Is Missouri a No-Fault State for Car Accidents? 2024

By Zane T. Cagle | August 8, 2024 | Car Accidents

If you have recently been injured in a car accident that you believe another driver caused, it is natural to ask, is Missouri a no-fault state for car accidents? The answer is no; the fault rule applies, so it will be necessary to prove fault for your accident before you can recover compensation for your damages. This may be more difficult than it seems at first, and an experienced attorney can help you build the foundation of your case.

Understanding the Fault Rule for Car Accidents

Missouri’s fault-based system for resolving vehicle accidents intends to hold drivers accountable for the injuries they cause to others. This system also requires every driver to have auto insurance, not only because this insurance can cover the damages they cause to others but also because without it, they can only expect minimum recovery if another driver causes an accident with them.

Car accidents can happen because of all types of driver negligence, such as distracted driving, speeding, or moving violations like running red lights or performing illegal turns. If another driver of a motor vehicle caused your recent accident, you need to gather as much evidence as you can to prove exactly how they caused the accident before you can recover compensation for your damages.

It is also important to remember that the state follows the pure comparative fault rule. This rule applies whenever more than one party shares fault for an accident, and each liable party will have a percentage of fault assigned. This could mean multiple defendants sharing fault for a plaintiff’s injuries, but it is also possible for a plaintiff to be partially at fault. In the latter case, the plaintiff’s fault percentage is deducted from their settlement or verdict.

How an Attorney Can Help After an Accident?

You may have suffered serious injuries from your recent car accident, and it is also possible for a car accident victim to have little to no recollection of the accident itself. Whatever the case may be, having an experienced attorney on your side will make your recovery process much easier and more likely to yield positive results. One of the most important services a personal injury attorney can provide is gathering evidence you may be unable to secure on your own.

Traffic camera recordings, cell phone data, vehicle computer data, and eyewitness statements are sometimes important pieces of evidence for proving fault for a car accident. The police report from the accident is also crucial; this will include first responders’ initial findings from the scene of the crash, and you will need this report to send to the insurance carrier with your claim for compensation.

Ultimately, many regarding fault can arise in any vehicle accident case, and it is important to have legal representation you trust to ensure the greatest chance of successfully recovering your damages. After receiving medical attention, you should reach out to an experienced attorney at your first opportunity so they can begin building your case.

FAQs

What Should I Do First After a Car Accident?

The first thing you should do after a car accident in Missouri is call the police to report the accident if you are physically able to do so. State law requires drivers to call 911 and remain at the scene of any crash resulting in property damage, injuries, or death. Additionally, calling 911 will ensure there is a police report for the accident that you will need later. Seek medical care for your injuries and consult an attorney before talking to any insurance carriers.

What Is the No-Fault Rule for Car Accidents?

The no-fault rule for car accidents will mean that each driver involved in the crash will use their own auto insurance to pay for their damages regardless of who caused the accident. Every state has different laws pertaining to fault for vehicle accidents, and no-fault states require drivers to have personal injury protection that intends to cover their damages. The state is not a no-fault state, so drivers must have liability coverage that meets the state minimum requirements.

What Happens if the Person Not at Fault Has No Insurance?

If the person who was not at fault has no insurance in Missouri, it may limit their ability to recover compensation for their injuries due to the state’s no pay, no play rule. This rule is meant to incentivize drivers to secure appropriate insurance coverage. If they do not have this insurance, they may only be able to recover compensation for their medical bills after an accident, even if the other driver was entirely at fault.

What Is a Car Accident Case Worth?

The potential value of a car accident case depends on the severity of the victim’s injuries. If they can prove another party is directly responsible for causing the crash, they have the right to seek full repayment of their medical bills as well as compensation for lost income if they are unable to work during recovery. It is also possible for the injured victim to seek compensation for their pain and suffering.

Should I Hire an Attorney After a Car Accident?

You should hire an attorney after a car accident in Missouri if you want to ensure the greatest chance of success with your recovery efforts. You can rely on your attorney to gather evidence needed to prove fault, and they can also confront an insurance carrier for you, ensuring that your claim is handled in good faith. You are not only more likely to succeed with your case but also maximize your recovery with their representation.

The Cagle Law Firm has extensive experience representing car accident victims throughout the state, and we know the issues you are likely to face when it comes to navigating the fault rule. Our firm is ready to build a strong case for you so you can recover as fully as possible from your injuries. Contact us today and schedule a free consultation with our team to learn more about the legal services we provide.

About The Author

Zane T. Cagle

Zane T. Cagle is the founding president and lead trial attorney at The Cagle Law Firm. With a strong dedication to his clients, he has built a reputation for his tenacious representation in personal injury cases, ensuring each client's unique story is heard. Areas of Practice: Personal injury, motor vehicle accidents, wrongful death. Bar Admissions: Supreme Court of Missouri, Illinois & Kentucky. Superior Court of U.S. Virgin Islands Education: Washington University School of Law. Awards: Super Lawyers, Top 40 Under 40 by The National Trial Lawyers Association, 10 Best in Missouri for Customer Satisfaction.

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