Missouri's Uninsured Motorist Law To Get You Paid After Collision
Missouri's uninsured motorist statute is a crucial aspect of automobile insurance law designed to protect drivers who are involved in accidents with uninsured or underinsured motorists. The statute mandates that all automobile liability insurance policies issued in Missouri must include uninsured motorist coverage. This coverage ensures that insured individuals can recover damages if they are injured by an at-fault driver who lacks sufficient insurance. Here's an in-depth look at the statute and how to make the most of it after a car collision.
Understanding Missouri's Uninsured Motorist Statute
Definition and Coverage
Missouri law requires that uninsured motorist (UM) coverage be included in every auto insurance policy. This coverage provides financial protection for policyholders injured by drivers who either have no insurance or have insufficient coverage to pay for the damages they caused. The minimum UM coverage limits are $25,000 per person and $50,000 per accident, which means that each person injured in an accident can receive up to $25,000, and all injured parties can collectively receive up to $50,000. However, policyholders can opt for higher limits for additional protection.
The statute also covers situations where the at-fault driver's insurance company becomes insolvent within two years of the accident. In such cases, the insured can still file a claim under their UM coverage to recover damages. This provision is critical as it ensures continuous protection even if the at-fault driver's insurance fails to provide the necessary compensation due to financial instability.
Missouri's uninsured motorist statute, codified under Section 379.203 of the Revised Statutes of Missouri, mandates that all automobile liability insurance policies issued in the state must include uninsured motorist coverage. This coverage is designed to protect insured individuals who are legally entitled to recover damages from owners or operators of uninsured vehicles due to bodily injury, sickness, or disease, including death1. The statute ensures that even if the at-fault driver cannot be identified or is insolvent, the insured party can still seek compensation.
The statute also defines an "uninsured motor vehicle" to include situations where the liability insurer of the at-fault driver is unable to make payment due to insolvency. This provision is crucial as it extends protection to insured motorists even when the at-fault party's insurer becomes insolvent within two years of the accident1. Additionally, the statute limits the recovery against the tort-feasor (the at-fault driver) to the extent of the proceeds recovered from the assets of the insolvent insurer.
In summary, UM coverage steps in to cover medical expenses, lost wages, and other damages that the at-fault driver should have paid if they had adequate insurance. This safety net is essential for ensuring that victims are not left financially devastated by accidents caused by uninsured or underinsured drivers.
Maximizing Financial Recovery After a Car Collision
1. Immediate Documentation
After a car collision, the first step is to document everything thoroughly. This includes taking photos of the accident scene, vehicle damage, injuries, and any road conditions that may have contributed to the accident. Gathering witness statements and obtaining a copy of the police report is also crucial. This documentation serves as vital evidence when filing a claim with your insurance company.
The more detailed your documentation, the stronger your claim will be. Make sure to write down everything you remember about the accident, including the time, location, weather conditions, and any conversations with the other driver. This information will help your insurance adjuster understand the circumstances of the accident and assess your claim accurately.
Keeping a journal of your injuries and medical treatment is also important. Note any pain or discomfort you experience, as well as the impact of your injuries on your daily life. This personal account can support your claim for pain and suffering damages.
2. Seek Prompt Medical Attention
Even if you feel fine immediately after the accident, it's important to seek medical attention as soon as possible. Some injuries may not be immediately apparent and can manifest days or weeks later. A thorough medical examination can identify any hidden injuries and provide a record of your condition following the accident.
Prompt medical attention ensures that your injuries are documented, which is critical for your insurance claim. Medical records provide concrete evidence of your injuries and the treatment required, making it easier to justify the compensation you seek.
Additionally, following your doctor's treatment plan and attending all follow-up appointments demonstrates that you are taking your recovery seriously. This commitment to your health can strengthen your claim and show the insurance company that you are working to regain your pre-accident condition.
3. Notify Your Insurance Company
After documenting the accident and seeking medical attention, promptly notify your insurance company about the collision. Provide them with all the necessary documentation, including the police report, photos, and medical records. Your insurer will guide you through the claims process and explain your coverage options.
When reporting the accident, be honest and provide accurate information. Misrepresenting facts or omitting details can harm your credibility and potentially jeopardize your claim. Working closely with your insurance adjuster ensures that your claim is processed smoothly and efficiently.
If the at-fault driver is uninsured or underinsured, inform your insurer so they can apply your UM coverage to the claim. Understanding your policy and the coverage it provides will help you navigate the claims process more effectively and maximize your financial recovery.
4. Consult a Personal Injury Attorney
Navigating the complexities of an insurance claim can be challenging, especially when dealing with injuries and the aftermath of an accident. Consulting with an experienced personal injury attorney can provide valuable guidance and support. An attorney can help you understand your rights, evaluate your claim, and negotiate with insurance companies on your behalf.
A personal injury attorney can also help you gather additional evidence, such as expert witness testimony or accident reconstruction reports, to strengthen your case. Their expertise in personal injury law ensures that you receive fair compensation for medical expenses, lost wages, pain and suffering, and other damages.
Moreover, having legal representation can protect you from aggressive tactics used by insurance companies to minimize payouts. An attorney can advocate for your best interests, ensuring that you receive the compensation you deserve.
5. Understand Your Insurance Policy
Familiarize yourself with the details of your insurance policy, including coverage limits, deductibles, and exclusions. Understanding your policy's provisions helps you know what to expect and ensures that you maximize the benefits available to you.
Review your UM coverage to see if the limits are sufficient to cover potential damages in the event of an accident with an uninsured driver. If necessary, consider increasing your coverage limits to provide additional protection.
Knowing your policy inside and out enables you to make informed decisions about your claim and communicate effectively with your insurance adjuster. It also helps you avoid potential pitfalls and ensures that you take full advantage of the coverage you have paid for.
6. Keep Detailed Records of All Expenses
Maintain a comprehensive record of all expenses related to the accident, including medical bills, repair costs, rental car fees, and any other out-of-pocket expenses. Keeping track of these costs helps you accurately calculate the total financial impact of the accident.
Organize your records in a chronological order and keep copies of all receipts, invoices, and statements. This documentation is essential for substantiating your claim and ensuring that you are reimbursed for all eligible expenses.
In addition to direct costs, keep a record of any indirect expenses, such as transportation to medical appointments or modifications needed for your home due to injuries. These costs should also be included in your claim to ensure comprehensive compensation.