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Underinsured Motorist

Underinsured Motorist Claims: Did You Know that you can recover under your Uninsured Motorist (UM) insurance coverage when you are involved in an accident with a driver without insurance? Similarly, you can purchase Underinsured Motorist (UIM) coverage, which is applicable when the at-fault driver’s insurance is insufficient to cover your damages.

Mandatory Coverage

Underinsured Motorist Claims: Missouri law mandates that all drivers carry a minimum level of Uninsured Motorist (UM) coverage to ensure a basic degree of protection on the roadways. The required UM coverage includes a minimum of $25,000 per person and $50,000 per accident for bodily injury. This essential coverage aims to provide a safety net against which you can recover for medical expenses, lost wages, and other related damages when the at-fault driver is uninsured.
In addition to the mandatory UM coverage, some discerning drivers choose to carry Underinsured Motorist (UIM) coverage as an added precaution. UIM coverage provides additional protection by covering the gap between the at-fault driver’s insurance limits and the total amount of damages incurred. This optional coverage is a wise choice for those seeking an extra layer of financial security against the potential shortfall of an at-fault driver’s insurance.

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We assist accident victims who have been involved in accidents with uninsured or underinsured motorists. The aftermath of an accident can be overwhelming, especially when the at-fault driver lacks adequate insurance coverage to compensate for your losses. Our experienced legal team is well-versed in Missouri’s insurance laws and is committed to pursuing the maximum compensation available under your own uninsured/underinsured motorist (UM/UIM) coverage.

To recover under UM/UIM coverage, it’s imperative to demonstrate that the other driver was at-fault for the accident and either had no insurance or insufficient insurance to cover your damages. Additionally, you must establish the extent of your injuries and other losses.

Vexatious Refusal to Pay

If an insurance company is found liable for vexatiously refusing to pay a valid UM or UIM claim, Missouri law provides for certain penalties:

  1. Interest on the Amount Due: The court may award interest on the amount due under the insurance policy, from the date the loss was payable, at a rate specified by Missouri statutes or as determined by the court.
  2. Attorney’s Fees: The court may award reasonable attorney’s fees to the insured. The amount awarded is at the discretion of the court and is based on various factors including the amount of work the attorney performed and the outcome of the case.
  3. Additional Damages: In addition to the actual damages (i.e., the amount the insurer should have paid under the policy), the court may award an additional amount as a penalty.

The vexatious refusal statutes in Missouri are designed to deter insurance companies from arbitrarily denying claims and to compensate insured parties who have been wrongfully denied their claims. Insured parties considering pursuing a claim under these statutes should consult with legal counsel experienced in insurance litigation in Missouri.

Frequently Asked Questions About Uninsured and Underinsured Motorist Coverage Lawsuits in Missouri

Settlements are typically based on the extent of your injuries, the impact on your quality of life, your medical expenses, lost income, and other damages. Insurance policy limits also play a significant role in determining the settlement amount.
While it’s not mandatory to have a lawyer, navigating the legal and insurance aspects of these claims can be complex. An experienced personal injury attorney can provide valuable assistance in ensuring that you receive fair compensation.
You may be eligible to recover damages for medical expenses, lost wages, pain and suffering, and, in some cases, property damage. The exact damages depend on the specifics of your case and the coverage limits of your policy.
If your insurance company denies your claim, you can file a lawsuit. It's advisable to consult with a personal injury attorney experienced in handling uninsured and underinsured motorist claims to guide you through the process.
To file a claim, notify your insurance company as soon as possible after the accident. Provide them with all the necessary details and documentation, including the police report, medical records, and proof of the other driver's insurance status. However, it is advisable to speak to an attorney as soon as possible so that that the attorney can communicate with the insurance company on your behalf.
Yes, you can sue an uninsured or underinsured driver. However, it's important to remember that collecting damages from a driver who lacks sufficient insurance coverage can be challenging. This is where your own uninsured/underinsured motorist coverage can be beneficial.
In Missouri, uninsured motorist coverage is required. The minimum coverage limits are $25,000 per person and $50,000 per accident for bodily injury. Underinsured motorist coverage is not required but it is advisable for all drivers to purchase this extra layer of protection.
Underinsured motorist coverage comes into play when the at-fault driver's insurance is not sufficient to cover your damages. This type of coverage can help pay for the difference between what the at-fault driver’s insurance covers and the total amount of your damages, up to the limits of your policy.
Uninsured motorist coverage is a part of your auto insurance policy that provides coverage if you're involved in an accident with a driver who does not have auto insurance.
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