At-Fault (Tort)MO

Insurance Claim Rights in Missouri

Missouri combines two claimant-friendly features: pure comparative fault (no bar to recovery regardless of fault percentage) and a generous 5-year statute of limitations. The state requires uninsured motorist coverage unless rejected in writing. Missouri's central location means many out-of-state drivers pass through, making UM coverage important.

25/50/25

Min. Liability

5 yrs

PI Deadline

5 yrs

PD Deadline

Yes

Diminished Value

Fault System

How Missouri's At-Fault (Tort) System Works

Missouri is an at-fault (tort) state. This means the driver who caused the accident is financially responsible for the other party's damages. After an accident, you file a claim against the at-fault driver's insurance company. If the claim is denied or undervalued, you have the right to file a lawsuit to recover your damages.

Deadlines

Statute of Limitations in Missouri

Personal Injury

5 Years

You have 5 years from the date of the accident to file a personal injury lawsuit in Missouri. Missing this deadline permanently bars your right to seek compensation for medical bills, lost wages, and pain and suffering.

Property Damage

5 Years

For property damage claims (vehicle repairs, total loss, personal property), Missouri allows 5 years to file a lawsuit. This includes diminished value claims if applicable. Report damage to your insurer as soon as possible: report to insurer within 30 days; generous 5-year lawsuit deadline.

Coverage Requirements

Minimum Auto Insurance in Missouri

Missouri requires all drivers to carry at least 25/50/25 in liability coverage. These numbers represent the minimum bodily injury per person / bodily injury per accident / property damage limits in thousands of dollars. While these are the legal minimums, higher coverage is strongly recommended.

Bodily Injury / Person

$25,000

Maximum per injured person

Bodily Injury / Accident

$50,000

Maximum per accident total

Property Damage

$25,000

Maximum for property damage

Diminished Value

Diminished Value Claims in Missouri

Missouri Allows Diminished Value Claims

After an accident in Missouri, your vehicle may lose market value even after high-quality repairs — this is called "diminished value." Missouri allows you to file a diminished value claim against the at-fault driver's insurance to recover the difference between your vehicle's pre-accident and post-repair market value. The amount recoverable depends on the vehicle's age, mileage, damage severity, and repair quality.

Calculate your diminished value

Key Laws

Important Insurance Laws in Missouri

1

Missouri follows a pure comparative fault rule — recovery is possible even at 99% fault (Mo. Rev. Stat. § 537.765).

2

Missouri has a generous 5-year statute of limitations for both personal injury and property damage.

3

Uninsured motorist coverage is required in Missouri unless rejected in writing by the policyholder.

Resources

Missouri Department of Insurance

If you have a complaint about your insurance company or need help with a claim dispute in Missouri, contact the state Department of Insurance. They regulate insurance companies operating in Missouri and can assist with claim disputes, bad faith complaints, and coverage questions.

Missouri Department of Commerce and Insurance

FAQ

Frequently Asked Questions About Missouri Insurance Claims

How does pure comparative fault benefit Missouri claimants?

Missouri's pure comparative fault system means you can recover damages regardless of your fault percentage. Even if you are 90% at fault, you can still recover 10% of your damages. This is one of the most favorable systems for accident victims.

How long do I have to file a claim in Missouri?

Missouri has a generous 5-year statute of limitations for both personal injury and property damage claims. This gives you significant time to assess your injuries, gather evidence, and pursue compensation.

Is uninsured motorist coverage required in Missouri?

Yes, Missouri requires uninsured motorist coverage unless you reject it in writing. Your insurer must offer UM coverage at your liability limits. This protects you if hit by a driver with no insurance.

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