Is Missouri a No-Fault State for Car Accidents?

When you’re involved in a car accident, how you pursue compensation for damages depends on whether the state follows a fault or no-fault system. Missouri operates under a fault-based system, meaning that the at-fault driver is responsible for covering the damages. This approach assigns responsibility based on who caused the accident.

Understanding Missouri’s fault-based system is crucial for anyone involved in a car accident in the state. It impacts how you file insurance claims, what kind of compensation you can receive, and whether or not you can take legal action. Serving St. Louis, Missouri, The Law Offices of Joe Phillips is here to make sure you understand Missouri’s fault system.

How the Fault System Works in Missouri

In Missouri, after a car accident, the driver found to be at fault is financially responsible for the injuries and property damage caused. As an accident victim, you have a few options for seeking compensation.

• File a claim directly with the at-fault driver’s insurance company.

• File a lawsuit against the driver.

• File a claim with your own insurance company, depending on the type of coverage you have.

The fault-based system provides flexibility in how you pursue compensation. If you believe the other driver is at fault, you can take action against their insurance to cover medical bills, lost wages, vehicle repair costs, and other damages. However, the insurance company may dispute the claim, especially if the other driver or their insurer contests fault.

Comparative Negligence in Missouri

Missouri uses a comparative negligence system when determining how much compensation each party receives after an accident. This means that each driver involved in the accident is assigned a percentage of fault.

For instance, if one driver is found to be 80% responsible for the accident and the other driver is 20% responsible, their compensation will be adjusted accordingly.

If you’re partially at fault for the accident, the amount of compensation you receive will be reduced by your percentage of fault. For example, if you’re awarded $50,000 in damages but found to be 30% at fault, your award will be reduced by 30%, and you’ll receive $35,000.

This system makes sure that fault is proportionally assigned, but it also means that being partially responsible for the accident can impact your recovery.

Filing an Insurance Claim in Missouri

After a car accident in Missouri, you’ll need to begin the process of seeking compensation by filing an insurance claim. Even though Missouri isn’t a no-fault state, you should still notify your own insurance company about the accident. Depending on your policy, your insurer may provide coverage.

Gathering evidence from the accident scene is essential. Photos of the accident, witness statements, and police reports can all help substantiate your claim and establish fault. Filing a claim with the at-fault driver’s insurance company typically involves negotiating with claims adjusters, who may try to minimize the amount you receive.

Minimum Insurance Requirements in Missouri

Because Missouri follows a fault-based system, all drivers are required to carry minimum levels of liability insurance to cover damages in the event of an accident. The state requires drivers to have at least $25,000 in bodily injury coverage per person, $50,000 in total bodily injury coverage per accident, and $10,000 in property damage coverage.

Additionally, Missouri mandates that drivers carry uninsured motorist coverage to protect against accidents involving uninsured drivers.

However, while these minimum coverage requirements may be sufficient for some accidents, more severe crashes may involve costs that exceed the at-fault driver’s insurance limits. In such cases, victims may need to pursue additional compensation through their own insurance or by filing a lawsuit.

The Role of Uninsured and Underinsured Motorist Coverage

Although Missouri law requires all drivers to have insurance, not everyone follows the law. As a result, uninsured motorist accidents aren’t uncommon. In such cases, uninsured motorist (UM) coverage can protect you. This type of coverage comes into play when the at-fault driver doesn’t have insurance, allowing you to recover compensation.

Similarly, underinsured motorist (UIM) coverage applies when the at-fault driver’s insurance policy doesn’t fully cover your expenses. If the total damages exceed the at-fault driver’s liability limits, UIM coverage can make up the difference. Given the potential for high costs in accidents, many drivers opt for higher levels of coverage than the state’s minimum.

Statute of Limitations for Car Accident Claims in Missouri

If you’re involved in a car accident in Missouri and are considering filing a lawsuit, it’s important to be aware of the statute of limitations. Missouri law gives victims five years from the date of the accident to file a personal injury claim. Failing to file a lawsuit within this time frame can result in losing your right to pursue compensation.

For accidents that result in a fatality, the timeline is shorter. In wrongful death cases, the statute of limitations is three years from the date of the death. This underscores the importance of acting quickly after an accident to protect your legal rights.

Why It’s Important to Act Quickly

Beyond the statute of limitations, there are other reasons why it’s important to move quickly after a car accident. Evidence can fade over time—witnesses may become harder to locate, memories may become unreliable, and physical evidence can be lost. By acting quickly, you can make sure that the necessary evidence is gathered and preserved.

Insurance companies also tend to handle claims more efficiently when they’re made soon after an accident. Delays in filing claims can lead to complications, especially if the other driver’s insurance company disputes the facts of the accident or questions the extent of your injuries. An experienced attorney like Joe Phillips may help expedite the process.

Filing a Lawsuit After a Car Accident

In some cases, filing an insurance claim may not be enough to cover all your damages. If the insurance company denies your claim or offers a settlement that doesn’t reflect the full extent of your losses, filing a personal injury lawsuit may be necessary.

A lawsuit allows accident victims to seek compensation for more than just medical expenses and property damage. You can also recover damages for pain and suffering, lost wages, and emotional distress. While lawsuits can take time to resolve, they can provide a means to hold the at-fault driver fully accountable for their actions.

Additional Considerations for Missouri Car Accident Victims

While the majority of car accident claims in Missouri are handled through insurance settlements, there are certain situations where a lawsuit may be necessary. For example, if the at-fault driver was reckless or acted with gross negligence, such as driving under the influence, punitive damages may be pursued in addition to compensatory damages.

Moreover, Missouri allows accident victims to recover damages for non-economic losses, such as emotional distress and loss of enjoyment of life. These types of damages can significantly increase the total compensation you receive, but they also require strong evidence to justify the claim. 

Contact an Attorney Today

If you’ve been involved in a car accident in St. Louis, Missouri or throughout St. Charles County, St. Louis County, and Jefferson County, it’s essential to understand your rights and the options available to you under the state’s fault-based system. Call the Law Offices of Joe Phillips today to learn more.