Insurance policies only pay up to the coverage limits the policyholder purchased, no matter how serious the crash. In Missouri, drivers are only required to carry:
- $25,000 bodily injury per person
- $50,000 total bodily injury per accident
- $25,000 property damage per accident
- $25,000/$50,000 uninsured motorist coverage for bodily injury
Those minimums are often far less than what it costs when a person faces a serious injury. A single hospitalization with surgery can end up costing far more than that. Policy limits cap what an insurer will pay, but they don’t determine what your claim is actually worth.
If the at-fault driver carries $25,000 in bodily injury coverage and your damages total $75,000, your claim is still worth $75,000; there’s simply a $50,000 gap between the insurance available and the harm done.
Reach out to a car accident lawyer in St. Louis today to pursue compensation for your injuries.
Call (314) 300-6260 or fill out an online form.
Missouri Is an At-Fault State for Traffic Collisions
Missouri follows an at-fault system, meaning the person who caused the accident is responsible for compensating you for and harm that results. You generally pursue compensation from the at-fault driver’s liability insurance rather than your own policy.
Fault has to be established, and it’s often contested. Insurance companies investigate, assign percentages of blame, and use any argument available to shift responsibility away from their insured. Missouri also applies pure comparative fault, so if you’re found partially responsible for the crash, your recovery is reduced by your percentage of fault.
Can You Recover More Than the At-Fault Driver’s Policy Limit?
Yes, depending on the circumstances. The at-fault driver’s policy is often just the starting point, and an attorney will look at every other potential source of recovery, including:
- The at-fault driver’s personal assets, though collecting from an individual depends on what they actually own
- Umbrella or excess insurance, which some drivers carry above their auto policy
- Additional liable parties, like another negligent driver, a vehicle owner, or a bar that overserved a drunk driver
- Employer coverage, if the at-fault driver was working at the time of the crash, which can provide access to a policy with higher limits
- Your own uninsured or underinsured motorist coverage
- Other applicable policies, depending on the vehicles and people involved
Which of these applies depends entirely on the facts of your crash, making it important for a lawyer to review your case before you accept any kind of settlement offer.
How Does Underinsured Motorist Coverage Work?
Underinsured motorist (UIM) coverage can kick in when the at-fault driver has insurance, but not enough to fully compensate you. Whether it’s available depends on your own policy, including the coverage you purchased and its limits. It’s also important to know that a UIM claim is made against your own insurance company, even though another driver caused the accident.
This essentially puts you on the opposite side of your insurance company, and they ultimately save money by minimizing these types of claims. Don’t assume that your insurance company will always make you a fair offer.
Suing the At-Fault Party
Most car accident claims settle with the insurance company, but when the insurer won’t offer fair compensation or when your damages exceed the available coverage, filing a lawsuit against the at-fault driver may be the next step.
A lawsuit lets you pursue the full value of your claim, opens the door to formal discovery (depositions, records, and evidence the insurer won’t volunteer), and puts real pressure on the insurance company, which now faces the cost and risk of trial. An attorney can tell you whether filing a lawsuit makes sense, and if you’re likely to be able to recoup your costs.
Talk to a Missouri Car Accident Lawyer About Your Options
When your damages exceed the at-fault driver’s policy limits, the money you’re left owing doesn’t always have to come out of your pocket, but figuring out how your expenses and losses get paid can be complicated.
An uninsured/underinsured motorist lawyer in St. Louis can identify every applicable policy, investigate whether other parties share liability, handle your UIM claim, and advise you on whether a lawsuit makes sense.
Contact our office today online or call (314) 300-6260 for a free consultation.