Underinsured motorist coverage in Missouri is automobile insurance that covers you if the injuries you sustain in an auto accident (which was not your fault) exceed the insurance coverage of the driver who hit you. This coverage can pay you additional compensation after you've received all available money from the at-fault driver's insurance policy.

Why Underinsured Motorist Coverage Matters in MissouriSt. Louis Car Accident Lawyer

Missouri only requires drivers to carry $25,000.00 coverage for each injured person. If you're involved in an accident with a driver who carries this minimum coverage, that's the maximum you can collect from their insurance company for your injuries.

This means if you have medical bills exceeding $25,000.00, you may be responsible for paying the remainder yourself—even if the accident wasn't your fault. While you could attempt to sue the other driver personally, minimal insurance coverage often indicates the person has minimal income or assets, making collection of any judgment difficult or impossible.

Underinsured vs. Uninsured Motorist Coverage

Underinsured motorist coverage should not be confused with uninsured motorist coverage:

  • Uninsured motorist coverage is required on every Missouri auto policy and pays you if the other driver has no insurance at all.
  • Underinsured motorist coverage is optional in Missouri and requires payment of an additional premium.

If you're not sure whether you have underinsured motorist coverage, contact your insurance agent to verify.

How Underinsured Motorist Coverage Works

Underinsured motorist coverage typically provides "gap" coverage for the difference between what the at-fault driver has for insurance and what you have for coverage. For example, if you purchase $100,000.00 in underinsured motorist coverage and the other driver only has $25,000.00 in coverage, your policy could pay up to an additional $75,000.00 for your injuries.

Important considerations:

  • Underinsured motorist coverage generally doesn't apply until after you've received the policy limits from the at-fault driver's insurance.
  • If you settle with the other driver's insurance for less than their policy limits, underinsured motorist coverage will not apply.
  • You must read your automobile policy before settling with an underinsured motorist, as your insurance carrier might require specific actions before you can settle with the other driver.
  • Failure to complete required actions could result in your own insurance company denying payment.

Legal Complexities with Underinsured Motorist Coverage

Because underinsured motorist coverage isn't required in Missouri insurance policies, insurance companies have considerable freedom in how they word policies. This has resulted in significant litigation in Missouri courts over which underinsured motorist policy provisions are fair and enforceable.

It's highly recommended that you:

  1. Speak to an experienced attorney before settling with your underinsured motorist carrier
  2. Consult with a car accident attorney before settling with the at-fault driver if you think you have a potential underinsured motorist claim on your own policy
Jill S. Bollwerk
Helping St. Louis area residents with personal injury, workers' compensation & insurance appeals/disputes.