What Missouri requires

An auto liability policy for a car registered or mainly kept in Missouri must include uninsured motorist coverage (RSMo § 379.203). The minimum is $25,000 for one person and $50,000 for two or more people in one accident (RSMo § 303.030). Business vehicles are treated differently. So are employers with five or more passenger vehicles. They must be offered the coverage, but they do not have to buy it.

Underinsured motorist coverage, called UIM, is different. Missouri law does not require it. If your policy has it, the policy’s own wording decides when it applies and how much it pays. That is why we read the whole policy, not just the summary page at the front.

When uninsured motorist coverage applies

• No insurance. The at-fault driver had no liability insurance.
• Hit-and-run. The law covers a driver who leaves before being identified.
• No contact. Coverage applies even if the other car never touched you or your car. For example, a driver runs you off the road.
• Failed insurer. A car counts as uninsured if its insurer goes broke and cannot pay. The insurer must fail within two years after the accident (§ 379.203).

State records can help prove the other driver had no insurance. Missouri requires drivers to file certain accident reports (RSMo § 303.040). If the other driver did not file one, the law treats that as enough to show the driver was uninsured, unless the insurer proves otherwise (§ 379.203.5).

What you have to prove

An uninsured motorist claim is a claim under your insurance contract. But it depends on the other driver’s fault. You do not need to win a court case against the uninsured driver first. Missouri’s highest court said so in 1979. You must prove three things:

1. The other driver was uninsured.
2. The other driver is legally responsible for the crash.
3. The amount of your damages.

That puts your own insurer in an odd spot. It owes you coverage. But on fault and damages, it stands where the uninsured driver would stand. Expect the adjuster to review your claim like the other side would. That includes arguing that you were partly at fault. Read talking to insurance adjusters before you give your own insurer a recorded statement.

Underinsured claims and more than one policy

An underinsured claim usually starts after the at-fault driver’s insurer offers its full policy limit. To take that money, you sign a release, a paper that ends your claim against that driver. Most UIM policies require you to tell your insurer before you accept the money and sign. Some require your insurer’s consent. Signing first can put your UIM claim at risk. This is one of the steps where timing matters most.

Coverage can come from more than one policy. It may be your own, a policy on another car in your home, or a policy of a relative who lives with you. Adding coverages together is called “stacking.” Whether you can stack depends on the policy wording. Missouri courts have reached different results on different wording. After your insurer pays, it has a right to share in money you later recover from the person at fault, up to what it paid (§ 379.203.4).

Time limits written into policies

Some policies try to shorten the time you have to sue. Missouri law voids contract terms that do that (RSMo § 431.030). The official notes to that law say this includes insurance policies. But policy rules about prompt notice and cooperation still matter. So report the claim to your insurer early.

How the firm handles your UM or UIM claim

Harjot Singh Padda, JD reads every policy that may apply, including household and employer policies. He maps out the coverage before you sign any release. The firm builds the fault and damages case just as it would against a careless driver. That is what your insurer will look at.

If the insurer will not pay what the policy owes, the claim can go to court. A refusal to pay may also raise separate issues. See insurance bad faith and coverage disputes. UM and UIM claims are handled on a contingency fee under a written agreement that sets out the percentage and how costs are handled.

Common questions

Related reading

• Personal injury overview
• Missouri auto insurance requirements
• Drunk driver accident claims
• Talking to insurance adjusters