816-326-2968Car accidents are an unfortunate reality on Missouri’s roads, and they can lead to significant injuries, property damage, and financial hardship. In many cases, the driver at fault carries the necessary insurance to cover the damages. However, there are situations where the responsible party does not have sufficient insurance—or any at all. When this happens, victims may face additional challenges in recovering compensation for their injuries. This is where uninsured and underinsured motorist coverage comes into play. This article explores what uninsured and underinsured motorist claims are, how they work in Missouri, and the steps you can take to seek compensation in such cases.
What Are Uninsured and Underinsured Motorist Claims?
Uninsured and underinsured motorist coverage are types of insurance coverage that provide financial protection when you are involved in an accident with a driver who either doesn’t have insurance or lacks enough coverage to pay for your injuries and damages.
- Uninsured Motorist Coverage (UM): This type of coverage comes into play when the at-fault driver does not have any insurance at all. If the driver who caused the accident is uninsured, you can file a claim with your own insurance company under your uninsured motorist coverage. This ensures that you can still recover compensation for your medical bills, property damage, lost wages, and other losses.
- Underinsured Motorist Coverage (UIM): In cases where the responsible driver does have insurance, but their coverage limits are not sufficient to fully cover your damages, underinsured motorist coverage can help bridge the gap. For example, if the at-fault driver has a policy with a $25,000 limit, but your damages amount to $50,000, your underinsured motorist coverage can provide the remaining $25,000 to ensure that you are fully compensated.
Missouri’s Insurance Laws and Requirements
Missouri law requires all drivers to carry minimum liability insurance coverage. This means that drivers must have insurance that covers at least:
- $25,000 for bodily injury or death to one person.
- $50,000 for bodily injury or death to more than one person.
- $25,000 for property damage.
However, even though insurance is mandatory, many drivers do not carry adequate coverage—or they may not have any coverage at all. According to recent studies, a significant percentage of drivers in Missouri operate vehicles without insurance, creating a risk for those who are involved in accidents with such individuals.
Missouri law mandates that all drivers and owners of motor vehicles have uninsured motorist (UM) coverage. The minimum UM coverage in Missouri is $25,000 per person and $50,000 per accident for bodily injury.
Underinsured motorist (UIM) coverage is optional in Missouri. It’s advisable to have sufficient protection in case you are involved in an accident with an uninsured or underinsured driver.
The Importance of Uninsured and Underinsured Motorist Coverage
Uninsured and underinsured motorist coverage is an essential component of any comprehensive car insurance policy. Even though Missouri law requires drivers to have a minimum level of liability insurance, there is still a significant risk of encountering drivers who do not meet these requirements.
Here are a few reasons why UM and UIM coverage is critical:
- Protection in Case of an Uninsured Driver: If you are involved in an accident with a driver who has no insurance, you could be left without compensation. In these cases, you would need to rely on your own insurance to cover your damages.
- Protection Against Underinsured Drivers: Even when the at-fault driver has insurance, the coverage may not be sufficient to cover the full extent of your damages. UIM coverage helps to fill in the gap, allowing you to receive compensation for your injuries, lost wages, and other expenses.
- Peace of Mind: Knowing that you are protected in case of an accident with an uninsured or underinsured driver can reduce stress and give you peace of mind as you travel on Missouri’s roads. Without this coverage, you could face significant financial hardship, particularly if you suffer serious injuries.
- Higher Chances of Full Compensation: UM and UIM coverage ensures that you can recover the full amount of damages, even if the responsible driver cannot pay. This is particularly important in cases of catastrophic accidents, where medical expenses and other costs may exceed the at-fault driver’s insurance limits.
Filing an Uninsured or Underinsured Motorist Claim in Missouri
If you are involved in an accident with an uninsured or underinsured driver in Missouri, it is important to understand the steps for filing a claim and the challenges that may arise.
Here is an overview of the process:
1. File a Police Report
After an accident, it is crucial to file a police report, especially if the other driver is uninsured or underinsured. A police report can serve as vital documentation for your claim. The report will include details of the accident, such as the location, time, and the parties involved, and it may also indicate whether the other driver was cited for any violations. This can help establish the other party’s fault.
2. Notify Your Insurance Company
Once you’ve filed a police report and received medical attention, contact your insurance provider as soon as possible. Reporting the accident promptly will allow the insurance company to begin investigating the claim and determine whether you are eligible for UM or UIM benefits.
3. Gather Evidence
To support your claim, it is essential to gather as much evidence as possible. This may include:
- Photographs of the accident scene and damage to vehicles
- Medical records detailing your injuries and treatments
- Witness statements or contact information
- Proof of lost wages if you are unable to work
The more evidence you provide, the stronger your claim will be. Insurance companies will closely examine this information to determine the extent of your damages and whether the other driver was uninsured or underinsured.
4. Negotiation with Your Insurance Company
Once your insurance company has reviewed the evidence and determined that the other driver was uninsured or underinsured, they will begin negotiations with you regarding compensation. Insurance adjusters may attempt to offer a low settlement, so it’s important to carefully evaluate the offer and consider all of your damages before agreeing to anything.
If you feel that the offer does not adequately cover your losses, it may be helpful to consult with an attorney who can assist you in negotiating a fair settlement. They can advocate on your behalf and help ensure that you receive compensation for both economic and non-economic damages, such as pain and suffering.
5. Litigation
If you cannot reach a fair settlement with your insurance company or the other driver’s insurer, you may need to pursue legal action. In some cases, your insurance company may fail to offer the full amount of compensation you deserve, or they may dispute your claim altogether. In these situations, filing a lawsuit may be necessary to obtain a fair outcome.
A personal injury attorney can guide you through the process of litigation, helping you file the appropriate legal documents and represent your interests in court.
Statute of Limitations in Missouri
It is important to be aware of Missouri’s statute of limitations for filing an uninsured or underinsured motorist claim. Generally, you have five years from the date of the accident to file a personal injury claim in Missouri. However, this timeline can vary based on the specifics of your case. To ensure you don’t miss any important deadlines, it’s advisable to begin the claims process as soon as possible after the accident.
Contact Our Car Accident Attorneys About Your Personal Injury Case
Uninsured and underinsured motorist coverage is a crucial component of any car insurance policy in Missouri. It provides protection when you are involved in an accident with a driver who lacks sufficient insurance to cover your damages. While Missouri law requires drivers to carry a minimum level of liability insurance, many still fail to meet the requirements, leaving others vulnerable to significant financial hardship.
If you are involved in an accident with an uninsured or underinsured driver, it’s essential to follow the proper steps for filing a claim. This includes filing a police report, notifying your insurance company, gathering evidence, and negotiating a fair settlement. In cases where a settlement cannot be reached, pursuing litigation may be necessary to secure the compensation you deserve.
Having the right insurance coverage and understanding how to navigate the claims process can help protect you in case of an accident with an uninsured or underinsured driver, giving you peace of mind on the road. Aramjoo Law Firm is here to serve you. Contact us today at (816) 479-5898 or online to schedule your free consultation.