After a car accident in Missouri, you have two main options for seeking compensation: insurance claim or lawsuit. An insurance claim involves requesting payment directly from the at-fault driver’s insurance company, while a lawsuit means taking your case to court when the insurance company won’t offer fair compensation.
The right choice depends on factors like the severity of your injuries, whether fault is disputed, and the insurance coverage available.
Most Missouri accident victims start with an insurance claim because it’s faster and less complicated than going to court. However, insurance companies often try to minimize payouts or deny claims altogether, especially when serious injuries are involved.
When this happens, filing a lawsuit may be your only option to recover the full compensation you deserve for your medical bills, lost wages, and other damages.
What Is an Insurance Claim in Missouri?
An insurance claim is your formal request to the at-fault driver’s insurance company for money to cover your losses. This is the first step most Missouri accident victims take after a crash.
How Does an Insurance Claim Work?
You start by calling the other driver’s insurance company to report the accident. They assign an adjuster who investigates by looking at the police report, photos, and your medical records.
The adjuster decides whether their driver was at fault. If they accept responsibility, they’ll make you a settlement offer. If they deny fault, your claim gets rejected.
What Can a Claim Cover?
Insurance claims pay for specific types of losses from your accident: Hospital bills, doctor visits, and prescription costs that result from medical bills after your accident
- Medical expenses: Hospital bills, doctor visits, and prescription costs
- Lost wages: Money you missed from being unable to work
- Property damage: Repairs or replacement of your vehicle
- Rental car costs: Transportation while your car is being fixed
What Are the Pros of Filing a Claim?
Claims are usually faster than lawsuits, often resolving in weeks or months. You don’t pay any upfront costs to file a claim. The process stays private between you and the insurance company.
What Are the Cons of Filing a Claim?
Insurance companies only pay up to their driver’s policy limits, which might not cover all your damages. Adjusters are trained to pay as little as possible. You can’t get punitive damages through an insurance claim.
What Is a Lawsuit After a Missouri Car Accident?
A lawsuit is when you take your case to Missouri court because the insurance company won’t pay fairly. This means filing legal papers and following court rules to get compensation.
When Does a Claim Become a Lawsuit?
You might need to file a lawsuit when the insurance company creates problems:
- Claim denial: They refuse to pay anything
- Lowball offers: Their settlement is far too small
- Disputed fault: They blame you for the accident
- Policy limits: Your damages exceed their coverage
What Are the Steps in a Missouri Lawsuit?
First, our experienced auto accident attorneys in St. Louis file a petition with the court explaining what happened. Next comes discovery, where both sides share evidence and take depositions under oath.
Settlement talks continue throughout the process. If no agreement is reached, your case goes to trial where a judge or jury decides the outcome.
What Are the Pros of Filing a Lawsuit?
Lawsuits let you seek full compensation beyond insurance policy limits. The discovery process forces the other side to share evidence they might otherwise hide. Only lawsuits can get you punitive damages for extremely reckless behavior.
What Are the Cons of Filing a Lawsuit?
Lawsuits take much longer than claims, often lasting years instead of months. You’ll face court costs and expert witness fees. Going to trial is stressful and outcomes aren’t guaranteed.
Claim vs Lawsuit: What Are the Key Differences?
Both options aim to get you money, but they work very differently. Understanding these differences helps you make the right choice for your situation.
Who Decides the Outcome?
With an insurance claim, the company’s adjuster decides how much they’ll pay. With a lawsuit, an impartial judge or jury hears both sides and makes the decision.
How Do Timeline and Costs Compare?
| Factor | Insurance Claim | Lawsuit |
| Timeline | 2-6 months | 1-3 years |
| Upfront costs | None | Court fees, expert costs |
| Privacy | Confidential | Public record |
What Evidence Rules Apply?
Claims involve informal evidence sharing where you provide what you have. Lawsuits have formal discovery where your lawyer can legally force the other side to hand over documents, phone records, and other evidence.
Are There Compensation Limits or Punitive Damages?
Claims are capped by the at-fault driver’s insurance policy limits. Lawsuits let you seek unlimited compensation and punitive damages for extremely reckless conduct like drunk driving.
Is It Private or Public? Can I Appeal?
Insurance settlements remain private between you and the company. Lawsuits become public court records anyone can access. You can’t appeal a settlement once signed, but you can appeal a court verdict.
When Should You Consider a Lawsuit Instead of a Claim?
Some situations make insurance claims inadequate for getting fair compensation. These circumstances almost always require filing a lawsuit.
Do Severe Injuries Exceed Policy Limits?
Missouri requires drivers to carry only $25,000 in liability coverage per person. Serious injuries like traumatic brain injuries or spinal damage easily cost more than this minimum amount.
If your medical bills and future care needs exceed the policy limits, you’ll need a lawsuit to recover the full amount. Insurance companies won’t pay beyond their limits no matter how badly you’re hurt.
What If Liability Is Disputed or the Claim Is Denied?
Insurance companies sometimes deny valid claims or unfairly blame accident victims. When this happens, only a lawsuit can force them to face the evidence in court.
A judge or jury can review all the facts without the insurance company’s bias. This neutral review often leads to fair outcomes when insurers won’t cooperate.
What If Commercial Vehicles or Multiple Parties Are Involved?
Truck accidents and multi-car crashes involve complex insurance situations. Multiple insurance companies might point fingers at each other while refusing to pay you.
Lawsuits help identify all responsible parties and sort through the different insurance policies. This ensures you don’t miss potential sources of compensation.
How Missouri Law Changes Your Strategy
Missouri has specific laws that affect whether you should file a claim or lawsuit. These rules directly impact your ability to get compensation.
