Two sets of standards are used to assess liability in an automobile collision: No-Fault and At-Fault.
Several states follow no-fault standards, the easier of the two. Under no-fault rules or regulations, insurance companies reimburse accident victims regardless of who caused the collision. This sort of compensation system often depends on a number of variables, such as where you reside (or were wounded), whether or not someone was hurt, who owns the policy, and any other situations that may influence your eligibility for reimbursement.
At-fault is the more difficult of the two and is used in a number of states. Under the various at-fault laws across the United States, insurance companies only reimburse accident victims for their injuries if the other party is at fault. Unfortunately, you must establish this in court to collect monetary compensation for injuries and losses.
Thankfully, during the life of your claim or case, our law office in Kansas City will offer you the necessary legal experience and acumen you need to secure justice. Contact Peterson & Associates, P.C. immediately to get a free initial case review from a Kansas City vehicle accident attorney who is devoted to fighting for you and yours.
Which States Are No-Fault or At-Fault?
Eighteen states in the United States adhere to the no-fault rule. If you are involved in an automobile accident in one of these states, you are required to have personal injury protection insurance. In other words, you can only sue the at-fault driver in restricted circumstances.
In no-fault jurisdictions, your own insurance carrier handles all your claims. But if your property damage or bodily injury exceeds a specific monetary threshold in certain states, you may sue the at-fault motorist for the excess amount.
Missouri is not one of the 18 states that adhere to the no-fault rule; rather, it is a fault state. In an at-fault state, an accident victim may collect damages from the other motorist if that driver is culpable for the accident.
It is not always simple to determine who is liable for an accident since, occasionally, both participants might be held responsible. In order to preserve all relevant evidence, it is essential that a prompt investigation into the collision be conducted.
Fault in Missouri Accidents
In Missouri, the “fault” technique is used to determine financial liability in car accident lawsuits, including injuries, lost wages, vehicle damage, etc. Ultimately, how a case or claim turns out relies much on how the party responsible for the accident responds to the claim.
Either way, you may file a personal injury claim in civil court against the individual who caused your accident and demand compensation for injuries and losses.
The at-fault rule in Missouri is predicated on changing percentages of ‘fault’ for each person involved in an accident.
If you are involved in an automobile accident in Missouri, consulting a car accident attorney will help you determine what this means for your case and the choices you have for filing a claim against another motorist in Kansas City and beyond.
Missouri’s Fault System
Still, there are myriad categories of negligence that decide whether the injured person or both parties involved in the accident may file a claim for damages.
Missouri follows Pure Contributory Negligence; thus, if only one individual is at fault in an automobile accident, that person is liable for all damages.
If both drivers contributed to the collision, the law gives each a proportion of culpability ranging from 1% to 99% and may entitle both parties to damages.
The law binds the number of damages that both parties may claim from an accident to this proportion of blame or fault. Needless to say, it can be difficult to determine what sorts of damages you can claim and how to calculate them.
Contacting a Missouri automobile accident attorney is essential so that they can examine your case, determine the likely result of your case, and provide you with legal counsel on how to construct your accident claim.
Car Accident Laws in Missouri
Again, under Missouri’s auto accident laws, the at-fault driver is liable for any property damage, medical expenditures, and other damages and losses resulting from the collision.
These medical expenses may be the result of physical harm or pain and suffering caused by the car collision. Future medical expenditures resulting from the accident might also be included.
Therefore, if you are at fault, your insurance company will pay for the subsequent damage. However, their insurance company would absorb any costs if the other driver is at fault. Remember that insurance companies will only pay damages or resulting accident expenditures up to the policy’s limitations.
If both you and the other motorist are judged to be partially at fault for an accident, the amount of fault assigned will be the proportion that each party’s insurance will pay.
Contact Peterson & Associates, P.C.
If you were injured in an automobile accident in Kansas City, you should immediately contact a Kansas City car accident lawyer. Our attorneys at Peterson & Associates, P.C. have assisted Kansas City auto accident victims in securing just compensation for years. We will analyze the facts of your case and assist you in determining the optimal course of action, whether that entails a settlement or a trial.
Automobile accidents are, to say the least, often stressful. If you were injured in a car accident in Kansas City, you need an attorney who is familiar with the complex legal system in Missouri and can assist you in obtaining the compensation you deserve.
At Peterson & Associates, P.C., our experienced Kansas City legal team specializes in personal injury litigation. We understand what it takes to win your case. Our lawyers have years of experience dealing with insurance companies and understand how to get the best possible result for your case.
We will work diligently to ensure that you and your family get the justice and compensation to which you are entitled.
Contact our personal injury law practice at (816) 888-8888 to speak with a personal injury lawyer in Kansas City. After you contact our team, we will schedule a no-cost consultation to thoroughly analyze your case and explain all of your legal options after an accident.