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Common Car Accident Myths in Missouri

Writer's picture: Kenneth PowellKenneth Powell

Car accidents happen every day in Missouri, leaving people with permanent injuries, costly medical bills, and other pain and suffering.


Unfortunately, some common misconceptions surrounding car accident claims and processes can hinder people's ability to recover compensation and seek justice for their injuries.


Having the facts- as well as proper legal guidance- puts people in the best position to successfully pursue a claim and get their recovery back on track.



Myths and Misconceptions Surrounding Car Accidents and Personal Injury Claims

Myths and Misconceptions Surrounding Car Accidents and Personal Injury Claims


Here are some of the most common misconceptions and myths about car accidents and personal injury claims in Missouri. Our team can also consult on common personal injury myths in Missouri.


Victims Need to Claim on their Own Insurance to Cover Medical Costs and Property Damage

Most insurance claims from car accident victims are against the at-fault party's insurance company- not their own. The main exception is for incidents involving an uninsured driver, but this is a separate issue.


Claiming for damages on one's own insurance usually increases insurance premiums, costing people more money in the long run.


While there is no guarantee that the other party's insurance will cover all expenses (there are certain caps and limitations with some insurance companies and policies), it should be the first port of call for a payout following an accident.


A Police Report Is Not Necessary for Minor Car Accidents

Police should be contacted immediately after a traffic accident- regardless of how minor or significant it is. Failing to do so could hinder any chance of a future claim, and leaves victims with very little power going forward.


It can be tempting to agree to privately work out any expenses in a small bump where nobody is hurt and the damage to the car is minimal, but there is no legal backing or assurances that both parties will uphold their end of the deal.


If things fall through and there is no police record of the incident, victims may be unable to start a legal claim.


Victims Cannot File a Personal Injury Lawsuit if they are Partially to Blame for the Accident

Missouri is a pure comparative fault state, meaning any person can claim for personal injuries as long as they are not 100% to blame.


Even if a person's own action contributed to the accident, they can still claim damages from another negligent party.


The compensation awarded is weighted based on the percentage of blame held. For example, if a person is considered 20% at fault for the car accident, the overall compensation amount will be reduced by 20%.


There is No Need to Seek Medical Treatment if the Involved Party 'Feels Fine'

All parties involved in any road accident should seek medical attention immediately following the incident. Not every car accident victim is catastrophically injured- some may feel completely normal in the aftermath. However, it is crucial to go to a hospital regardless to get a professional opinion.


If someone suffers what seems to be only minor injuries and decides not to see a doctor, but later discovers they were hurt more than they thought, they may face difficulty confirming their injuries are a direct result of the crash. This can, in turn, impact their claim. For more information, St Louis motor vehicle accident attorneys may be able to help.


The Only Way to Make a Successful Claim is to Go to Court

One of the most common myths regarding the car accident claims process is that victims must file a lawsuit and go to trial to recover damages. In most cases, the ideal outcome for both parties is to settle out of court.


The at-fault driver and their insurance company can put forward a settlement offer to pay the victim to end their claim before it gets as far as lawsuit filing.

It is preferable for both parties, as it avoids a drawn-out, stressful, and often expensive court experience.


It Is a Good Idea to Take the First Settlement Offer

Settlements are often offered in personal injury cases and are generally favorable over going to trial. That said, the first settlement offer rarely matches what the victim is rightfully owed and could reasonably win.


It is not unusual for insurance companies to open with a lowball offer to try and throw victims and push them into accepting less than they deserve.


Negotiations are crucial to securing a fair settlement, and a lawyer will communicate with the relevant insurance adjuster to push for a better number for their clients. They may also advise on common truck accident myths in Missouri.


Claimants Don't Need a Personal Injury Lawyer in Car Accident Cases

Personal injury lawyers work to ensure all the bases are covered- and to lead the charge in negotiations to ensure the best possible outcome.


Whether or not the case ends up as a lawsuit, having expert legal representation and guidance following a traffic accident makes the entire process easier for victims.


If the case does go to court, it is imperative to have an attorney to assist with the claim and legal recovery.


Other Things to Know about Filing Car Accident Claims in Missouri


  • The statute of limitations on personal injury claims in Missouri is five years from the date of the incident.

  • Minor injuries are still worth claiming for as they can create ongoing expenses.

  • Depending on the circumstances of the accident, a criminal case may also be raised separately from the insurance claim.

  • The damage cap for Missouri personal injury claims starts at $400,000 for non-catastrophic injuries and $700,000 for catastrophic injuries. There is no cap on punitive damages.


Powell Law Firm: Fighting for Fair Compensation for Missouri Car Accident Victims

Powell Law Firm: Fighting for Fair Compensation for Missouri Car Accident Victims


Working with an experienced St Louis personal injury lawyer who cares about your case and will protect your best interests helps car accident victims successfully navigate the claims process.


The dedicated professionals at Powell Law Firm are committed to guiding their clients through a difficult time, and ensuring they have the correct information and guidance they need.


Arrange a Free Consultation Today to Clarify the Facts and Improve Your Chances of Winning Your Claim


Speak to the experts in Missouri law and auto accident claims today at Powell Law Firm. Arrange a free case evaluation and set the record straight about how you can seek compensation for damages after being involved in a car accident.

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