Posted by Sansone / Lauber Trial Lawyers on August 1, 2017SHARE IT
Missouri’s “no play no pay” law RSMo 303.390.1 has been held unconstitutional by a Missouri court., Gilmore v. Page, 17PT-CC00092 (2017). No pay no play unconstitutional.
Under § 303.390, uninsured motorists waive the ability to collect for non-economic loss (money over and above medical bills and lost wages) against an insured motorist due to a car accident in which the insured driver is alleged to be at fault. In short, if you don’t have auto insurance the no play no pay law takes away your constitutional rights. The right to a jury trial and the right to a have a jury of your peers decide the amount of damages you suffered. Not politicians paid off by the insurance companies who pass these unconstitutional laws.
In striking down defendant’s affirmative defense based on § 303.390 RSMo., the trial court applied Watts v. Lester E. Cox Medical Centers, 376 S.W.3d 633, 637 (Mo. Banc 2012), finding that the 1820 Missouri Constitution permitted recovery of non-economic damages without restriction. Thus, the Circuit Court concluded that § 303.390 amounts to an unconstitutional infringement on the right to trial by jury.
This decision is at the trial court level. Over the next few years, the Court of Appeals and the Supreme Court will hopefully uphold this decision.
It is important that if you are in car accident and don’t have insurance you get a lawyer who know how to fight the no pay no play law defense. Call us today 314 863-0500 or contact us.