What If My Insurance Company Refuses to Pay After a Car Accident in Missouri?

Missouri is an at-fault state which means that if you have an accident in Kansas City, MO, you’ll need to file a claim against the other driver’s insurance. A personal injury attorney can guide you through the process and help ensure that you get a fair settlement.

What To Do If the Insurance Company Refuses to Pay After a Car Accident in Kansas City, MO

The Unfair Claims Settlement Practices Act in Missouri outlines standards for how insurance companies must handle claims. This means they must act in good faith and respond to claimants within strict deadlines.

This doesn’t mean that every claim must be paid. Insurance companies are permitted to investigate claims and refuse those that aren’t valid. However, every valid claim must be paid in full without any unfair reduction in the settlement. If an insurance company refuses a claim, it must provide a clear reason to the claimant.

Understand the Reason for the Denial

Missouri relies on pure comparative negligence law, so you can still file a claim even if you were partly at fault for the accident. If your claim is denied, it’s vital to understand the reason. This will allow you to provide the right kind of counter-evidence to appeal the insurer’s decision. Some of the most common reasons include:

• You were completely at fault for the accident
• You don’t have any verified injuries
• You didn’t consult a medical professional immediately
• You haven’t followed medical advice
• Your claim was submitted too late
• Your claim is more than the policy limits
• You didn’t co-operate with the investigation

Bad Faith Insurance Denials

Also known as vexatious denials, a bad faith denial describes when an insurance company has not attempted to make a fair decision. For a denial to qualify as vexatious or bad faith, it must meet three criteria:

• The insurance policy must be valid and in force
• Payment for the losses was refused by the insurer
• There was no reasonable explanation or cause for the refusal

Not all denied claims qualify as bad faith. If the insurer has made an honest attempt but relied upon unclear evidence or made a mistake, the claim could be overturned on appeal but not considered to be vexatious. The distinction is key because Missouri law allows claimants to take legal action against vexatious denials and the court can award punitive damages and expenses.

Consult a Personal Injury Lawyer in Missouri

If your claim has been denied, you have the option of either appealing directly to the insurer or filing a lawsuit. An experienced personal injury attorney can help you to determine the most appropriate route and present your case. Where there may have been a simple mistake or there is a lack of evidence, a direct appeal may be sufficient. If an appeal has already been refused or the insurance company is acting in bad faith, a lawsuit may be a better option.

With our extensive experience in handling personal injury claims, we have the skills to help. Contact us today at Troppito Miller Griffin Attorneys at Law in Kansas City, MO to talk to the legal professionals who care.

Tags: Car Accident, Insurance Companies
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