Is It Worth Filing a Claim if I Was Partially at Fault?

Car accidents are rarely simple. In many cases, more than one driver can be at fault for the accident, including those who were injured. If you were partially at fault in a car accident, you might wonder if it is worth filing a claim. This often comes up in Missouri, as this is a comparative fault, or comparative negligence, state.  This means that more than one person can be at fault in an auto accident. Understanding how this system works and what it means for lawsuits is important. 

Understanding Comparative Negligence in Missouri - When More Than One Person is Partially at Fault

Missouri follows a pure comparative fault system to determine fault in a car accident. Most other states follow a modified comparative negligence system. In these systems, it means that when a car crash occurs, each driver involved is assigned a share of the blame, i.e. Driver 1 - 70%, Driver 2 - 30%. 

The percentage of fault is important. If Driver 2 files an accident claim against Driver 1, and the award is $100,000, Driver 2 can still recover $70,000 because their award is reduced by that 30% share of responsibility. 

This allows those who are not at fault to still collect damages, which is important for covering things like medical expenses, lost wages, and damage to property. Powell Law Firm can also advise on Is it worth appealing a denied insurance claim?

Why Filing an Accident Claim Still Matters Following a Car Accident

Being partially at fault doesn't mean that you cannot recover damages. You can still file a car accident claim. In fact, choosing not to file could mean that you are paying for everything out of pocket. Some of the main reasons that people still file a claim, even if they might be at fault for a car accident, include: 

• Medical costs add up quickly. Even if a driver shares fault in the accident, the compensation they recover can help with hospital bills, follow-up visits, and long-term care.

• Property damage can be expensive. Car repairs or replacement may still be partially covered, reducing the financial burden, even if you contributed to the accident.

• Lost income is recoverable. If injuries prevent someone from working, even if they were partially responsible for the accident, partial compensation can ease the financial strain.

• Accountability still matters. Filing a claim ensures that the other driver’s negligence is not overlooked, even if you were partly at fault.

Insurance Companies, Making an Insurance Claim, and Shared Fault in a Car Accident

When more than one person is involved in a car accident, insurance companies may do their best to minimize payouts. Insurance adjusters may argue that the policyholder bears more responsibility than they actually do. This allows the insurance provider to reduce or deny the case. 

Because of this, you need to protect your right to compensation. Trying to file with the auto insurance company is difficult, and it's best to work with a personal injury lawyer to help you build a strong case. A personal injury attorney will help strengthen your case, help collect evidence from the accident scene, and make sure your rights are protected. Just don't wait too long -- there is a statute of limitations in Missouri of 5 years. They can also consult on questions like Is it worth getting a second medical opinion after a car accident?

The Role of Evidence in Partial Fault Cases - What to Know Before You File a Claim with a Personal Injury Attorney

Evidence is very important in the process used to assign fault following a car accident. Victims who have the strongest evidence greatly improve their chances of recovering fair compensation. A car accident attorney can strengthen a personal injury case by collecting key evidence, including: 

• Police reports that document the accident.

• Photos or videos of the accident scene.

• Witness statements.

• Traffic camera or surveillance footage.

• Accident reconstruction of where the accident occurred.

• Medical records linking injuries to the crash.

The stronger the evidence to support your claim, the harder it becomes for insurers to inflate fault percentages against the injured party. It also ensures you get the compensation you deserve.

Common Scenarios of Partial Fault in a Car Accident Claim

Partial fault may arise in a number of different ways. Some of the most common situations include: 

• Rear-end collisions. While the trailing driver is often considered responsible, if the front driver stops suddenly without warning, fault may be shared.

• Intersection accidents. When both drivers enter an intersection under unclear conditions, responsibility may be split.

• Lane change crashes. If one driver changes lanes without signaling, but the other is speeding, both may share fault.

• Weather-related accidents. Poor road conditions may increase the likelihood that both drivers contributed to the crash.

Understanding these scenarios underscores why Missouri’s comparative fault system exists—accidents are rarely the result of one person’s actions alone.

Financial Considerations Before Filing a Personal Injury Claim

Some accident victims hesitate to file a claim because they fear their insurance premiums will rise. While this is a possibility, it should not be the only factor in the decision. The financial relief from a successful claim often outweighs the potential increase in premiums.

Additionally, failing to file may leave a driver solely responsible for bills that could have been partially covered through insurance or compensation. Over time, the financial strain of medical treatment and lost wages can far exceed the cost of increased insurance rates.

When Legal Help Makes the Difference in a Personal Injury Case - Even When Partially At-Fault

Because insurers are motivated to pay out as little as possible, filing a claim while partially at fault can be challenging. An experienced attorney can raise the compensation you receive when you file a personal injury lawsuit by:

• Review the evidence to challenge unfair fault percentages.

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• Handle communication with insurers.

• Calculate the true value of damages.

• Negotiate for fair compensation.

• Represent the victim if the case moves to court.

Legal support is particularly important in Missouri’s comparative fault system, where every percentage point assigned can significantly impact compensation. For more information, this auto accident lawyer in St Louis may be able to help.

Work with a Personal Injury Lawyer to File a Claim After a Car Accident - Free Consultation from Powell Law Firm

Taking the time to file your claim is often a good move, even if you are partially at fault. If you contact a personal injury lawyer, they can help you recover compensation after a car accident. They will help to investigate the accident, navigate the legal process, and help determine the value of your claim. 

You have the ability to file a claim in Missouri, even if you're found partially at fault. A personal injury law firm like Powell Law Firm can help every step of the way. Call now for a free consultation.