Missouri is an at-fault state. The driver who caused the crash, through their insurance, is responsible for what it cost you: medical care, lost wages, the bike, and the pain of it. Missouri also uses pure comparative fault, so the insurer will try to put a share of the blame on you to shrink the number.
In a motorcycle case, that second rule is where the fight is. The insurer's whole strategy is to make the crash partly your fault.
What a motorcycle injury claim can include
A claim is more than the emergency room bill. Missouri law allows recovery for what the crash cost you and what it took from you.
- Medical care, past and future, including surgery, rehab, and follow-up.
- Lost wages, and lost earning ability if you cannot return to the same work.
- The motorcycle and your riding gear.
- Pain, suffering, and the loss of things you used to be able to do.
- In a fatal crash, a wrongful death claim by the family.
The helmet question
Since 2020, Missouri riders 26 and older with health insurance that covers motorcycle injuries may ride without a helmet. Riders under 26 and anyone on an instruction permit must wear one.
Riding legally without a helmet does not make a crash your fault. The insurer may still argue that a helmet would have reduced your injuries, and whether that argument gets any traction depends on the injury and the facts. It is one of the first things we look at.
When the other driver's policy is too small
Missouri's minimum liability coverage does not go far against a serious motorcycle injury. When the other driver's limit is less than the claim, the next place to look is your own policy.
Uninsured and underinsured motorist coverage on your own motorcycle or auto policy can pay the difference, and it is coverage you already paid for. Bring your declarations page to the first meeting and we will read it with you.
Deadlines in Missouri
Missouri gives you five years from the date of the crash to file a personal injury lawsuit. That deadline is not the problem. The problem is that evidence and witnesses do not wait, and insurers count on riders assuming they have plenty of time.
A fatal crash has a shorter deadline for the family's wrongful death claim, and claims involving a government vehicle have their own notice rules. We will flag those on the first call.
