If an insurance company denied your car accident claim in Missouri, the denial does not necessarily mean your case is over. You can demand a written explanation, challenge the insurer’s version of the accident, submit additional evidence, pursue available coverage under your own policy, and, when necessary, file a personal injury lawsuit against the at-fault driver. Missouri generally follows pure comparative fault, which means you may still recover compensation even if the insurance company claims you were partly responsible for the crash—although your recovery can be reduced by your percentage of fault.
If you were injured and the insurance company is refusing to pay, do not assume the adjuster has the final say.
What Should I Do If My Car Accident Claim Was Denied In Missouri?
Take these steps immediately:
- Get the denial in writing.
- Find out exactly why the insurer denied the claim.
- Do not admit fault or argue with the adjuster.
- Continue necessary medical treatment.
- Gather evidence proving how the crash occurred.
- Preserve photographs, video, witness information and medical records.
- Review other insurance coverage that may apply.
- Speak with a Missouri car accident lawyer before accepting the denial.
- Challenge the insurer’s decision with supporting evidence.
- File a lawsuit against the responsible party when necessary.
An insurance company has a financial reason to minimize what it pays. A denial should be investigated—not simply accepted.
Why Would An Insurance Company Deny A Missouri Car Accident Claim?
Insurance companies deny accident claims for many reasons.
Common explanations include:
- The insurer says its driver was not responsible.
- The insurer claims you caused the accident.
- The insurer argues that you were partially responsible.
- The insurance policy was allegedly canceled or expired.
- The driver was allegedly excluded from the policy.
- The insurer questions whether the crash caused your injuries.
- You waited before seeking medical treatment.
- The insurer claims your injuries existed before the accident.
- There are conflicting statements about how the collision occurred.
- The insurance company says there is insufficient evidence.
- The adjuster disputes the seriousness of your injuries.
- The insurer alleges that you failed to cooperate with an investigation.
- A policy exclusion is being used to deny coverage.
Some denials involve legitimate coverage disputes. Others can be challenged with stronger evidence.
Missouri’s Unfair Claims Settlement Practices Act identifies several improper claim practices, including refusing to pay claims without conducting a reasonable investigation and failing to provide a reasonable and accurate explanation for a denial or compromise settlement.
Can An Insurance Company Deny My Claim By Saying I Was At Fault?
They can claim you were at fault. That does not automatically make them right.
Missouri generally follows a pure comparative fault system. Your compensation can be reduced according to the percentage of responsibility assigned to you, but being partially responsible does not necessarily prevent you from recovering damages.
For example:
If your damages were $100,000 and you were eventually found 20% responsible, your potential recovery could be reduced to $80,000.
This matters because an insurance adjuster might tell you:
“Our investigation determined that you contributed to the accident, so we’re denying your claim.”
That statement does not necessarily end your case.
Fault may be challenged using:
- Police reports
- Crash-scene photographs
- Vehicle damage
- Surveillance footage
- Dashcam video
- Witness statements
- Event data recorder information
- Cellphone records
- Accident reconstruction
- Medical evidence
- Testimony from the people involved
The insurer’s fault determination is not a court judgment.
In fact, the Missouri Department of Commerce and Insurance specifically states that it does not determine who was at fault when parties disagree about responsibility for an accident.
What If The Insurance Company Says My Injuries Were Not Caused By The Accident?
This is another common insurance argument.
The adjuster may claim that:
- Your back pain existed before the crash.
- Your neck injury is degenerative.
- Your surgery was unrelated.
- You weren’t hurt because you didn’t go directly to the emergency room.
- Your medical treatment was excessive.
- There was not enough vehicle damage to cause serious injuries.
These arguments can sometimes be challenged through your medical records and medical providers.
Important evidence can include:
- Emergency room records
- Diagnostic imaging
- MRI and CT scan results
- Orthopedic records
- Neurological evaluations
- Physical therapy records
- Surgical recommendations
- Prior medical records
- Physician opinions about causation
- Documentation showing how your symptoms changed after the collision
A pre-existing condition does not automatically mean a new accident could not have aggravated or worsened that condition.
Should I Give The Insurance Adjuster A Recorded Statement After My Claim Is Denied?
Be very careful.
Statements to an insurance adjuster can potentially be used to challenge fault, the severity of your injuries or the value of your claim.
An adjuster may ask seemingly harmless questions such as:
- “How are you feeling today?”
- “Did you see the other vehicle before impact?”
- “Could you have avoided the accident?”
- “Have you ever hurt your back before?”
- “Were you already having neck pain?”
- “Why didn’t you go to the hospital immediately?”
Your answers can become part of the claim file.
If your injury claim has already been denied, consider speaking with an attorney before providing additional statements or signing documents.
Can I Submit More Evidence After An Insurance Claim Is Denied?
Yes. A denial can sometimes be challenged with additional evidence.
The most important first step is obtaining the insurer’s exact reason for denying the claim.
Then evidence can be gathered specifically to address that reason.
For example:
If the insurer disputes fault:
Provide photographs, witnesses, video, police reports or reconstruction evidence.
If the insurer disputes your injuries:
Provide medical records, diagnostic testing and medical opinions.
If the insurer claims there was a coverage problem:
The policy, declarations page, exclusions and applicable Missouri insurance law should be reviewed.
If the insurer claims you were partially responsible:
Evidence can be developed showing what the other driver did to cause the collision.
The goal is not simply to tell the insurance company that it is wrong.
The goal is to prove it.
What If The Other Driver’s Insurance Company Still Refuses To Pay?
A third-party insurance company does not have unlimited authority to determine whether you deserve compensation.
