get your free consultation
To establish who is at fault in a car accident, there are two categories of “fault” systems: “no-fault” and “at-fault.” The state of Missouri adheres to the at-fault system and will assign a percentage of “blame” to each party involved in the accident. In Missouri, the “fault” system determines who pays for damages such as injuries, lost wages, and vehicle damage. You may file a personal injury lawsuit in civil court against the individual who caused your accident and demand that they pay compensation for your damages and injuries. Speaking with a Missouri car accident lawyer will help you determine what this implies for your case and the options you have for bringing a claim against the at-fault driver.
The no-fault system, employed in a few states across the U.S., is the simplest of the two legal systems. Regardless of who caused the accident, insurance companies pay victims for their injuries under no-fault laws. This kind of compensation mechanism will often be based on a number of variables, including: where you live (or were injured), whether someone was hurt, who owns the policy, and other situations that could affect your eligibility for compensation.
The no-fault rule is applied in 18 states in the United States. However, in some of these states, you must obtain personal injury protection insurance and can only occasionally sue the at-fault motorist for damages. In no-fault states, your insurance carrier will handle all your claims, except in the few states where you can sue the at-fault motorist for the excess amount if the property damage or physical harm exceeds a specified monetary level.
The at-fault system, the more complex of the two fault systems, is employed in many states throughout the U.S. According to the laws governing who was at fault for the accident, insurance companies will only pay victims for their damages if the other party is found to be at fault. Unfortunately, the burden lies with the car accident victim to demonstrate this in a court of law or in settlement negotiations to obtain monetary compensation for injuries and damages.
The State of Missouri is an at-fault state and is not one of the 18 states that adhere to the no-fault system. Therefore, if the other motorist was at fault for the collision, the victim of a car accident in an at-fault state might be entitled to compensation.
It can be challenging to determine who is to blame for an accident when both participants may share responsibility. Determining the cause of the crash must be done right away to preserve all relevant evidence.
Missouri is one of a dozen states in the U.S. that utilizes a legal rule known as “Pure Comparative Negligence.” This doctrine states that if only one party is at fault in an automobile accident, that individual is liable for all damages. However, if both drivers contributed to the collision, the law assigns each one a degree of fault ranging from 1 to 99%, which may make both parties eligible for compensation.
It can be challenging to understand what kinds of damages you’re qualified to claim and how to calculate them because the law links the number of damages both parties can claim from the accident to this percentage of “blame.” It is crucial to get in touch with a Missouri car accident attorney, such as those at Goldblatt + Singer, the St. Louis Injury Law Firm, so they can examine your case, evaluate how it might turn out, and offer you legal guidance on how to move forward with your accident claim. To avoid taking complete responsibility, insurance firms frequently make an effort to assign blame to both parties.
Furthermore, Missouri is unique because it is one of the few states in the U.S. with a controversial “No Pay, No Play” statute. The Missouri Supreme Court is now reconsidering this law after appellate courts ruled it as unconstitutional. The “No Pay, No Play” regulation states that even if the other driver were entirely at fault, you would only be eligible for limited compensation if you are involved in a car accident and are uninsured yourself. If an insurance company tries to lower your damages under this law, speak with a lawyer immediately.
According to Missouri’s auto accident regulations, whoever caused the collision is liable for any injuries, property damage, medical costs, and other damages and losses. These medical expenses may result from physical harm or emotional distress brought on by the car collision.
If both you and the other motorist are determined to have contributed to the collision, the percentage of fault assigned will determine how much of each party’s insurance will pay out. Insurance will cover associated damages up to the policy’s limitations.
All drivers and owners of motor vehicles are required by Missouri law to carry auto insurance.
Although full coverage would be ideal, a driver’s insurance provider must at least offer the bare minimum. The Missouri Motor Vehicle Financial Responsibility Law mandates a minimum liability insurance coverage of $25,000 per person for bodily injury and a maximum liability insurance of $50,000 per accident. The $10,000 maximum amount for property damage to the other party is also included in Missouri’s minimum coverage requirements for auto insurance.
Accident claims should be initiated as soon as possible. Unfortunately, this isn’t always possible for everyone due to the lengthy healing processes associated with various injuries. This can discourage someone who has been hurt from pursuing their lawsuit right away. According to the Missouri Statutes of Limitations, drivers typically have five years from the collision date to bring a lawsuit or reach a settlement. According to this Missouri legislation, if drivers engaged in an automobile accident don’t take the appropriate steps within five years of the incident, it is no longer considered a legally viable claim, and all parties involved waive their rights to pursue financial compensation for the event’s damages.
Your attorney can assist you in writing a strong demand letter, filing a successful car accident claim, and successfully negotiating with the insurance companies. Your attorney will help you to receive the fullest compensation available because they are well versed in this area of the law and have experience in the best practices for building and defending a robust claim. When you’re ready to discuss your Missouri car accident case with a lawyer, get in touch with Goldblatt + Singer, the St. Louis Injury Law Firm, to arrange a no-cost consultation. You can get damages for your vehicle accident lawsuit from our legal firm’s highly skilled personal injury attorneys. Call (314) 231-4100 or contact us online today.
Related Posts:
St. Louis Car Accident FAQ