Missouri Fault Rule
Pure Comparative Negligence: Missouri is a pure comparative negligence state with a generous 5-year statute of limitations, allowing ample time for complete medical stabilization and Maximum Medical Improvement documentation.
Statute of Limitations
5 Years (Mo. Rev. Stat. § 537.765 & § 516.120): Claimants must finalize settlement agreements or initiate formal civil actions within 5 years of the collision date.
Statutory Insurance Minimums
25/50/25 ($25k bodily injury / $50k per accident / $25k property damage): These mandatory insurance minimums represent the maximum available coverage under standard policies unless the driver purchased higher optional coverage.
How Fault Apportionment Affects Claims in Missouri
When negotiating auto accident claims in Missouri, insurance adjusters calculate damages using an itemized formula that adds economic losses (medical bills, future treatment, lost earnings, property repair) to non-economic damages (pain and suffering, loss of enjoyment of life).
Under Missouri Revised Statutes § 537.765 and Gustafson v. Benda, any contributory fault attributable to the plaintiff diminishes proportionately the amount awarded as compensatory damages, but does not bar recovery. Even if you were 75% at fault, Missouri law permits collection of 25% of your total verified damages. Understanding this threshold prevents accident victims from being pressured into unfair initial liability splits during adjusters' telephone recorded statements.