If the insurer continues denying liability, you may have the option of pursuing a personal injury lawsuit against the person or company responsible for causing the accident.
Depending on the circumstances, potentially responsible parties could include:
- Another driver
- A commercial truck driver
- An employer
- A trucking company
- A rideshare driver
- A delivery company
- A vehicle owner
- Another negligent person or business
A lawsuit allows evidence to be obtained through the legal discovery process and ultimately allows fault and damages to be determined through the legal system rather than solely by an insurance adjuster.
Can I Use My Own Insurance After The Other Insurance Company Denies My Claim?
Possibly.
Your own automobile policy should be reviewed for coverage such as:
- Collision coverage
- Medical payments coverage
- Uninsured motorist coverage
- Other applicable first-party benefits
Missouri law requires uninsured motorist protection in automobile liability policies issued for vehicles registered or principally garaged in Missouri, subject to the statute and policy terms.
The coverage available depends on the facts of the accident and the terms of your policy.
Can I File A Complaint Against The Insurance Company In Missouri?
Missouri consumers can file insurance-related complaints with the Missouri Department of Commerce and Insurance.
The department can review an insurer’s response, examine compliance with Missouri insurance law and policy requirements, and require the insurer to provide an explanation.
However, there is an important limitation.
For a claim against another driver’s insurance company, the Missouri Department of Commerce and Insurance generally cannot decide who caused the accident or force the liability insurer to pay your personal injury claim.
That is one reason disputed car accident claims may ultimately require legal action.
How Long Do I Have To Challenge A Denied Car Accident Claim In Missouri?
Do not assume you have unlimited time simply because you are still negotiating with the insurance company.
Missouri Revised Statutes § 516.120 provides a five-year limitations period for many actions involving injury to a person or another person’s rights.
But different deadlines can apply depending on the circumstances.
For example, Missouri wrongful death actions generally must be commenced within three years.
Claims involving governmental entities, insurance contracts and other unusual circumstances may involve additional or different requirements.
Most importantly:
An insurance company’s denial does not mean you should wait until the statute of limitations is approaching before taking action.
Evidence disappears.
Witnesses become harder to locate.
Video gets deleted.
Memories fade.
The sooner a disputed claim is investigated, the better the opportunity may be to preserve evidence.
What Compensation Can I Recover If My Denied Claim Is Successfully Pursued?
Depending on your injuries and the facts of the accident, compensation may include:
- Past medical expenses
- Future medical treatment
- Lost wages
- Reduced earning ability
- Physical pain
- Emotional suffering
- Disability
- Scarring or disfigurement
- Loss of normal activities
- Property damage
- Other accident-related losses
The value of the claim depends on the evidence—not simply what an insurance adjuster initially says the case is worth.
Should I Hire A Lawyer After My Missouri Car Accident Claim Was Denied?
A claim denial is one of the strongest reasons to speak with an experienced Missouri car accident lawyer.
Once the insurer has denied the claim, the dispute may involve questions of:
- Liability
- Comparative fault
- Insurance coverage
- Medical causation
- Damages
- Policy interpretation
- Witness credibility
- Accident reconstruction
A Missouri car accident lawyer can investigate the denial, collect evidence, communicate with the insurer, evaluate available insurance coverage and determine whether a lawsuit should be filed.
You should not have to rely exclusively on the insurance company’s interpretation of the accident.
Frequently Asked Questions About Denied Car Accident Claims In Missouri
Does An Insurance Claim Denial Mean I Cannot Recover Money?
No. A denial is the insurance company’s position on the claim. Depending on the facts, that position may be challenged through additional evidence, negotiations or litigation.
Can The Insurance Company Change Its Decision After Denying My Claim?
Yes. Additional evidence can sometimes cause an insurer to reconsider its liability or coverage determination.
What If The Insurance Company Says I Was Partially At Fault?
Missouri generally uses pure comparative fault. You may still be able to recover damages even when you share responsibility, although your compensation can be reduced according to your percentage of fault.
What If There Is No Police Report?
A missing police report does not automatically destroy a car accident claim. Photographs, witnesses, video, physical evidence, medical records and other evidence may still establish what happened.
What If The Insurance Company Says My Injuries Were Pre-Existing?
Pre-existing medical problems do not automatically eliminate a claim. The key question may be whether the accident caused a new injury or aggravated an existing condition.
Can I Sue After The Insurance Company Denies My Claim?
Potentially, yes. If the responsible driver’s insurer refuses to accept liability or adequately compensate you, a personal injury lawsuit against the responsible party may be necessary.
Should I Accept A Small Settlement Instead Of Fighting The Denial?
Do not accept money or sign a release without understanding what rights you are giving up. A settlement release can prevent you from seeking additional compensation later.
Do I Have To Accept The Insurance Company’s Fault Determination?
No. An insurer’s determination is not the same thing as a court ruling. Disputed fault can be challenged with evidence.
The Insurance Company Said No. That Does Not Mean Your Case Is Over.
If you were hurt in a Missouri car accident and the insurance company has denied your claim, blamed you for the crash, disputed your injuries or simply refuses to pay, you do not have to accept its decision without questioning it.
At Sansone & Lauber, we represent injured people throughout St. Louis and Missouri when insurance companies refuse to take responsibility.
We can review why your claim was denied, investigate the accident, preserve critical evidence, identify available insurance coverage and determine the strongest path forward.
Your claim was denied. Your legal rights were not.
Speak With A Missouri Car Accident Lawyer Today
Call Sansone & Lauber at 314-863-0500 to discuss your Missouri car accident claim.
No games. No runaround. Just answers about what you can do next.
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