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A car accident is scary. If the accident happens in Missouri, confusion can quickly ensue. Who pays for the damages? What if you are hurt? Missouri has its own laws, and you will need to know them. A Kansas City personal injury lawyer can help you navigate the chaos. Here is what you should know.
Missouri Is a “Fault” State
Missouri is a fault state. That means that the driver who caused the accident pays. If you have been injured, you can make a claim:
- With the other driver’s insurance
- With your own insurance (who may go after the other driver later)
- Or by suing the at-fault driver
You don’t have to pick just one. A lawyer can help you decide which is best. Without legal help, you can lose out on a fair amount of compensation. Insurance companies know how to use the law to their benefit. You need someone who knows how to combat this.
What If You’re Partially at Fault?
Missouri follows “pure comparative fault.” This means you can still get compensation if you were partly at fault. Your compensation is just lessened based on your percentage of fault. Example: If you were 20% at fault and your damages were $10,000, you’d get $8,000.
Even if you are more than 50% at fault, you can recover some money. This rule helps many people who would get nothing at all in other states.
You Have a Deadline
In Missouri, you have five years from the time of the accident to sue. That can feel like a long time, but don’t wait. It takes time to build a case. Witnesses forget. Evidence gets lost. A Kansas City lawyer can initiate things quickly. They understand what paperwork to file and how to search for what’s significant. Wait too long, and you lose your ability to sue forever.
What to Do Right After a Crash
What you do after a crash matters. Here’s what you must do:
- Check for injuries. Call 911 if you need to.
- Move to a safe place if you can.
- Exchange information with the other driver.
- Take photos of the scene and damages.
- Talk to witnesses.
- Report the crash to the police.
- See a doctor, even if you’re fine.
- Call a personal injury lawyer.
Don’t take blame. Keep your comments short. Say you need to talk to your lawyer. This will protect your case in the future.
Insurance Companies Are Not Your Friends
Insurance adjusters might sound friendly. They are not. Their mission is to pay as little as possible.
They might:
- Make a low settlement offer
- Blame you for the accident
- Stall your claim
They might ask for a recorded statement. Don’t give one until you have discussed your case with an attorney. You are not legally required to speak to the other party’s insurance. An attorney is your representative. They do understand how to handle resistance.
Why Do I Need a Kansas City Personal Injury Attorney?
Local lawyers know local laws. They’ve worked with local courts, judges, and insurance companies.
They know the games adjusters will try to play. More reasons to hire one:
- They do paperwork and phone calls
- They gather evidence
- They talk to doctors and experts
- They know how to get fair payments
- They build strong cases
Most also help with rental cars and medical care. They can also stop bill collectors while your case is pending. This help can ease worry while you recover.
What Can You Recover Money For?
Car accident victims in Missouri can recover money for:
- Medical bills
- Lost wages
- Car repair or replacement
- Pain and suffering
- Future medical care
- Lost earning capacity
You can also claim for things like mental anguish and loss of enjoyment of life. If your injuries affect your daily life, that should also be included.
Dealing with Uninsured Drivers
There are motorists who break the law and do not have any insurance. Missouri requires motorists to carry uninsured motorist coverage. This can pay your bills in the event the other driver has no insurance.
However, your own insurance company can fight your claim. That is where a lawyer enters the picture. They can handle the process and make sure your rights are protected.
They can also check if the at-fault driver has assets or other means of compensating you.
What If the Crash Was Fatal?
It is never easy to lose a family member in a crash. In Missouri, immediate family members may file a wrongful death claim.
This may be for:
- Funeral bills
- Wages lost
- Pain and suffering of the family
It may also provide for loss of care, support, and companionship. The law enables families to pursue justice and damages. A car accident lawyer can guide you through this traumatic process.
How Long Does a Claim Take?
It’s different. Some claims are completed in weeks. Others take months or years.
It depends on:
- How clear the fault is
- How severe the injuries are
- If the claim goes to court
Severe injuries may take longer to evaluate. Your doctor may need months to recognize the full impact. That fact affects your final settlement. Your lawyer will keep things progressing and let you know.
What If the Other Driver Left the Scene?
Hit and runs are not rare. However, you can do something:
- Report it to the police
- Claim your uninsured motorist coverage
- Look for camera footage or witnesses
A Kansas City lawyer can locate the driver. They can also work with police and insurance to obtain solutions promptly.
How an Attorney Builds a Strong Case
Personal injury lawyers use facts to build your case. They do things like:
- Collect police reports
- Get witness statements
- Get expert opinions
- Have your medical records reviewed
- Create a timeline of events
This is to help prove who was responsible for the accident and how it has affected your life. The more proof, the better you will do.
What Will an Attorney Cost?
Most Kansas City injury lawyers work on a contingency fee. This is:
- You don’t pay anything upfront
- They’re only paid if you win
- Their fee is a percentage of your settlement
Inquire with your lawyer how his fee works. Most will explain it in simple terms. There are no secrets.
5 Common Questions About Missouri Car Accident Laws
1. Do I always need to have a lawyer for every car accident?
Not always. For little accidents involving no injuries, you might not need one. But if you are injured or the fault is uncertain, get an attorney.
2. Can I still get compensation if I was not wearing my seatbelt?
Yes. Failing to wear a seatbelt does not disqualify you from getting money. But you might have your compensation reduced.
3. What if I was hit by a company vehicle?
Collisions with trucks or company cars can be more complex. The company could also be held liable. A lawyer can figure it out.
4. Should I talk to the other driver’s insurance?
No. Let your lawyer handle that. They can use your statements against you.
5. What if the accident happened while I was working?
You can have both a workers’ comp case and a personal injury case. A lawyer can handle both.