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Is Missouri a No Fault State for Car Accidents?
Two types of standards are used to establish who is responsible in a car accident, the At-Fault and the No-Fault rules. Missouri follows a variant of the at-fault rule. Using this standard, anyone involved in a Missouri auto accident can recover compensation from the driver responsible for the accident.
It is not always easy to determine who is at fault in an auto accident since both parties can have a hand in the accident. It is therefore crucial to have the crash investigated immediately while evidence are still available.
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How does an at-fault rule work in Missouri?
With the at-fault rule, the driver believed liable for the accident is legally responsible for any resulting damages. These damages include the driver’s own losses as well as possible injuries or damages suffered by the other driver and their passengers.
Other options exist for Missouri drivers when seeking compensation for medical expenses, property damage, lost wages, and other injuries and losses resulting from a crash. These depend on the amount of compensation sought by the complainant.
It is sometimes better to settle a case out of court than face litigation in cases where the at-fault driver’s insurance covers the complainant’s damages. A lawyer knows best when to do this. In cases where the complainant’s damages go beyond the at-fault driver’s coverage limit, an appropriate next step would be a personal injury lawsuit.
Insurance companies do their best to minimize any kind of settlement. For this reason, anyone in an auto accident needs to contact an experienced personal injury lawyer who can ensure their rights to fair compensation.
How does a comparative fault system work in Missouri?
As stated, Missouri follows a variant of the at fault system. It’s called a pure comparative fault system. This method assigns a certain percentage of fault to any of the drivers in an accident. It awards compensation based on percentages of fault assigned to the parties involved.
Do I need to call a lawyer after a car accident?
Your first step after an accident is to get to the nearest police station to file an accident report. Your next step is to contact a lawyer. Car accident lawyers know whether you have a personal injury case and are entitled to compensation. They will collect the facts and document these findings about your accident. This will add value to your claim. Some of the records that will be collected and researched include:
- police reports of the accident
- photos of the accident scene
- witness interviews
- other driver’s insurance information
- medical records
An accident report taken at the scene is extremely valuable if it is possible to get a police officer to come out. Even if law enforcement does not come out, a self-filed accident report is still extremely important. Any official police report provides a lawyer the information needed to secure higher compensation.
Armed with this information and their own investigating, an experienced accident lawyer can write a more compelling demand letter, file a claim for damages, and negotiate for the highest possible compensation for your case.
Tell your lawyer the whole truth since you will be protected by attorney-client confidentiality. Even if you are at fault, remember that there are situations where the other driver may also be held responsible for their part in the accident.
If you are ready to consult a lawyer about your auto accident case, the legal team at Shea Kohl Law, LC is capable of providing the service you need. Call us today at (636) 946-9999 for a free consultation.
Call Shea Kohl Law, LC at (636) 946-9999
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Shea Kohl Law, LC serves clients in Missouri including St. Charles, Troy and Lincoln and throughout Warren and St. Louis counties. We also serve clients in Illinois.