What Is the Statute of Limitations?
You have five years from your accident date to file a personal injury lawsuit in Missouri under the state’s statute of limitations.
This long deadline gives you time to see how your injuries develop. However, waiting too long weakens your case as evidence disappears and witnesses forget details.
How Does Pure Comparative Fault Affect Recovery?
Missouri follows a pure comparative negligence system that lets you recover money even if you’re partially at fault for the accident. Your compensation gets reduced by your percentage of blame.
What Insurance Rules Matter in Missouri?
Missouri is an at-fault state where the person who caused the crash pays for damages. All drivers must carry liability insurance, but minimum amounts are often too low for serious injuries.
Understanding these rules helps you know what insurance coverage is available for your claim or lawsuit.
Does No Pay No Play Limit Uninsured Drivers?
Yes. Missouri’s No Pay No Play law prevents uninsured drivers from recovering pain and suffering damages. This applies even when the other driver is completely at fault.
You can still get medical bills and lost wages covered, but you lose the right to compensation for pain, emotional distress, and other non-economic damages.
What Are Time-Limited Demands?
A time-limited demand is a settlement offer with a deadline that creates pressure on insurance companies. If they refuse and a jury later awards more money, they might have to pay the entire verdict even if it exceeds policy limits.
Your lawyer can use this tool to encourage fair settlement negotiations before filing a lawsuit.
How to Protect Your Case Before You Decide
What you do right after an accident affects both insurance claims and potential lawsuits. Taking the right steps protects your options later.
What Should You Say to Insurers?
Be careful when talking to the other driver’s insurance company. They’re not on your side despite seeming helpful.
Do provide basic information like your name and the accident date. Don’t give recorded statements or sign documents without legal advice. Never admit fault or speculate about your injuries.
How Do You Preserve Critical Evidence?
Strong evidence makes both Missouri car accident claims and lawsuits more successful. Gather this information as soon as possible:
- Photos: Accident scene, vehicle damage, and visible injuries
- Witness information: Names and phone numbers of people who saw the crash
- Police report: Get a copy once it’s available
- Medical records: Keep all treatment documentation and bills
Should You Wait for MMI Before Settling?
Maximum Medical Improvement (MMI) is when your doctor says your condition won’t get better with more treatment. Settling before MMI means you might not know your full medical costs.
Waiting until MMI gives you a complete picture of your injuries and future needs. This helps ensure any settlement covers all your expenses.
Will a Lawsuit Get You More Money?
Lawsuits can result in higher compensation, but the final amount you receive depends on several factors beyond the initial verdict or settlement.
What Is Your Net Recovery After Fees and Liens?
Your net recovery is what you actually take home after paying attorney fees, case costs, and medical liens. A good lawyer works to maximize this final amount.
Attorney fees are usually charged as a percentage of your recovery and can vary depending on the case. Medical providers and insurance companies might also claim parts of your settlement through liens.
Could You Seek Punitive Damages?
Punitive damages punish defendants for extremely reckless behavior and deter others from similar conduct. These are only available through lawsuits, not insurance claims.
Missouri courts award punitive damages in cases involving drunk driving, intentional harm, or grossly negligent behavior. These damages can significantly increase your total recovery.
Do You Need a Missouri Car Accident Lawyer?
Deciding between a claim and lawsuit while recovering from injuries is challenging. An experienced attorney guides you toward the best option for your situation.
How Beck & Beck Helps From Day One
We focus exclusively on Missouri auto accident cases and represent injured drivers. Our family-run firm handles all insurance company communications and investigates your crash thoroughly.
We prepare every case as if it might go to trial, which often leads to better settlement offers. If insurers won’t be fair, we’re ready to take your case to court.
What Does It Cost to Hire Us?
We work on a contingency fee basis, meaning you pay nothing unless we win your case. This arrangement aligns our interests with yours and removes financial barriers to getting legal help.
You can focus on recovery without worrying about upfront legal costs or hourly billing.
Missouri Auto Accident Law… It’s All We Do
The sooner you act, the stronger your position becomes. Early legal involvement protects your rights and preserves crucial evidence for either a claim or lawsuit.
Contact Beck & Beck Missouri Car Accident Lawyers today for a free consultation. We’ll listen to your story and explain your options without any obligation.
FAQ: Claim vs Lawsuit in Missouri
Can I Start With a Claim and File a Lawsuit Later?
Yes, most Missouri car accident cases begin with insurance claims. You can file a lawsuit anytime within five years if the claim doesn’t result in fair compensation.
Do Insurance Claims Include Pain and Suffering in Missouri?
Insurance settlements can include pain and suffering compensation, but adjusters often undervalue these damages compared to what juries might award.
Will Filing a Lawsuit Make My Case Public?
Yes, lawsuits become public court records that anyone can access. Insurance settlements remain private agreements between you and the company.
What If the At-Fault Driver Is Uninsured or Flees?
You can file a claim under your own Uninsured Motorist coverage or pursue a lawsuit against an identified hit-and-run driver.
I Was Uninsured. Can I Recover for Pain and Suffering?
No, Missouri’s No Pay No Play law prevents uninsured drivers from recovering pain and suffering damages even when the other driver is completely at fault.
Will My Health Insurance or MedPay Be Reimbursed?
Yes, health insurers and MedPay coverage typically seek reimbursement from your final settlement or verdict through subrogation rights.
Do I Have to Give a Recorded Statement to the Other Insurer?
No, you’re not legally required to provide recorded statements to the at-fault driver’s insurance company, and we recommend declining without attorney guidance.
Do Most Missouri Car Accident Cases Go to Trial?
No, over 90% of cases settle out of court, but preparing for trial often results in better settlement offers from insurance companies.
