Missouri · Comparative fault · Updated Oct 2026

Comparative fault in Missouri: who pays when both drivers share the blame

How pure comparative fault works in Missouri, the law behind it and how insurers apply it.

Short answer

In Missouri, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault.

Rule
Pure comparative
You recover nothing at
No cutoff: your damages are only reduced
Law
Missouri adopted pure comparative fault in 1983 (Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983)); confirmed by the Missouri Department of Commerce and Insurance auto FAQ.
Insurance system
Fault (tort)

Insurance and small claims in Missouri

No PIP. Liability insurance pays for injuries and damage you cause when the crash is your fault (Missouri Department of Commerce and Insurance).

Small claims limit for car damage in Missouri: $5,000. Missouri small claims guide on Small Claims Map

How fast an insurer must handle a claim in Missouri

  • Insurers must acknowledge claim communications within 10 working days (20 CSR 100-1.030), finish investigating within 30 days unless they can't reasonably do so, and tell a first-party claimant whether the claim is accepted or denied within 15 working days after getting all needed forms (20 CSR 100-1.050).
  • Improper claims practices are listed in RSMo § 375.1007.

More facts for Missouri

  • The Department cannot decide who was at fault; if you disagree, you can go to court or claim under your own policy (DCI FAQ).

If the insurer says you were partly at fault

  1. Get the police report. For crashes handled by the Missouri State Highway Patrol, wait 10 days after the crash, then submit an online records request; the fee is $6 per basic crash report (no cash). Reporting a crash in Missouri and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Missouri Department of Commerce and Insurance, Consumer Affairs.
  4. Sue before the deadline: 5 years for both property damage and injury. Deadlines to sue in Missouri, with the calculator

Who pays in Missouri: fault and payout explainer

Pure comparative faultIn Missouri, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault.

Free help in Missouri

Questions about comparative fault in Missouri

Is Missouri a comparative negligence state?

Yes, pure comparative negligence. Missouri adopted pure comparative fault in 1983 (Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983)); confirmed by the Missouri Department of Commerce and Insurance auto FAQ.

Where can I complain if an insurer blames me unfairly in Missouri?

Missouri Department of Commerce and Insurance, Consumer Affairs: https://insurance.mo.gov/consumer-complaints/insurance-complaints · 800-726-7390

How fast must an insurer handle a car insurance claim in Missouri?

Insurers must acknowledge claim communications within 10 working days (20 CSR 100-1.030), finish investigating within 30 days unless they can't reasonably do so, and tell a first-party claimant whether the claim is accepted or denied within 15 working days after getting all needed forms (20 CSR 100-1.050). Improper claims practices are listed in RSMo § 375.1007.

How do I get the police report in Missouri?

For crashes handled by the Missouri State Highway Patrol, wait 10 days after the crash, then submit an online records request; the fee is $6 per basic crash report (no cash). The Patrol reports a backlog. For crashes handled by city police or a sheriff, ask that agency. https://apps.mshp.dps.mo.gov/MSHPWeb/PatrolDivisions/PRD/TrafficCrashReports/PRDCrashReports.html

More for Missouri drivers

Nearby states

Sources

Last checked: Oct 24, 2026.