What Are the Legal Options if You Were Involved in a Car Wreck in Missouri?

After a car wreck, you do you have legal options, and the best way to make sure that you recover the full compensation that you need is to explore those options with a St. Charles car wreck attorney. An attorney familiar with the laws of Missouri and the courts here in St. Charles, MO will be able to give you personalized advice based on the unique circumstances of your accident. Keep reading to understand a bit more of your legal options here in the state.

What Are the Legal Options if You Were Involved in a Car Wreck in Missouri?

Missouri is a “fault state” for personal injury, with a tort liability system that means the driver who is found to be at fault is responsible for the damages from an accident. Thus, as an accident victim, you have three basic options for going forward:

First, you might file a claim with your own insurance company, depending on your coverage. This may include medical payments coverage or collision coverage for vehicle repairs. However, bear in mind that if another driver is at fault, your own insurance company will likely expect to be completely reimbursed for anything they pay out from your settlement or lawsuit.

Second, you can file a claim with the at-fault driver’s insurance company. This claim will ask them to cover your medical expenses, property damage, and any other losses you have. Third and finally, you can file a personal injury lawsuit. If the insurance settlements that you were offered are not sufficient or are denied outright, you have the legal option to file in court against the at-fault driver to recover your damages.

Why a St. Charles Car Wreck Attorney Is Needed

Missouri’s Pure Comparative Fault Rules

Missouri follows a “pure comparative fault” rule that means if you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault. Some states have what is known as a “modified comparative fault” rule, which means that if you are primarily at fault, you cannot recover damages at all. Here in Missouri, you could recover even one percent of your damages if you were 99% at fault for the accident. The only way you could not recover anything is if you were 100% at fault.

This system allows for anyone who’s been hurt in the accident to recover based on the degree of negligence shown by the other entities involved. However, it does mean that insurance companies have a strong incentive to assign you as high a percentage of blame as possible.

For Example

Say, for example, that you have damages of $45,000 in medical bills and property damage. On top of that, your lawyer is asking for pain and suffering damages on your behalf, which are usually calculated using the multiplier method. If your economic damages are $45,000, your pain and suffering damages will be calculated by multiplying this by a number between 1.5 and 5. The more severe and painful your injuries, the higher the number used to multiply.

For the sake of this example, let’s say that you had serious but not severe injuries and have multiplied $45,000 by two and are thus asking for $90,000 total. If the insurance company can argue for you to be saddled with even 5% more blame for the accident, they can reduce their own payout by $4,500. Given this reality, it’s very important to have a skilled and experienced lawyer on your side to protect you.

Statute of Limitations for Filing a Lawsuit

In Missouri, the statute of limitations for personal injury claims is five years from the date of the accident in nearly all cases. Compared to some states, this is a very generous statute of limitations (many states only allow two to three years for personal injury claims to be brought). However, don’t let the five years lull you into a false sense that you have all the time in the world. If you miss the window, you will not be allowed to recover any compensation at all.

Additionally, you should always bear in mind that the longer you wait, the harder it can be to prove exactly what happened. Evidence can get lost or degrade. Witnesses can forget what happened or forget key details: in some cases, witnesses might even pass away. Always talk with a lawyer as soon as possible so that you can get started quickly and make sure that all your deadlines are met. There are some cases where you may be eligible for an extension of the statute of limitations, but only your lawyer can tell you if that might be the case in your situation.

Uninsured and Underinsured Motorist Coverage

Although Missouri law requires all drivers to carry insurance coverage, the sad truth is that many drivers do not, and even those who do may only be carrying the minimum coverage: and this may not be sufficient to cover all your damages. In that case, if you have uninsured or uninsured insurance coverage with your own insurer, it should kick in.

However, insurers are often very reluctant to pay out on these coverages. They often institute long delays as they hope to find a way to make the at-fault driver pay, and in some cases they may deny claims entirely and constantly tell you that someone else’s insurance coverage should be paying out first. You will want an attorney to go over the specifics of your policy, advise you on your rights, and negotiate with your insurer.

Addressing Property Damage and Additional Losses

A car accident typically involves property damage, not only to the car, but also to any belongings you had in the vehicle at the time of the accident. It’s a complicated process to deal with appraisals and negotiations with insurance adjusters, and an attorney can guide you through this process to give you the best chance of getting fair compensation for your vehicle’s damage. Your attorney can challenge lowball estimates and push for proper evaluations, as well as make sure that you get recovery for the out-of-pocket expenses you might have incurred, such as rental car costs.

Protecting Your From Mistakes

Statements that you make at the time of the accident or anything that you say to insurance adjusters could be used against you, and you can expect the insurers to ask questions in a way designed to get you to say something that can be used to increase your fault or otherwise undermine your position. An attorney acts as a buffer between you and the other party and will make sure you know what to say, what not to say.

Maximizing Compensation Through Strategic Negotiation

In the end, these settlements are usually made through negotiations, and insurance companies have a lot of experience in these negotiations. Most accident victims have little experience, so your attorney will level the playing field.

If you’ve been in a car accident here in St. Charles, MO, don’t wait to get skilled help. Contact the Wendt Law Firm P.C. now for help throughout the greater Kansas City area.