Each state determines liability in a car accident by either following a “no-fault” or an “at-fault” system. These systems impact how accident victims seek compensation for injuries and damages.
No-Fault vs. At-Fault Systems
In a no-fault system, which is used by several states, each driver’s insurance company compensates them for their injuries, regardless of who caused the accident. This means that your insurance company will pay your medical expenses or loss of income, even if the other driver was at fault. However, Missouri does not follow this rule.
Missouri is an at-fault state. This means the driver responsible for causing the accident is financially liable for the resulting damages. This includes medical expenses, lost wages, and property damage. If you were injured in a car accident in Missouri, you may be able to file a claim with the at-fault driver’s insurance company. Another option is to file a lawsuit to recover damages.
What Is Missouri’s At-Fault Car Accident System?
In Missouri, the at-fault system means that determining who caused the accident is critical to recovering compensation. If another driver’s negligence (e.g., distracted driving) led to the crash, you may file a claim against their insurance company.
On the other hand, if you share some of the blame, Missouri’s comparative fault rule might come into play. This rule allows you to recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault.
For example, if you are found to be 35% at fault for an accident and your damages amount to $100,000, you can still recover $65,000. The remaining $35,000 reflects your share of the blame.
What to Do After a Car Accident in Missouri
After a car accident in Missouri, it is essential to take immediate steps to protect your rights:
- Report the accident. Call the police and file an accident report, even if the accident seems minor. The police report will be important evidence if you want to pursue a claim.
- Gather evidence. Take pictures of the accident scene, collect witness information, and document your injuries. This evidence will be useful if the other party disputes fault.
- Seek medical attention. Even if you feel fine, some injuries may not be immediately apparent. A medical evaluation helps document your injuries and connects them to the accident.
Speaking with a Kansas City car accident attorney can help you understand your legal rights and options.
Missouri Car Insurance Requirements
Missouri law requires all drivers to carry minimum car insurance coverage. The minimum coverage includes:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
Additionally, Missouri requires uninsured motorist coverage. This coverage protects you if you are involved in an accident with a driver who does not have insurance. The minimum coverage for uninsured motorists is $25,000 and $50,000 per accident.
Missouri’s Comparative Fault Rule
Missouri follows a pure comparative fault system, meaning each party in an accident may bear a percentage of the blame. This can make calculating damages more complex. The compensation you receive will be reduced by the percentage of fault assigned to you. For instance, if you are found 30% responsible for an accident, you would only recover 70% of the damages you are entitled to.
Statute of Limitations in Missouri
Missouri law sets a five-year statute of limitations for filing personal injury claims related to car accidents. This means you have five years from the date of the accident to file a lawsuit or settle your claim. Failing to file within this time may result in losing your right to seek recovery in a lawsuit.
An experienced Kansas City personal injury lawyer will help you understand the legal system and fight to secure maximum compensation for your injuries and damages.
A Kansas City Car Accident Lawyer Can Help You Throughout the Entire Process
A car accident lawyer in Kansas City plays a vital role in helping you navigate the complexities of a car accident case, ensuring fair compensation.
From the initial consultation to representing you at trial, an experienced attorney can provide comprehensive legal services to ensure you receive the compensation you deserve.
For more information, contact the Kansas City, MO personal injury law firm of Dickerson Oxton to schedule a free initial consultation.
We serve in Jackson County and its surrounding areas across Missouri:
Dickerson Oxton – Kansas City Office
1100 Main St #2550, Kansas City, MO 64105
(816) 268 1960
Hours: Monday to Friday,
from 9 am – 5 pm