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Detailed Answer

After a collision, insurers sometimes delay or deny valid claims. In Missouri, you have specific tools to challenge these tactics and protect your rights.

1. Know Your Rights Under Missouri Law

Missouri law prohibits unfair claim settlement practices. Under Mo. Rev. Stat. § 375.1001, an insurer may not:

• Unreasonably delay or deny payment of claims without conducting a reasonable investigation.
• Misrepresent policy provisions or relevant facts.
• Fail to promptly acknowledge communications about claims.

Link to statute: Mo. Rev. Stat. § 375.1001.

2. Gather and Preserve Evidence

Collect all documentation related to your collision and claim:

• Accident report and photos of damage.
• Medical records and bills.
• Written correspondence with the insurer.
• Notes from phone calls, including date, time, and representative name.

3. Send a Formal Demand Letter

Draft a letter summarizing facts, citing Mo. Rev. Stat. § 375.1001, and stating a deadline (e.g., 10–14 days) for a decision or payment. Deliver by certified mail with return receipt.

4. File a Complaint with the Missouri Department of Commerce & Insurance

If the insurer still delays or denies your claim, file a complaint online at the Missouri Department of Insurance website: File a Complaint. The Department investigates unfair practices and may impose penalties on the insurer.

5. Consider Legal Action

If administrative steps fail, you can sue for:

• Breach of Contract: Missouri enforces insurance contracts under a five-year statute of limitations (Mo. Rev. Stat. § 516.120).
• Bad Faith Tort: Missouri recognizes a separate tort for unreasonable denial of benefits. The statute of limitations is two years from the date of wrongful denial (Mo. Rev. Stat. § 516.140).

Consult an attorney to assess your case and file a lawsuit before the applicable deadline.

Helpful Hints

• Maintain a clear record of every interaction with the insurer.
• Use certified mail for all demand letters and formal notices.
• Familiarize yourself with your policy’s deadlines for filing claims.
• Escalate refusals to the state insurance department early.
• Act promptly to preserve your right to sue under the relevant statute of limitations.
• Consider mediation or appraisal if your policy offers these alternative dispute options.