What to do if the insurer’s top offer won’t cover your treatment and lost wages
Short answer: In Missouri you have several paths — negotiate more, use other available coverages, pursue a third‑party claim, use appraisal or alternative dispute resolution if available, or file a lawsuit. Which path is best depends on your type of claim (auto, workers’ compensation, health insurer, or liability carrier) and the policy language. This article explains the options and next steps so you can decide whether to hire an attorney.
Detailed answer — Practical options under Missouri law
1) Identify the type of claim and the applicable policy
Start by confirming whether the insurer offering money is your own insurer (first‑party), the at‑fault person’s liability insurer (third‑party), a workers’ compensation carrier, or a health plan. Different rules apply to each.
2) Gather and organize proof of your losses
Insurers respond to documentation. Organize medical records, itemized medical bills, receipts, wage statements showing lost income, employer letters confirming missed work, and any evidence tying treatment and lost wages to the incident. A clear demand packet strengthens negotiation or any later litigation.
3) Ask for a written breakdown and make a targeted demand
Request a written explanation of how the insurer arrived at its top offer. If the carrier undervalued particular items (for example future medical care or lost earning capacity), prepare a written demand that shows the full loss and a reasonable basis for a higher amount.
4) Use other policy coverages where available
- Medical payments (MedPay) or Personal Injury Protection (PIP): If you have MedPay or PIP on an auto policy, those cover medical bills regardless of fault and may supplement the settlement.
- Uninsured/Underinsured Motorist (UM/UIM): If a third party’s liability limits are too low, you may tap your own UM/UIM coverage. Review your policy for notice and proof requirements.
- Health insurance coordination: Health insurers may have subrogation or lien rights. Understand how health plan payments will be repaid after settlement.
- Workers’ compensation: If the injury happened at work, your remedy may be workers’ compensation under Missouri law (see Missouri workers’ compensation statutes). That system usually covers medical treatment and wage replacement, but it may limit third‑party recovery in some situations.
For Missouri workers’ compensation law see: RSMo Chapter 287 (Workers’ Compensation).
5) Consider appraisal, mediation, or arbitration
Many insurance policies contain appraisal clauses or require alternative dispute resolution. Appraisal is commonly used in property disputes and some auto disputes to value loss. Mediation or arbitration can be a faster, less expensive way to reach a fair result than a jury trial. Check your policy and any demand letter for these options.
6) Evaluate a bad‑faith or unfair‑claims claim
Missouri law prohibits certain unfair claim practices. If an insurer unreasonably denies payment, fails to investigate, or refuses reasonable settlement despite clear liability, you may have claims under Missouri’s insurance statutes or in tort for unfair handling. These cases can be complex and often require proof that the insurer acted unreasonably in view of the claim facts.
For Missouri’s insurance laws see: RSMo Chapter 375 (Insurance Code). For consumer assistance, see the Missouri Department of Commerce & Insurance: insurance.mo.gov.
7) File suit against the at‑fault party (third‑party liability claim)
If the at‑fault party’s insurer won’t pay enough, you can file a lawsuit against the at‑fault person to recover medical expenses, past and future lost wages, and possibly other damages (pain and suffering). Before filing, check the applicable statute of limitations so you don’t lose your right to sue.
Missouri’s statutes of limitations are found in the Revised Statutes (for timing rules, consult the appropriate chapter). See: RSMo Chapter 516 (Limitations of Actions).
8) Consider cost and forum — small claims vs. circuit court
For smaller unpaid bills, Missouri small claims courts allow you to bring a case quickly and with low filing fees. For larger claims (significant medical costs, future wage loss, or complex liability), circuit court is the proper forum and usually requires hiring an attorney.
9) Talk to an attorney about settlement strategy or litigation
An attorney can evaluate whether the insurer’s offer is unreasonable, identify additional coverages, prepare a demand letter or lawsuit, and represent you in mediation or trial. Many personal injury attorneys in Missouri work on contingency — they collect a fee only if you recover. A lawyer can also spot lien/subrogation issues from health insurers or workers’ compensation carriers that affect your net recovery.
10) Preserve evidence and document costs while you decide
Continue to track and preserve all records: medical care, prescriptions, appointments, wage statements, time missed from work, and communications with insurers. These records are essential whether you negotiate, arbitrate, or litigate.
11) Sample roadmap (hypothetical facts)
Hypothetical: You were in an auto crash. The at‑fault insurer offers $5,000, but your medical bills and lost wages total $15,000:
- Verify policy limits and whether you have UM/UIM or MedPay.
- Send a written demand attaching medical bills and wage verification, asking for a specific higher amount and deadline.
- If the carrier refuses, consider mediation or appraisal (if policy allows) or prepare to sue the at‑fault driver in circuit court before the statute of limitations expires.
- Consult an attorney about whether a bad‑faith claim or claim under Missouri insurance statutes is appropriate.
Helpful Hints
- Get everything in writing. Ask for written explanations of offers and denials.
- Keep a single organized file (paper or digital) with medical records, bills, payslips, and insurer correspondence.
- Don’t sign a release or accept a final payment until you understand whether it closes out future medical needs or wage loss claims.
- Check deadlines: insurance notice requirements and Missouri statutes of limitations can bar claims if you wait too long.
- Ask whether your bills are subject to liens (health plan subrogation or provider liens). That affects what you’ll actually keep after settlement.
- If you have a possible workers’ compensation claim, contact an experienced attorney early — WC claims follow a different track from third‑party suits.
- Think about net recovery. A large headline offer may be reduced by liens, attorney fees, and unpaid bills. Talk to a lawyer for a net calculation.