Disclaimer: This article is for informational purposes only and does not provide legal advice. Consult an attorney for guidance specific to your situation.
Detailed Answer
1. Determine Fault and Coverage Options
Missouri operates under an at-fault system. You pursue compensation for vehicle damage from the party responsible for the collision, or through your own insurance if you carry collision coverage. If another driver caused the wreck, you can file a third-party property damage claim directly with their insurer. If you have collision coverage, you can file a first-party claim with your own insurer and let them seek reimbursement (subrogation) from the at-fault party’s insurer.
2. Document the Vehicle Damage
- Photograph all damage from multiple angles. Capture the scene, vehicle position, skid marks, and road conditions.
- Gather witness contact information and a copy of the police report.
- Obtain a written repair estimate from a qualified auto shop or adjuster.
3. File a Property Damage Claim
- Notify the at-fault driver’s insurer in writing. Include your estimate, photos, and the police report number.
- If filing under your collision policy, contact your insurer’s claims department promptly. Provide the same documentation.
- Missouri law requires insurers to acknowledge a claim within 10 days of receipt and either accept or deny within 15 days (Mo. Rev. Stat. §375.1000).
4. Negotiate and Settle the Property Damage Claim
- Review the insurer’s repair estimate carefully. If it underestimates costs, submit supplemental estimates.
- Negotiate on parts quality (OEM vs. aftermarket) and labor rates.
- Once you reach agreement, the insurer issues payment to you or the repair shop.
5. Pursue Bodily Injury Separately
Do not combine property damage and bodily injury settlements. File your injury claim after you complete medical treatment. You can then submit your medical records, bills, and wage-loss documentation to the at-fault driver’s liability insurer or your own PIP carrier, if applicable.
6. Observe Missouri’s Statute of Limitations
- Property damage claims must start within five years of the accident (Mo. Rev. Stat. §516.140).
- Bodily injury claims also carry a five-year deadline (Mo. Rev. Stat. §516.120).
Helpful Hints
- Start documentation immediately—early records strengthen your claim.
- Keep property and injury records in separate folders to avoid confusion.
- Maintain a repair timeline to support rental or diminution-in-value claims.
- Consider independent appraisals if the insurer undervalues damage.
- Consult a Missouri attorney before filing suit to preserve your rights.