When The At-Fault Driver's Insurance Is Too Low

If the at-fault driver's insurance coverage seems inadequate to cover your injuries or damages after a car accident in Missouri, here are some steps you can take:

1. Review Your Own Insurance Policy:

  • Medical Payments Coverage (MedPay): If you have MedPay coverage as part of your car insurance policy, it can help cover your medical expenses regardless of who caused the accident. Review your policy limits to understand the extent of coverage.
  • Collision Coverage: If you have collision coverage and your car sustained damage, your insurance company can repair or replace your vehicle, minus your deductible.

2. Explore Additional Options:

  • Underinsured Motorist Coverage (UM): Consider if you have Underinsured Motorist Coverage (UM) on your car insurance policy. UM kicks in when the at-fault driver's liability coverage is insufficient to cover your damages.
  • Uninsured Motorist Coverage (UIM): Similarly, Uninsured Motorist Coverage (UIM) protects you if the at-fault driver has no insurance at all. These coverages can help compensate you for medical bills, lost wages, and pain and suffering.

3. Negotiating with the At-Fault Driver's Insurance Company:

  • Gather Evidence: Collect documentation to support your claim, including medical records, repair estimates, and proof of lost wages.
  • Negotiation: You can attempt to negotiate a higher settlement with the at-fault driver's insurance company by presenting a strong case with clear evidence of your damages.

4. Legal Representation:

  • Personal Injury Lawyer: Consulting with a personal injury lawyer experienced in Missouri car accidents can be beneficial. They can:
    • Advise you on your legal rights and options.
    • Help navigate complex insurance claims.
    • Negotiate with the insurance company on your behalf to maximize your compensation.
    • Represent you in court if a fair settlement cannot be reached. See my previous response on why St. Louis personal injury attorneys might be a good choice [previous response on why are st. Louis personal injury attorneys so good].

5. Small Claims Court (for minor damages):

  • Minor Damages: If your damages are relatively minor, you might consider filing a lawsuit against the at-fault driver in small claims court. The Missouri Bar Association website [https://mobar.org/] has resources on small claims court procedures.

Important Considerations:

  • Statute of Limitations: Missouri has a deadline (statute of limitations) to file a personal injury lawsuit, typically five years from the accident date. It's crucial to act promptly to preserve your legal rights.
  • Shared Fault: Missouri is a pure comparative negligence state. This means any fault you share in the accident (e.g., not wearing a seatbelt) will reduce your compensation proportionally.

Remember: Don't hesitate to seek legal advice to understand your options and ensure you receive fair compensation for your injuries in this situation where the at-fault driver's insurance seems insufficient.

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