Call Us Now
Email Us Now
What Are Missouri’s Vehicle Insurance Laws?
In the state of Missouri, residents are required to carry a minimum level of car insurance should they get in an accident. According to the Missouri Department of Revenue, “Liability insurance covers your legal liability when injuries or property damage happen as a result of your actions.”
The required level of insurance is $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 per accident for property.
Uninsured motorist coverage of $25,000 for bodily injury per person and $50,000 for bodily injury per accident is also required.
All Missouri motorists are required to carry proof of vehicle insurance in their vehicle at all times. Without proof of insurance, drivers may be ticketed. You may also have your license suspended, assessed four points on your driving record, and more should you fail to have proof of insurance if you are pulled over.
What Does Comparative Fault Mean and How Can it Affect a Car Accident Settlement?
Some of us may be under the impression that if we are involved in a car accident and partially responsible for the accident, we can’t recover damages. This theory isn’t the case, and in fact, even if you are primarily at fault for the accident, you may still be able to recover a portion of the damages.
Comparative fault means that each party who may be involved in a car accident will be assigned a percentage of liability or fault for the accident. Once the total damage amount is determined, that percentage will reduce the amount you can recover proportionately.
For example, if you are found to be 20% at fault for an accident and the total amount of damages awarded is $100,000, you would only be able to recover $80,000, as your portion would be reduced by 20%.
The comparative fault rule is essential to understand so you aren’t inadvertently settling for far less than what you may be eligible for following an accident.
Establishing Fault Following a Car Accident
As you can see from the comparative fault fule mentioned above, establishing fault is imperative to determine what you may be able to pursue in damages.
For example, if you know that you were speeding or didn’t stop at a stop sign and caused an accident, you may assume that you were 100% at fault for the accident. You may not realize that the person you collided with may have been under the influence, making them partially at fault as well.
The above example is one of the main reasons that experienced attorneys will tell you to refrain from admitting fault or sharing too many details with the insurance company or other relevant parties regarding your part in the accident.
If it can be established that both parties were to blame, you may still be eligible for a portion of the damages.
Both the courts and insurance adjusters will follow the comparative fault rule when determining damages or a settlement.
How to Establish Fault
Establishing fault following a car accident can be done in various ways. Pictures or video of the results of the car accident, such as damage to the vehicles, the roadway or area of the accident, any signage that is present or was missing/malfunctioning, and more, are a good way to help establish how the accident occurred.
Eyewitness statements can also be gathered. It’s important to speak with anyone near the scene who may have watched the accident unfold and have their contact information should you need to rely on it in the future.
Accident recreation can be used to help determine what occurred and who may have been at fault.
Police reports that were created regarding the accident are also key. A law enforcement officer can offer a neutral and professional opinion of the accident and what may have led up to it.
Medical records can help establish what injuries were sustained and what types of actions may have occurred to cause said injuries.
No Pay, No Play Law
Missouri has a law in place that means if drivers are in an accident and don’t have valid car insurance, they can’t recover non-economic damages following a car accident. Non-economic damages can include things like anxiety and depression, pain and suffering, and more. These damages can comprise a significant amount of damages, so having insurance and ensuring that any vehicle you are driving is insured is imperative to recovering damages after an accident.
It’s important to note that if you are driving and get in an accident without insurance, you may still be able to recover non-economic damages if it’s proven that the other driver was under the influence while driving or otherwise engaged in illegal activity.
How Do Required Insurance Minimums Affect Car Accident Settlements?
Having a required minimum in place for the state of Missouri can mean that all drivers who get in an accident will have some ability to pay for economic and non-economic losses. However, the minimums aren’t generally significant enough should the accident be severe or result in substantial injuries, forcing some to pursue damages in a lawsuit.
Similarly, you may wish to pursue damages in court if the other driver wasn’t insured.
The Fierce Advocates You Need
With several years of experience fiercely advocating for our clients, we understand how frustrating the aftermath of a car accident can be. We work tirelessly to help our clients pursue the damages they rightfully deserve so they can get on with the next chapter of their lives.
Contact our office at 314-347-3567 to schedule your free consultation with us and learn more about how we can assist you.
