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Why Are Missouri Tort Victims’ Compensation Fund Claims Increasing?

Summary: Claims to the Missouri Tort Victims’ Compensation Fund have increased significantly in recent years, driven by more situations where injury victims cannot fully recover from the at-fault party. While the Fund provides an important safety net, rising claim volume and funding limitations may affect how much compensation victims ultimately receive.


What Is the Missouri Tort Victims’ Compensation Fund?

The Fund serves as a financial safety net for certain injury victims who cannot fully recover compensation from the person responsible for their injuries.

In Missouri, people injured due to someone else’s negligence may be eligible for compensation from the Missouri Tort Victims’ Compensation Fund when the at-fault party lacks sufficient insurance coverage or financial resources.

Anecdotally, our firm has seen and heard of a significant increase in claims made to the Fund over the years. Missouri Department of Labor data shows that claims filed with the Missouri Tort Victims’ Compensation Fund have surged in recent years. Claims increased from 37 in 2016 to 2,545 in 2023, a nearly 6,800% increase. This highlights a growing need for compensation options when injured victims cannot fully recover from the at-fault party.

This trend raises important questions about compensation availability and the future of the Fund.

Why Are Missouri Tort Victims’ Compensation Fund Claims Increasing?

One likely reason is that many injury victims are unable to recover enough compensation from the at-fault party’s insurance coverage.

Though Missouri requires drivers to carry liability insurance, the state’s minimum limits remain relatively low and many are affected by an accident with an uninsured motorist. Serious injuries can quickly result in medical bills, lost wages, and other damages that far exceed available coverage.

As a result, more injured individuals may be turning to the Missouri Tort Victims’ Compensation Fund for additional financial recovery. Learn What Constitutes Damages in Missouri Personal Injury Cases.

How Do Fund Limitations Affect Injury Victims?

Even if your claim is approved, the amount you receive may be less than your award.

Claims against the Fund are generally capped at $300,000. However, the more significant limitation is the amount of money available within the Fund itself.

At the end of each year:

  • Approved claims are paid from available funds
  • Payments are distributed on a pro-rata basis
  • Claimants may receive only a portion of their award if funding is limited
  • Higher claim volumes can reduce individual recoveries

For injury victims, this means that access to other insurance coverage and compensation sources remains extremely important.

Should Missouri Raise Minimum Insurance Requirements?

Many legal professionals believe higher minimum insurance limits could reduce the need for Fund claims.

Missouri currently requires drivers to carry only $25,000 in liability coverage. Unfortunately, serious injuries often result in damages that far exceed that amount.

Increasing minimum insurance requirements could:

  • Provide greater protection for injury victims
  • Reduce reliance on the Compensation Fund
  • Improve access to full compensation
  • Better reflect the actual costs of modern medical care

How Could Missouri Better Support Tort Victims?

As claims increase, policymakers may need to consider ways to strengthen the Fund.

Missouri has experienced substantial budget surpluses in recent years. Additional funding could help ensure that eligible victims receive a larger percentage of their approved awards and maintain the Fund’s ability to assist those with limited recovery options.

When Should You Contact a Personal Injury Lawyer About a Tort Victims’ Compensation Fund Claim?

You should consider speaking with an attorney if:

  • The at-fault party has little or no insurance
  • Your injuries are serious or permanent
  • Your damages exceed available insurance coverage
  • You are unsure whether you qualify for the Fund
  • Your claim involves multiple sources of compensation

Because eligibility and recovery options can be complex, an attorney can help identify all available avenues for compensation and protect your rights throughout the process.

How Can MRH Law Help?

At Meyerkord, Russell & Hergott, we dig deeper because we care, and we fight harder because it matters.

Our team investigates every potential source of recovery, including insurance policies, third-party liability claims, and available compensation funds. We help injury victims pursue the full compensation they deserve after serious accidents.

Learn more about our:


Key Takeaways

  • The Missouri Tort Victims’ Compensation Fund helps injured victims recover when the at-fault party can’t fully pay. It serves as a financial safety net when insurance or assets are not enough.
  • Payments are limited and may be reduced by available funding. Even approved claims can be paid on a prorated basis depending on how much money is in the Fund each year.
  • Many claims arise from underinsured accidents. Low minimum insurance requirements in Missouri often leave injury victims relying on the Fund for additional compensation.

Talk to a Kansas City Personal Injury Lawyer About Your Claim

At Meyerkord, Russell & Hergott, we’ve seen firsthand how important the Missouri Tort Victims’ Compensation Fund can be for those left without other options for recovery. Our team helps clients navigate the claim process and pursue every available source of compensation. If you have questions or need help determining your eligibility, contact our Kansas City personal injury lawyers today for a free consultation.

Frequently Asked Questions

Who qualifies for the Missouri Tort Victims' Compensation Fund?
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Eligibility depends on several factors, including the nature of the injury, available insurance coverage, and whether the injured person has exhausted other recovery options.

Is there a limit on how much the Fund will pay?
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Yes. Claims are generally capped at $300,000, but actual payments may be reduced depending on the amount of money available in the Fund and the number of approved claims.

Can I apply to the Fund if the at-fault driver has insurance?
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Possibly. In some situations, victims may still have uncompensated damages after available insurance coverage has been exhausted.

Why are more people filing claims with the Fund?
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Many injury victims face damages that exceed available insurance coverage, particularly in serious motor vehicle accident cases. Low minimum insurance requirements may contribute to increased demand for Fund benefits.

Do I need a lawyer to file a claim with the Fund?
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While not always required, an attorney can help determine eligibility, identify additional recovery sources, and ensure the claim is properly documented.

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