Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
Under Missouri law, you must prove fault and damages to prompt the at-fault party’s insurer to accept liability. Follow these steps to strengthen your claim:
1. Promptly Notify the Insurer
Missouri drivers must maintain liability coverage. After an accident, send written notice to the at-fault driver’s insurer. Include the policy number, date, location, and a brief description of injuries. This aligns with Missouri’s proof-of-financial-responsibility rules under Mo. Rev. Stat. § 303.190.
2. Gather and Preserve Evidence
Collect a police report, photographs of the scene and injuries, and contact information for witnesses. Strong evidence establishes fault and prevents disputes.
3. Document Your Injuries and Expenses
Seek medical treatment immediately. Keep all medical records, bills, prescription receipts, and therapy documentation. Detailed records show the insurer the extent of your damages.
4. Submit a Detailed Demand Letter
Draft a demand letter that outlines the accident facts, liability evidence, and itemized damages. Attach supporting documents like medical bills and repair estimates. A clear demand can prompt an insurer to accept liability and settle.
5. Cooperate with Reasonable Requests
Insurers may request additional information, statements, or an independent medical examination. Respond promptly and honestly. Cooperation helps avoid coverage defenses or delays.
6. Understand the Statute of Limitations
In Missouri, you generally have five years to file a personal injury lawsuit under Mo. Rev. Stat. § 516.140. Missing this deadline can bar your claim entirely.
Helpful Hints
- Send all correspondence by certified mail with return receipt.
- Create a dedicated file for claim documents and notes.
- Keep a diary of symptoms and recovery progress.
- Avoid social media posts about the accident or injuries.
- Consider consulting a personal injury attorney early to review your claim.