Detailed Answer
When the at-fault driver’s liability limits are paid in full, you cannot recover additional rental or loss-of-use expenses from their carrier. In Missouri, you have two primary paths to cover your out-of-pocket costs:
1. Your Own Policy: Rental Reimbursement and Collision Coverage
If your auto policy includes rental reimbursement or loss-of-use coverage, you can file a first-party claim with your insurer. This optional add-on typically covers a daily dollar amount (e.g., $30–$50 per day) up to a set limit (e.g., $1,500 total). Your insurer pays directly for the rental, minus your deductible if you claim under collision coverage. After payment, your insurer may seek subrogation against the at-fault party, but subrogation only succeeds if additional assets or umbrella policies exist.
2. Uninsured/Underinsured Motorist Property Damage (UMP) Coverage
Missouri allows you to purchase Uninsured/Underinsured Motorist Property Damage (UMP) coverage. If the at-fault driver has no insurance or their limits are too low, UMP can cover property damage and loss-of-use costs. UMP is optional but often inexpensive. Check your declarations page; if you carry UMP, you can claim rental expenses directly under it.
Statute reference: Missouri’s uninsured motorist provisions require insurers to offer UMP. See Mo. Rev. Stat. § 379.203 (uninsured motorist coverage) and § 379.205 (waiver of uninsured motorist coverage).
Mo. Rev. Stat. § 379.203,
Mo. Rev. Stat. § 379.205.
3. Direct Lawsuit Against the At-Fault Driver
You may file a lawsuit for unpaid expenses directly against the at-fault driver. However, if they lack sufficient assets, judgment collection may fail. Courts typically award only what the defendant can pay.
4. Combine Coverages Strategically
To maximize recovery, consider:
- File under rental reimbursement or collision first.
- Then, submit any remaining unpaid costs under UMP (if applicable).
- Keep detailed invoices and communicate clearly with adjusters.
Helpful Hints
- Review your policy declarations page for rental or UMP coverage limits.
- Gather and save all rental invoices, receipts, and correspondence.
- Notify your insurer promptly to avoid coverage denials.
- Document attempts to collect from the at-fault driver’s insurer.
- Certify your written claim submission by mail or secure email.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney or insurance professional to discuss your specific situation.