Ryan Bradley | August 8, 2025 | Car Accident
Key Takeaways:
- Missouri is NOT a no-fault state. The at-fault driver’s insurance should pay for damages after your accident. You have the right to sue for full compensation, including pain and suffering.
- Pure comparative fault. Missouri follows the pure comparative fault rule, meaning you can recover compensation even if you have some responsibility in a crash. However, your compensation gets reduced by your percentage of fault.
- You can file a lawsuit immediately. No-fault states often bar lawsuits unless injuries are serious or insurance limits are met. However, Missouri’s at-fault system gives you full legal recourse from day one.
It’s a familiar scenario across Missouri: you’re sitting at a red light in St. Louis when a distracted driver plows into the back of your car. Your neck hurts, your car is totaled, and you’re left wondering who’s going to pay for all this. In this instance, the answer is clear: Missouri is not a no-fault state, which means the driver who hit you is responsible for your damages.
Read on to discover exactly how Missouri’s at-fault system works, what insurance you need, and how it affects your compensation after an accident.
Is Missouri a No-Fault State? (The Short Answer)
No, Missouri is not a no-fault state. The state operates under an at-fault insurance system, meaning the driver who caused your accident is responsible for paying your damages. The at-fault system gives you significantly more rights than drivers in no-fault states, including the ability to immediately sue for full compensation.
Missouri’s car accident laws operate under an at-fault system that affects everything from how insurance claims get handled to what compensation you can recover after someone else’s careless driving ruins your day or even your life.
That said, confusion often arises because some insurance coverage in Missouri works on a “no-fault” basis, such as your uninsured motorist coverage or Medical Payments Coverage (MedPay). But that’s completely different from living in a no-fault state. Missouri’s legal system still holds careless drivers accountable for the harm they cause.
Fault vs No-Fault: What’s the Difference?
The basic difference between a no-fault vs an at-fault state like Missouri comes down to who pays when accidents happen and what rights you have afterward.
- No-fault states: In no-fault states, your own insurance company pays for your medical bills and lost wages regardless of who caused the accident. You’re also barred from suing the other driver unless your injuries meet strict “serious injury” thresholds. These thresholds vary by state but usually require victims to be significantly injured or have suffered a permanent disability.
- At-fault states: At-fault states (like Missouri) work differently. The driver who causes the accident is responsible for everyone’s damages. Their insurance company pays medical bills, lost wages, property damage, and pain and suffering for everyone hurt in the crash. If their insurance policy isn’t enough to cover everything, injured victims can sue and go after a driver’s personal assets.
This system means accident victims in Missouri have more options for recovery, but may face more hassles dealing with the other driver’s insurer. No-fault systems, on the other hand, while promising quicker payment of basic expenses, can limit your right to seek full compensation.
What At-Fault Laws Mean for Missouri Drivers
Missouri’s at-fault system creates both opportunities and responsibilities for drivers. For example, when you cause an accident, your liability insurance pays for everyone you injure, including other drivers, passengers, and pedestrians. Your insurance company will investigate claims and even defend you in court if necessary.
When someone else causes your accident, you could have various avenues to seek compensation:
- File directly with the responsible driver’s insurance (third-party insurance claim)
- Work through your own insurer, like with uninsured or underinsured motorist coverage
- Sue the driver in court
The Missouri fault system also means you need adequate liability coverage to protect your personal assets. If you’re involved in an accident and have some or all responsibility, other drivers could come after your assets, such as your house and savings.
Non-Economic Damages in Missouri
Missouri’s at-fault system allows victims to seek non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life immediately after an accident. These damages may exceed economic losses and typically aren’t available in no-fault states unless injuries are significant.
Required Insurance Coverage in Missouri
Missouri doesn’t have no-fault insurance, but state law requires all drivers to carry minimum insurance. While the mandated amounts offer some protection for those involved in crashes, they often prove inadequate for serious accidents with catastrophic injuries and totaled cars. Here’s a quick reference guide listing required minimum insurance coverage:
| Coverage Type | Mandatory Minimum Required in Missouri | What It Covers |
|---|---|---|
| Bodily Injury Liability (per person) | $25,000 | Medical bills, lost wages, pain and suffering |
| Bodily Injury Liability (per accident) | $50,000 | Total bodily injury coverage for all people injured in one accident |
| Property Damage Liability | $25,000 | Damage to vehicles, buildings, or property |
| Uninsured Motorist (per person) | $25,000 | Your medical bills when hit by uninsured drivers |
| Uninsured Motorist (per accident) | $50,000 | Total uninsured motorist coverage for all injured people in your vehicle |
Despite Missouri’s mandatory insurance laws, thousands of drivers statewide don’t have any coverage. And out-of-state motorists driving in Missouri may not have adequate coverage, depending on their home states’ insurance requirements.
