Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
After a car accident in Missouri, you can seek property damage compensation separately from bodily injury. Missouri law treats property damage and personal injury as distinct claims. Follow these steps to protect your rights and recover the full value of your vehicle loss.
1. Review Your Insurance and Identify Liability
Missouri Revised Statutes §303.025 requires drivers to carry liability coverage that includes property damage. RSMo 303.025. Check your policy’s property damage limits, deductible, and the at-fault driver’s coverage. If another driver caused the damage, their insurer should cover your repair costs.
2. Notify Your Insurer Promptly
Provide written notice to your insurer as soon as possible. Timely notice preserves your claim rights and prevents denials based on late reporting. Missouri courts require you to cooperate fully during the investigation.
3. Document and Estimate Repair Costs
Take clear photos of all damage from multiple angles. Obtain at least two independent repair estimates from certified mechanics or body shops. Keep copies of all receipts, including towing and storage expenses.
4. Submit a Third-Party Property Damage Claim
Send your repair estimates, photos, and a written demand letter to the at-fault driver’s insurance company. While Missouri law does not mandate a specific form, insurers generally request a clear statement of your damages and contact information.
5. Evaluate and Negotiate Settlement Offers
Review the insurer’s offer against your documented costs. If the offer is insufficient, respond with a counteroffer supported by your evidence. Be prepared to explain any discrepancies in repair estimates.
6. File a Lawsuit if Negotiations Stall
If you cannot reach a fair settlement, consider court action. Missouri imposes a five-year statute of limitations for property damage actions. RSMo 516.120. For claims up to $5,000, you may use the small claims division under RSMo 483.010. Larger claims must be filed in the appropriate circuit court.
Helpful Hints
- Photograph all damage immediately after the accident to preserve evidence.
- Obtain written estimates from multiple, reputable repair shops.
- Keep a detailed record of all related expenses, including rental cars.
- Review your policy for rental reimbursement or loss-of-use coverage.
- Understand your deductible and how it affects your out-of-pocket costs.
- Consult an attorney if the insurer denies liability or lowballs your settlement.