Uninsured/Underinsured Motorist Complaint - Missouri

UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. UM vs. UIM Status
7. Count I — Breach of Contract (UM/UIM Benefits)
8. Count II — Vexatious Refusal to Pay (§ 375.420)
9. Damages
10. Stacking Allegations
11. Prayer for Relief
12. Verification

Caption

IN THE CIRCUIT COURT OF [COUNTY NAME] COUNTY, MISSOURI

[DIVISION]

Parties

1. Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff") is an individual residing in [CITY], [COUNTY] County, Missouri, and is an insured under the automobile insurance policy described herein.

2. Defendant [INSURANCE COMPANY NAME] ("Defendant Insurer") is an insurance corporation authorized to transact business in the State of Missouri, with its principal place of business at [INSURER ADDRESS], and may be served at [SERVICE ADDRESS].

3. [JOHN/JANE DOE] ("Uninsured/Underinsured Motorist") is an individual who, at all relevant times, operated a motor vehicle [☐ without liability insurance / ☐ with liability insurance inadequate to compensate Plaintiff's damages].

Jurisdiction and Venue

4. This Court has jurisdiction over this action pursuant to Mo. Const. art. V, § 14, and Mo. Rev. Stat. § 478.070.

5. Venue is proper in [COUNTY] County pursuant to Mo. Rev. Stat. § 508.010 because [☐ the accident occurred in this county / ☐ Plaintiff resides in this county / ☐ Defendant may be found in this county].

6. Plaintiff seeks damages in an amount to be determined at trial. [Confirm the assigned division and any amount-pleading requirements under this circuit's current rules.]

General Allegations

7. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY], in [CITY], [COUNTY] County, Missouri.

8. At said time and place, the Uninsured/Underinsured Motorist negligently operated a motor vehicle, causing a collision with Plaintiff's vehicle.

9. The Uninsured/Underinsured Motorist's negligent acts include but are not limited to:

☐ Failure to maintain a safe speed
☐ Failure to yield the right of way
☐ Failure to maintain a proper lookout
☐ Following too closely
☐ Driving under the influence of alcohol or drugs
☐ Running a red light or stop sign
☐ Improper lane change
☐ Violation of Mo. Rev. Stat. § 304.[SPECIFIC TRAFFIC STATUTE]
☐ Other: [________________________________]

10. As a direct and proximate result of the collision, Plaintiff sustained serious bodily injuries, incurred medical expenses, lost wages, and experienced pain and suffering.

Policy Identification and Coverage

11. At the time of the accident, Plaintiff was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

12. The Policy provides uninsured motorist ("UM") bodily injury coverage with limits of $[UM LIMIT PER PERSON] per person / $[UM LIMIT PER ACCIDENT] per accident.

13. ☐ The Policy provides underinsured motorist ("UIM") bodily injury coverage with limits of $[UIM LIMIT PER PERSON] per person / $[UIM LIMIT PER ACCIDENT] per accident.

14. Plaintiff has paid all premiums due under the Policy and has complied with all conditions precedent.

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) Claim:

15. The at-fault motorist was uninsured at the time of the accident within the meaning of Mo. Rev. Stat. § 379.203, in that [☐ the at-fault motorist had no bodily injury liability insurance in effect / ☐ the at-fault motorist is unknown (hit-and-run) / ☐ the at-fault motorist's insurer is insolvent / ☐ the at-fault motorist's insurer has denied coverage].

☐ Underinsured Motorist (UIM) Claim:

16. The at-fault motorist maintained bodily injury liability coverage with limits of $[TORTFEASOR POLICY LIMIT], which is insufficient to compensate Plaintiff for the full extent of damages sustained.

17. Plaintiff has exhausted or is prepared to exhaust the at-fault motorist's liability policy limits and has obtained [☐ a settlement / ☐ a judgment] in the amount of $[AMOUNT RECOVERED FROM TORTFEASOR].

18. Defendant Insurer was given written notice and the opportunity to consent to the settlement or advance the tortfeasor's policy limits, as required by the Policy.

Count I

Breach of Contract (UM/UIM Benefits)

19. Plaintiff incorporates by reference all preceding paragraphs.

20. The Policy constitutes a valid and enforceable contract between Plaintiff and Defendant Insurer.

21. Plaintiff has performed all conditions, covenants, and obligations required under the Policy, or has been excused from performance.

22. Defendant Insurer has breached the Policy by failing and refusing to pay UM/UIM benefits owed to Plaintiff, despite Plaintiff's timely demand and proof of loss.

