Missouri Car Insurance Claim Laws

May 14, 2025Car Accidents,Insurance

Missouri car insurance claim laws can be complex, particularly when dealing with the aftermath of a car accident in a densely populated city like St. Louis. Because Missouri follows a fault-based insurance system, the driver found to be at fault is legally responsible for covering the damages, both to property and for personal injuries. This means filing a claim often involves negotiating with the at-fault party’s insurance provider, and in some cases, pursuing legal action. Understanding your legal rights, claim-filing deadlines, and what evidence is needed under Missouri law is essential to protect your financial recovery and ensure fair treatment.

What should I do if I have a car accident?

You should seek medical attention, document the scene, and notify law enforcement and your insurer as soon as possible.

Missouri law places specific expectations on drivers post-collision. Under Section 537.058 of the Missouri Revised Statutes, a claimant must make a “time-limited demand” when seeking settlement from an insurance company. This includes a list of:

  • Treating medical providers with HIPAA authorizations
  • All employers, if wage loss is claimed
  • An offer of unconditional release for the insurer’s policyholder

Additional immediate steps include:

  • Call 911 if injuries or property damage occur.
  • Exchanging insurance and driver information.
  • Documenting the scene: Take photographs of vehicles, road conditions, injuries, and license plates.
  • Filing a police report is required by law or your insurer.

Quick action is vital—Missouri’s statute of limitations generally gives accident victims five years to file a personal injury claim, but insurance claims and legal negotiations start far earlier.

Missouri Auto Insurance Requirements

All drivers in Missouri must, by law, carry liability insurance coverage with a minimum of:

  • $25,000 for bodily injury or death per person
  • $50,000 for total bodily injury or death per accident
  • $10,000 for property damage per accident

Liability coverage will pay for another party’s medical bills, property damage, and other costs up to policy limits when you are at fault. Drivers must also carry uninsured motorist coverage (UM) with a minimum of:

  • $25,000 in bodily injury per person
  • $50,000 in bodily injury per accident

UM coverage protects drivers and their passengers if they are ever in an accident caused by an uninsured driver, but it will not pay for vehicle damage. If your total damages exceed your liability or UM policy limits, the only option to recover the difference is to sue the at-fault driver personally.

While liability and UM are the only types of auto insurance required by law, there are many other kinds of optional coverage, including medical payments, comprehensive coverage, collision coverage, and roadside assistance.

Can I still file a claim if the at-fault party doesn’t have insurance?

Yes, Missouri allows you to file a claim through the Driver License Bureau or your own uninsured motorist coverage.

If the at-fault driver lacks valid insurance, you may still have recourse. According to the Missouri Department of Revenue, you must report the accident to the Driver License Bureau if:

  • The incident occurred within the past year.
  • The at-fault driver was uninsured.
  • Property damage exceeded $500, or someone was injured/killed.

You’ll need to file a Motor Vehicle Accident Report (Form 1140). Missouri’s Section 303.040, RSMo, empowers the state to suspend the driving privileges of uninsured drivers who cause qualifying accidents.

Additionally, your own auto insurance policy may include Uninsured Motorist (UM) coverage, which Missouri requires all insurers to offer. This coverage can compensate for:

  • Medical expenses
  • Lost wages
  • Pain and suffering

In serious cases, pursuing compensation through civil litigation may be necessary if coverage is insufficient.

Consequences of Driving With No Car Insurance in Missouri

In Missouri, driving without car insurance can lead to severe consequences, even if you have insurance but fail to provide proof. For example:

  • Four points on your driving record
  • Ongoing monitoring by the Missouri Department of Revenue
  • Driver’s license suspension

Additionally, drivers who cause an accident without insurance may be personally liable for the damages.

Options for Filing a Car Accident Claim

A person involved in a car accident in Missouri has the right to recover compensation in one of the three following ways:

  • Filing a claim with their own auto insurer. You can file a claim under your policy as long as you have collision coverage. Your insurer will then pursue a subrogation claim against the at-fault party’s insurance company for reimbursement of the benefits they already paid you.
  • Filing a claim directly with the at-fault driver’s auto insurer (known as a third-party claim).
  • Filing a personal injury lawsuit against the at-fault party.

In contrast, some states operate under a “no-fault” car insurance system, and victims must file a claim with their own insurer regardless of fault.

How can liability be proven?

Liability is established through a combination of evidence, witness testimony, and expert review.

Missouri follows the doctrine of pure comparative negligence, meaning you can still recover damages even if you’re partially at fault—though your compensation will be reduced by your percentage of fault.

Key methods to prove liability include:

  • Police Reports: These often provide unbiased summaries and indicate which party received citations.
  • Photographic & Video Evidence: Dashcam footage, street cameras, and smartphone photos help recreate the incident.
  • Eyewitness Statements: Independent observers can provide crucial context.
  • Expert Testimony: Accident reconstruction specialists and medical professionals may be consulted.

Insurance adjusters will assess all available information, but their conclusions aren’t always in your favor. That’s why gathering your own documentation is essential.

Important: Missouri does not require drivers to carry Personal Injury Protection (PIP), so proving fault is even more vital when seeking reimbursement for medical costs.

Time Limits for Filing a Car Accident Claim

After a car accident, the Missouri Department of Insurance states you should report the accident immediately to your insurance company. If you were not responsible, you should notify the at-fault party’s insurer. However, under the state’s statute of limitations, you have five years from the date of the collision to file suit or settle a claim. When an accident results in a fatality, the victim’s family has three years to file a wrongful death lawsuit against the at-fault driver. If you fail to pursue a claim within the allotted time, you will lose your right to recover any compensation. Contact a St. Louis car accident attorney today.

Contacting a car accident lawyer in Missouri

Hiring a local St. Louis car accident attorney significantly increases your chances of recovering full compensation.

Goldblatt + Singer has served accident victims in St. Louis for decades, offering aggressive representation in car accident claims involving:

  • Rear-end and T-bone crashes
  • Distracted and drunk driving
  • Uninsured motorists
  • Serious injury and fatal collisions

By working with a knowledgeable car accident lawyer, you gain:

  • Access to local insights: Our attorneys are deeply familiar with St. Louis traffic trends, common accident zones, local court procedures, and insurance company tactics, giving your case a strategic, location-specific advantage.
  • Maximized compensation: We fight to recover not just immediate medical expenses, but also long-term treatment costs, lost income, diminished earning capacity, emotional distress, and any future impact on your quality of life.
  • Legal compliance: We handle every detail of your case in accordance with Missouri statutes, ensuring your claim includes proper documentation, meets all deadlines, and satisfies procedural rules such as time-limited demand requirements.

If you’re one of the many injured in a Missouri auto accident, you deserve an advocate who knows how to navigate the system. Call us now at (314) 231-4100 for a free case consultation.

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