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Missouri car accident law is based on the concept of "at-fault," which means that drivers are held responsible for their portion of the car accident. Throughout the insurance claims procedure, at-fault percentages are calculated. It's difficult to determine who is at fault in a car collision. After the accident, an accident attorney can assist clients in ensuring that they are adequately paid. To find a local attorney with experience in Missouri car accident las, contact the team at Powell Law!
During 2008 in Missouri, there were nearly 77,000 car crashes. People who have been hurt in a car accident in Missouri, must take care of any medical requirements first, then concentrate on getting compensation for their property damage and injuries. When engaging with an insurance provider to recover money for the damages, it's critical to gain a thorough understanding of:
Proving fault: Fault impacts the amount of the insurance payment. The insurance company is going to pay less for the injuries if one contributes to the cause of the car accident. Insurance firms are experts at increasing the amount of fault and lowering the payout.
Insurance companies try to pay clients less to increase its profits: If filing a car accident claim is simple, it is probably for the advantage of the insurance company, not the client.
Insurance claims can be valuable: Insurance companies usually set a claim value that is lower than the claimants. Contact a Missouri car accident lawyer if you've been in been in a big car accident or in a crash that resulted in injuries to get an estimate of the worth of the car accident claim.
Most law firms offer a free case review: When people have been in a serious accident or an incident that resulted in injuries, it's always a good idea to contact a Missouri car accident lawyer for a free initial consultation.
How to Determine Fault in a Car Accident in Missouri
Missouri employs a pure comparative fault system, which distributes monetary damages depending on the drivers' percentage of fault. Joe and Mary, for example, collide with one another's vehicles, inflicting $200,000 in damages on Joe and $80,000 in damages for Mary. Joe is determined to be 40% at responsibility for the accident, while Mary is deemed to be 60% at fault. As a result, Joe is entitled to $120,000 in damages from Mary, while Mary is entitled to $32,000 in damages from Joe. The fault percentages are normally decided during the insurance claims procedure; however, if the car insurance claim is not resolved, fault is determined by a jury or a judge in court.
It is not easy to determine who is at fault in a Missouri car accident. People have a better chance of establishing that they were less at fault than the other motorist if they hire an expert car accident lawyer.
Furthermore, the less one is at fault, the more money they can get from the other driver.
Even if someone is more than 50% at fault, they may be able to recover damages.
Even if a party is judged to be 99% at fault in an automobile accident in Missouri, they can still collect one percent of the damages.
Why Should You Hire an Experienced Car Accident Attorney in Missouri?
After a car crash, a Missouri car accident lawyer knows what to do to protect the value of the claim. A lawyer takes care of the following:
Gathering Information
Since the amount of money one can recover in a Missouri car accident case is based primarily on proving blame, one should gather as much information as possible. Attorneys for Missouri vehicle accidents can assist clients with gathering all necessary documentation, including:
The other driver's insurance company information
Missouri police report
One must also try to obtain other forms of evidence. A Missouri auto accident lawyer interviews police officers and eyewitnesses at the scene of the crash, as well as takes photographs, and gathers information that might be needed later if the fault is disputed.
People have to file a claim with their insurance company if they want to receive compensation for their damages and injuries.
Who Pays for Car Accidents in Missouri?
Missouri operates on an at-fault system. The person who caused the collision is accountable for the other person's lost wages, medical expenses, and property damage.
Who Can You Sue in a Car Accident Lawsuit in Missouri?
In an auto accident, the other motorist, the driver's employment, car manufacturers, or the insurance company may all be held liable. A car accident lawyer can assist you in identifying the people responsible for the auto accident and determining which party is in the greatest financial position to compensate one for their losses.
Requirements for Missouri Car Insurance Coverage
All motorists in Missouri need to have a minimum of $25,000 in liability insurance and $50,000 in per-incident coverage. These amounts, along with whatever additional protection the at-fault driver might have acquired, are completely available to reimburse one for their damages if they are hurt by another motorist. In all instances, proof of insurance needs to be kept in the car.
What Happens if One Doesn't Have Sufficient Car Insurance Limits to Cover All the Damage?
If this is the situation, one needs to launch a personal injury suit against the at-fault driver in order to obtain the excess amount, and thus fair compensation, directly from them. A competent auto accident lawyer can assist you in filing a successful lawsuit against the at-fault driver.
What Happens if the At-fault Party Is an Uninsured Motorist or Doesn't Have the Necessary Minimum Coverage?
It's a good idea to add underinsured or uninsured motorist coverage to one's auto insurance policy. People can file claims with their own insurance company if the at-fault person is underinsured or uninsured when they obtain this sort of coverage. Otherwise, one has to pursue a lawsuit against the other driver who caused the car crash to get compensation for the injuries.
What Are Missouri Car Accidents Worth?
The law in Missouri tries to make the aggrieved party whole. To put it another way, one is able to recover all of the damages necessary to put them back in the position they were in (financially) before the injuries. Different forms of damages can be used to make one whole. A few of these sorts of potential damages attempt to account for future circumstances as well as the cost of physical and/or mental harm. As a result, one should seek legal advice from an experienced motor vehicle accident attorney who can guide them on which damages to pursue and assist them in calculating the exact worth of the claim.
Damages include:
Economic Damages
Medical bills - previous and future
Lost earning capacity - future
Lost wages - previous and future
Damage to property, the car, and things in the vehicle
Lost profits - inability to work due to the sustained injuries
Loss of use of personal and real property
Non-economic Damages
Emotional distress
Mental anguish and physical pain
Loss of consortium
How to Deal with Insurance Companies and Claims in Missouri
When it comes to speaking and negotiating with insurers, many automobile accident attorneys in St Louis can help.
Missouri insurance firms profit from the reduction of claim payouts. When interacting with any insurance agent, whether one's own or the at-fault party's, keep this fact in mind.
Make sure to keep all records of any claims in writing. People need to save all relevant e-mails, get written responses from anyone involved in or who witnessed the incident, and keep everything organized.
Other Important Factors to Remember
The Missouri Statute of Limitations specifies how long people have from the time they were injured to file a suit. If the accident resulted in a death, one must file a vehicle accident case within three years of the date of the crash, or within five years of the date of the accident if it was not fatal.
People can sue the county or state that employs the other driver if they are in auto accidents with a Missouri government vehicle; however, there are certain unique criteria to follow. A Missouri automobile accident attorney who is experienced with the procedure can assist in making sure one doesn't skip any steps.
Contact the Personal Injury Attorneys at Powell Law if You or a Family Member was Involved in an Accident in Missouri!
What can a lawyer help you with? In many circumstances, an attorney enhances your vehicle accident settlement amount since they have experience negotiating with insurance companies and dealing with the legal system. It will also depend on their negotiation process on how long the car accident settlement is going to take. Missouri is an at-fault state, meaning a lawyer can help the injured party in getting the negligent driver to take financial responsibility for the car crash.
Our personal injury lawyers value the attorney-client relationship and do everything in their power to help clients recover money damages for serious injuries sustained in a car crash. Contact Powell Law today for legal advice and a free consultation regarding your car crash.