23. As a direct and proximate result of Defendant Insurer's breach, Plaintiff has suffered damages in a fair and reasonable amount to be proven at trial.

Count II

Vexatious Refusal to Pay (Mo. Rev. Stat. § 375.420)

24. Plaintiff incorporates by reference all preceding paragraphs.

25. Plaintiff made a claim for UM/UIM benefits under the Policy and provided all requested documentation and proof of loss.

26. Defendant Insurer's refusal to pay the claim was vexatious and without reasonable cause, in violation of Mo. Rev. Stat. § 375.420.

27. Defendant Insurer's vexatious conduct includes:

☐ Unreasonably delaying investigation of the claim
☐ Refusing to pay benefits without a reasonable basis
☐ Failing to make a reasonable settlement offer when liability is clear
☐ Compelling Plaintiff to initiate litigation to recover amounts due
☐ Misrepresenting policy terms or coverage
☐ Other: [________________________________]

28. As a result of Defendant Insurer's vexatious refusal, Plaintiff is entitled to damages not to exceed twenty percent (20%) of the first $1,500 of the loss and ten percent (10%) of the amount of the loss in excess of $1,500, plus reasonable attorney's fees, as provided by Mo. Rev. Stat. § 375.420.

Damages

29. As a result of the accident and Defendant Insurer's breaches, Plaintiff has suffered and continues to suffer the following damages:

☐ Past medical expenses
☐ Future medical expenses
☐ Past lost wages/earnings
☐ Future lost wages/earning capacity
☐ Pain and suffering (past and future)
☐ Emotional distress
☐ Disability and disfigurement
☐ Loss of consortium (if applicable)
☐ Vexatious refusal penalty under § 375.420
☐ Reasonable attorney's fees under § 375.420
☐ Prejudgment interest
☐ Costs of suit

Stacking Allegations

30. ☐ Stacking Claimed (UM): Plaintiff is insured under separate UM coverages for [IDENTIFY VEHICLES/POLICIES AND EACH UM LIMIT], with separate premiums of $[AMOUNT(S)] where applicable. Plaintiff seeks to combine the UM limits for the available coverages, for a total of $[CLAIMED LIMIT], under Mo. Rev. Stat. § 379.203. Identify the policy terms and Plaintiff's insured status; an anti-stacking clause does not by itself defeat a claim to stack separately purchased UM coverages.

31. ☐ UIM Limits (Separate Analysis): For an underinsured motorist claim, the applicable UIM limit is $[APPLICABLE LIMIT] under [IDENTIFY POLICY AND TERMS]. Determine any UIM stacking question from the policy and the coverages available to Plaintiff; do not use this UIM provision to limit statutory UM coverage.

Prayer for Relief

WHEREFORE, Plaintiff respectfully prays that this Court enter judgment in favor of Plaintiff and against Defendant Insurer as follows:

1. For compensatory damages in a fair and reasonable amount according to proof at trial;
2. For UM/UIM policy benefits in the full amount owed under the Policy;
3. For the vexatious refusal penalty under Mo. Rev. Stat. § 375.420;
4. For reasonable attorney's fees under Mo. Rev. Stat. § 375.420;
5. For prejudgment interest as permitted by law;
6. For costs of suit incurred herein; and
7. For such other and further relief as this Court deems just and proper.

DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues triable of right.

Verification

I, [PLAINTIFF FULL NAME], declare under penalty of perjury under the laws of the State of Missouri that the foregoing is true and correct.

Dated: [__/__/____]

Signature: [________________________________]
Printed Name: [PLAINTIFF FULL NAME]

RESPECTFULLY SUBMITTED,

[ATTORNEY NAME], Mo. Bar No. [BAR NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], Missouri [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

State-Specific Notes — Missouri

Sources and References

• Mo. Rev. Stat. § 379.203 — Missouri Revisor of Statutes
• Mo. Rev. Stat. § 379.204 — Missouri Revisor of Statutes
• Mo. Rev. Stat. § 375.420 — Missouri Revisor of Statutes
• Mo. Rev. Stat. § 516.110 — Missouri Revisor of Statutes
• Mo. Rev. Stat. § 516.120 — Missouri Revisor of Statutes
• Mo. Rev. Stat. § 509.050 — Missouri Revisor of Statutes
• Missouri UM/UIM Overview — Brown & Crouppen
• Missouri UIM Coverage — Uhrig & Brown