the receipt of a report of amotor vehicle accident within this state which has resulted in bodilyinjury or death, or damage to the property of any one person in excess offive hundred dollars, the director does not have on file evidencesatisfactory to him that the person who would otherwise be required to filesecurity under subsection 2 of this section has been released fromliability, or has been finally adjudicated not to be liable, or hasexecuted a duly acknowledged written agreement providing for the payment ofan agreed amount in installments with respect to all claims for injuries ordamages resulting from the accident, the director shall determine theamount of security which shall be sufficient in his judgment to satisfy anyjudgment for damages resulting from such accident as may be recoveredagainst each operator or owner. Any person challenging the director'sdetermination shall have the burden of proving he or she was not at fault.
2. The director shall, within ninety days after the receipt of suchreport of a motor vehicle accident, suspend the license of each operator,and all registrations of each owner of a motor vehicle, in any mannerinvolved in such accident, and if such operator is a nonresident theprivilege of operating a motor vehicle within this state, and if such owneris a nonresident the privilege of the use within this state of any motorvehicle owned by him, unless such operator or owner or both shall depositsecurity in the sum so determined by the director; provided notice of suchsuspension shall be sent by the director to such operator and owner notless than ten days prior to the effective date of such suspension and shallstate the amount required as security; provided, however, that the periodof suspension provided for in this section shall be in addition to anyperiod of suspension imposed under sections 303.041 and 303.042.
3. Where erroneous information is given the director with respect tothe matters set forth in subdivision (1), (2) or (3) of subsection 4 ofthis section, he shall take appropriate action as hereinbefore provided,within forty-five days after receipt by him of correct information withrespect to said matters.
4. This section shall not apply under the conditions stated insection 303.070, nor:
(1) To such operator or owner if such owner had in effect at the timeof such accident an automobile liability policy with respect to the motorvehicle involved in such accident;
(2) To such operator, if not the owner of such motor vehicle, ifthere was in effect at the time of such accident an automobile liabilitypolicy or bond with respect to his operation of motor vehicles not owned byhim;
(3) To such operator or owner if the liability of such operator orowner for damages resulting from such accident is, in the judgment of thedirector, covered by any other form of liability insurance policy or bond;nor
(4) To any person qualifying as a self-insurer under section 303.220,nor to any person operating a motor vehicle for such self-insurer.
5. No such policy or bond shall be effective under this sectionunless issued by an insurance company or surety company authorized to dobusiness in this state, except that if such motor vehicle was notregistered in this state, or was a motor vehicle which was registeredelsewhere than in this state at the effective date of the policy or bond,or the most recent renewal thereof, such policy or bond shall not beeffective under this section unless the insurance company or suretycompany, if not authorized to do business in this state, shall execute apower of attorney authorizing the director to accept service on its behalfof notice or process in any action upon such policy or bond arising out ofsuch accident; provided, however, every such policy or bond is subject, ifthe accident has resulted in bodily injury or death, to a limit, exclusiveof interest and costs, of not less than twenty-five thousand dollarsbecause of bodily injury to or death of one person in any one accident and,subject to said limit for one person, to a limit of not less than fiftythousand dollars because of bodily injury to or death of two or morepersons in any one accident, and, if the accident has resulted in injury toor destruction of property, to a limit of not less than ten thousanddollars because of injury to or destruction of property of others in anyone accident.
(L. 1953 p. 569 § 303.050, A.L. 1965 p. 481, A.L. 1969 3d Ex. Sess. H.B. 30, A.L. 1981 S.B. 201, A.L. 1986 S.B. 424, A.L. 1997 H.B. 207)Effective 1-1-98
(1986) The term "uninsured motorist" as used in section 379.203, RSMo, includes a motorist who is underinsured by the standards of section 303.030, RSMo. Cook v. Pedigo, 714 S.W.2d 949 (Mo.App.E.D.).
(1997) Uninsured motorist policy may allow setoff and is allowed only up to statutory minimum. Tatum v. Van Liner Ins. Co. of Fenton, MO, 104 F.3d 223 (8th Cir.).