Detailed Answer
When you suffer an injury in a Missouri auto accident, the at-fault driver’s insurer may owe medical expenses under two paths: the insurer’s medical payments (MedPay) coverage or third-party liability coverage. To ensure the insurer accepts liability, follow these key steps:
1. Provide Prompt Notice
Most auto policies require you to report an accident “promptly.” Immediately contact the at-fault party’s insurer once you receive their insurer’s name and policy number. Early notice prevents coverage denial due to late reporting.
2. Gather Strong Liability Evidence
Establish fault with a police report, witness statements, and photos of the scene. A clear liability record encourages the insurer to accept responsibility for your injuries. Missouri law recognizes a five-year statute of limitations for personal injury claims, so preserving evidence early is critical.
3. Submit Complete Medical Records and Bills
Compile all medical records, itemized bills, and treatment summaries. If the at-fault driver’s policy includes MedPay coverage—required unless expressly rejected under Mo. Rev. Stat. § 379.203—submit your bills directly to the insurer. MedPay pays reasonable medical expenses regardless of fault, up to policy limits.
4. Send a Demand Letter
If MedPay coverage is unavailable or exhausted, prepare a demand letter for third-party liability. Summarize your injuries, medical expenses, lost income, and attach supporting documents. Set a reasonable response deadline, typically 30 days. A clear demand letter often prompts the insurer to accept liability rather than risk litigation.
5. Negotiate or File Suit
The insurer may counteroffer. Evaluate any settlement by comparing it to your total damages. If the insurer rejects liability or offers an inadequate amount, you may file a lawsuit in Missouri circuit court before the five-year deadline under Section 516.140.
Disclaimer: This article provides general information about Missouri law. It does not constitute legal advice. Always consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Document every medical visit, therapy session, and related expense.
- Take photos of injuries and accident scenes as soon as possible.
- Keep a daily journal of pain levels and treatment progress.
- Review the at-fault policy’s declaration page for MedPay limits.
- Respond to insurer requests promptly and keep written records of all communications.