The terms “no-fault” and “at-fault” pertain to the types of car insurance systems used across different states in the United States, particularly regarding how liability and compensation are handled after a car accident. If you are a driver in Missouri, you might be curious about whether your state follows a no-fault model for car accidents and the implications this could have for you post-incident. In the following guide, we will explore these differences in more detail and clarify the relevant laws in Missouri.
The Difference Between No-Fault and At-Fault States
In a no-fault system, individuals injured in a car accident can seek compensation for their medical expenses and lost wages directly from their own insurance company, regardless of who caused the accident. This system aims to simplify claims and reduce the need for litigation. In comparison, an at-fault system holds the driver responsible for the accident liable for damages, allowing injured parties to file claims against the at-fault driver’s insurance to recover costs.
Missouri Is an At-Fault State
Missouri is classified as an at-fault state. This means that when an accident occurs, the determination of fault is made, and the driver deemed at fault is responsible for compensating the other party for damages, injuries, and other related expenses.
The Implications of an At-Fault State
For drivers in Missouri, the at-fault insurance structure has several important implications, which include the following:
Liability Coverage
Under the at-fault system, drivers need to maintain adequate liability insurance. This type of coverage is designed to pay for damages and injuries you may cause to others in an accident. If you are determined to be at fault and do not have sufficient liability coverage, you could be held responsible for significant financial expenses, including medical bills, property damage, and any legal fees associated with the incident.
Different Ways of Seeking Compensation
When an individual is injured in an accident, they have several options for seeking compensation for their injuries and damages. For instance, the injured party can file a claim directly with the at-fault driver’s insurance company. If the at-fault driver does not have adequate insurance, the injured party may turn to their own insurance policy if they have additional coverage. This coverage can help cover costs when the at-fault driver cannot fully compensate for the damages. Moreover, if the damages exceed the coverage limits of the at-fault driver’s insurance or if the settlement offered is insufficient, the injured party may choose to pursue a personal injury lawsuit against the at-fault driver. This legal action can help recover costs that exceed the insurance limits, including compensation for pain and suffering, lost wages, and other damages incurred due to the accident.
How To Determine Fault Following a Car Accident in Missouri
Determining liability in a car accident in Missouri can be complex, as it is not always a clear-cut situation. Several factors come into play when assessing fault, including the specifics of how the accident occurred. As a result, investigating the circumstances surrounding the incident—such as the behavior of each driver, traffic conditions, and adherence to traffic laws—is critical. The police report can also provide important information regarding the accident, including statements from the officers who responded to the scene, any citations issued, and a preliminary assessment of fault. Witness testimonies can further influence the determination of liability, as they may provide further insight into the events leading up to the accident.
Contact Wegmann Today To Review Your Legal Options
If you suffered harm in a car accident in Missouri and want to better understand the legal options and remedies you can pursue, contact Wegmann Law Firm today and review your case with an experienced Missouri car accident attorney.
