If you are hurt in a car accident in Missouri, who pays to treat your injuries? Because Missouri is an at fault state, the answer is whoever caused the crash.
The Difference Between No Fault and At Fault States
In a no fault state, each injured person in a car crash files a claim with their own insurer, no matter who caused the accident.
In an at fault state, the driver who caused the crash is responsible for covering the damages they caused.
Missouri is an At Fault State
Missouri drivers are financially responsible for any injuries that occur as a result of their actions behind the wheel.
Because of this, the state requires drivers to carry minimum amounts of liability insurance. In the event of a crash, liability insurance does not pay for your own injuries, but it does cover any other people who were hurt by your actions.
What States are No Fault States?
There are only 12 truly no fault states when it comes to traffic accidents. In a no fault state, every injured person files a personal injury claim with their own insurer, rather than the insurer of the driver at fault.
The nation’s no fault states are Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.
How Fault Affects Car Accident Settlements
In an at fault state like Missouri, determining who caused the accident is crucial. Liability coverage only applies if the at fault driver’s insurance company agrees its customer is to blame for the accident.
Before you can be compensated for medical expenses, lost wages, damaged property, and other losses from a car accident, you have to prove who was truly at fault.
This can be difficult if the facts of the accident are in dispute. Insurance companies have a multitude of legal techniques they apply to cast doubt and reduce payouts.
Evidence Used to Prove Fault in a Car Crash
Attorneys and insurers have a number of ways to prove who was at fault in an accident. Evidence they point to may include:
- Witness testimony
- Police reports
- Photos of the crash scene and damage to vehicles
- Videos from traffic cameras, nearby security cameras, and dashboard cameras
- Clues at the scene, such as tire marks and damage to plants or structures
- Vehicle maintenance records
- Cell phone records
- Toxicology reports
- Analysis from expert witnesses and accident reconstructionists
What is Comparative Fault?
One way an insurance company may successfully argue for a reduced settlement is by claiming comparative negligence, or comparative fault.
Comparative negligence means both drivers were partially at fault for the accident.
For example, if one driver was illegally blocking a traffic lane, and they were rear-ended by a driver who was going too fast and couldn’t stop in time, it could be argued that both are partly at fault.
You can bear partial responsibility for an accident and still make a claim against the other driver. Comparative negligence does not prevent you from winning a settlement, it just reduces the amount of the settlement you receive.
In a lawsuit involving comparative fault, the court calculates what percentage of responsibility to attribute to each driver. The payout is reduced accordingly.
For example, if you are awarded a $100,000 settlement for a crash in which you bore 25% of the fault, your payout would be $75,000 ($100,000 minus 25%).
When Do You Need a Lawyer?
If you were hurt in a car accident, you need to talk to a lawyer.
Car crashes are investigated by the police, by insurance companies, and by attorneys. Of these three, only lawyers are working for their clients’ best interests.
Police investigate to determine who to charge.
Insurers investigate to determine the minimum amount they can get away with paying.
Lawyers investigate to fight for compensation that gets their clients’ lives back on track.
Insurers sometimes go to great lengths to delay paying a claim, to argue for a smaller settlement, or to avoid making a payout altogether.
Their attorneys have been known to argue obscure legal loopholes. They have also been known to confuse or intimidate victims into agreeing to settlements that are too low.
The experienced legal team at Fernandez Law is onto all of these tricks. We protect our clients from underhanded tactics and get them the compensation they deserve.
An attorney can help you find the money to cover your damages. If the limits of the at fault driver’s insurance policy don’t cover your losses, we can help you file a claim against the driver directly to make up the difference.
With legal help, car accident victims can often recover compensation for such losses as:
- Property damage
- Emergency medical care
- Ongoing medical expenses
- Lost wages and income
- Reduced future earning capacity
- Physical pain and discomfort
- Emotional distress
- Reduced quality of life
How Fault in an Accident Affects Car Insurance
Missouri requires drivers to carry minimum levels of liability insurance in the event they cause an accident. Missouri auto insurance policies are required to include at least:
- $25,000 per person and $50,000 per accident for bodily injury
- $25,000 per accident for property damage
- $25,000 per person and $50,000 per accident for uninsured motorist coverage
Uninsured motorist coverage is intended to protect you if you are in a crash caused by an uninsured driver. If the at fault driver has no insurance, your own uninsured motorist coverage should activate to pay for your injuries.
Your own insurance company may not be any more eager to pay your claim than an insurer covering an at fault driver. Your lawyer can help you file a claim with your insurer that gets you the compensation you are due.
If you are hit by an uninsured driver, you may be able to go after the driver directly. Even after filing a claim with your insurer, you may be able to sue the driver for negligence.
How Fault Affects Insurance Rates
Insurance companies use complicated formulas to determine each driver’s risk and set their rates accordingly.
Bankrate found drivers with an at fault accident on their record pay 45% more on average than drivers who have never caused an accident.
In general, causing an accident will raise your insurance rates, while being involved in an accident that was not your fault will not.
However, even if the accident was not your fault, it is still possible your insurer will reassess your risk level and decide to charge you more.
Who Decides Who Was At Fault?
Most car accident settlements are reached out of court. Both parties agree on the level of comparative negligence and the amount of damages.
If the parties cannot agree to a settlement, the question of who was at fault can only be determined by a judge or jury.
Case Study: Boxdorfer vs. Lason Corp. and Jones
When our client was injured in a collision with a truck, the initial police report found he was 100% at fault, making him ineligible for compensation.
Our investigation was more thorough. We identified witnesses who had not been interviewed by police.
Their testimony shed new light on the facts of the case and proved the truck driver was actually at fault. Our client was awarded a $4 million settlement.
The Process of Determining Who Was at Fault in an Accident
Immediately after a vehicle crash, authorities begin trying to determine who was at fault.
The police are typically the first investigators on the scene. They interview witnesses, collect and record forensic evidence, and write a report.
In some cases, police may use accident reconstruction techniques. These techniques use evidence at the scene to calculate figures like speed and point of impact. With these techniques, experts can reconstruct what happened in the moments before the collision.
Insurance adjusters conduct their own investigation. They may begin before the police investigation has concluded. Insurance adjusters will use similar techniques as police and collect similar kinds of evidence.
While police investigators are seeking to determine criminal fault, insurance investigators want to calculate comparative fault to determine the amount of the settlement they will offer.
When you hire an attorney, we will conduct our own investigation. We are also trying to establish what happened in the moments before, during, and immediately after the crash. Our goal is to make sure the victims of the crash receive just compensation for their injuries.
After the investigations conclude, you should receive a report of investigators’ findings. If you do not receive a copy of the police report, you can ask for one.
If the insurer of the at fault driver offers you a fair settlement, your attorney will encourage you to accept it.
If the offer is less than you deserve, we will negotiate with the insurer on your behalf. Negotiations will end with either a settlement agreement or a court trial if an agreement can’t be reached.
Your attorney will also investigate whether there are additional parties with a duty of care in the case. If liability limits aren’t high enough to cover your losses, claims against these additional parties can add to your compensation.
Were You Hurt in a Car Accident?
If you were hurt in a car crash that wasn’t your fault, you are entitled to compensation from insurers, the other driver, and anyone who failed in their duty of care.
The experienced, empathetic legal team at Fernandez Law is committed to helping you. Schedule a free consultation to start claiming the compensation you deserve.