Speak With An Attorney About Your Case
How Missouri’s Pure Comparative Fault Rule Affects Your Compensation
Missouri law, under Mo. Rev. Stat. § 537.765, uses a “pure comparative fault” system. This means you can recover damages even when you’re partially responsible for a collision. However, your compensation will be reduced by your percentage of fault.
Here’s how this works in practice: Imagine you’re at an intersection and turning left, when another driver runs a red light and T-bones you. The investigation finds that you’re 20% at fault, and the other driver is 80% at fault. If your damages total $100,000, you’d recover $80,000.
When Can You File a Lawsuit in Missouri?
You can sue immediately after any accident in Missouri if another driver was responsible for your injuries. There’s no requirement to wait for insurance companies to finish their investigations or accept their settlement offers. You also don’t need to meet injury thresholds or exhaust insurance benefits before filing suit.
However, there is a deadline beyond which you generally can’t file a personal injury lawsuit: Missouri’s statute of limitations (Mo. Rev. Stat. § 516.120), which gives you five years from the accident date to file a lawsuit. Property damage claims also have a five-year deadline, while wrongful death cases must be filed within three years of the person’s death.
Making Missouri’s At-Fault System Work for You
Understanding Missouri’s at-fault system helps you make smarter decisions about insurance, claims, and legal representation. Here’s what to know:
- Insurance buying strategy: Since you can be sued for full damages in Missouri, buying only minimum liability coverage could leave your personal assets on the line. Consider higher limits and umbrella policies for better accident protection.
- Claims handling: Missouri’s system means you’re negotiating with the other driver’s insurance company, which has no obligation to treat you fairly. Avoid recorded statements and don’t accept the first settlement offer, as it may be an attempt to cheat you on your car accident claim
- Legal representation timing: If your medical bills exceed $10,000 or fault is disputed, consider seeking legal representation to ensure you’re treated fairly. Insurance companies take you more seriously with a trial-ready lawyer in your corner.
Missouri vs No-fault States: Side-by-Side Comparison Table
| Topic | Missouri (At-Fault) | No-Fault States |
|---|---|---|
| Who Pays Medical Bills | At-fault driver’s insurance | Your own insurance (PIP coverage) |
| Right to Sue | Right to file lawsuit for any injury | Must meet injury thresholds |
| Pain and Suffering | Full recovery possible | Restricted to serious injury cases |
| Insurance Settlement | Negotiated with at-fault driver’s insurer | Limited control: your insurer pays basic benefits |
| Speed of Payment | May be delayed due to fault investigation | Faster payment of basic benefits |
| Required Coverage | Liability and uninsured motorist | Liability and Personal Injury Protection (PIP) |
| Insurance Premium Costs | Generally lower | Often higher due to PIP requirements |
FAQs
What happens if the at-fault driver doesn’t have insurance in Missouri?
Your uninsured motorist coverage (UM) should pay for your damages up to your policy limits. You can also sue the uninsured driver personally, though many uninsured drivers have limited assets to collect from.
What’s the difference between MedPay and UM/UIM coverage in Missouri?
MedPay is optional coverage that pays your medical bills regardless of fault. Uninsured motorist coverage (UM) is required in Missouri. It’s part of your own policy and acts like the other driver’s liability insurance when they’re uninsured. Underinsured motorist coverage (UIM) isn’t mandatory in Missouri, but it can be a good idea if you’re looking to protect yourself.
Do I need a lawyer if Missouri isn’t a no-fault state?
While you have the right to pursue your own claim, insurance companies often use Missouri’s comparative fault rules and other tactics to minimize payouts. An experienced attorney can help prove the other driver’s fault, counter insurance company tactics, and aim for maximum compensation.
Injured in Missouri? Bradley Law Fights for Maximum Compensation
You don’t have to fight for justice and compensation alone and risk an insurer minimizing or even refusing your claim. Bradley Law Personal Injury Lawyers has spent over two decades helping injured people recover the settlement or judgment they needed to get their lives back on track after a serious injury. We have recovered over $100 million for clients with record-breaking settlements and verdicts, and could help you too get fairly compensated.
The time to file a lawsuit in Missouri is limited. Claim your free case evaluation today and take the first step to justice and compensation.