Hurt In a Car Accident? Missouri Insurance Coverage and How to Get Help

July 20, 2012

Hurt In a Car Accident? Missouri Insurance Coverage and How to Get Help

When you are injured in a car accident you want to know there is enough insurance to cover your injuries. But what if you are partially responsible for the accident? Understanding Missouri's auto insurance laws can help you understand how the system is set up and why a St. Louis insurance claim attorney can help.

Every driver and vehicle owner in Missouri is required to carry auto insurance. Drivers, at a minimum, must carry a 25/50/10 policy. This means each driver must have a minimum of $25,000 dollars of coverage for bodily injury per person, up to $50,000 per accident for bodily injury and $10,000 in property damage coverage per accident.

Each driver is also required to carry uninsured motorist coverage. This must provide for at least $25,000 in bodily injury coverage per person and $50,000 per accident.

The law extends to visitors of the state, requiring nonresidents to maintain insurance that conforms to the the laws of their state. In addition, every driver is required to have proof of coverage available. Proof of coverage can be achieved in the following ways:
-Driver carries insurance card for minimum 25/50/20 liability insurance plan
-Proof of financial responsibility filed with the Department of Revenue establishing driver can cover cost of any damage without needing to rely on insurance
-Certificate of self-insurance for a company or religious organization

If a driver, resident or not, is unable to show proof of insurance, three penalties may result. The first possible penalty is a deduction of four points from the driver's record after the court sends a conviction for a lack of proof of insurance to the Driver License Bureau. The court could also determine an order of supervision is required, which is sent to the Driver License Bureau and results in monitoring of the driver to ensure automobile liability insurance is obtained and maintained. The final possibility allows the court to suspend the offender's driver's license.

Each penalty also requires a fee to reinstate the driver's license after proof of insurance is established. This fee can vary from $20 to $400 dollars depending on past offenses.

In addition to holding the proper level of coverage and having proof of insurance easily accessible with the vehicle at all times, it is wise for each driver to be aware of how Missouri's auto insurance program functions.

Basics of Comparative Fault Auto Insurance Program in Missouri

Missouri operates using a comparative fault auto insurance program. Comparative fault was adopted in Missouri in 1983. Missouri applies pure comparative fault, which allows reduction of damages based on the percentage each driver is at fault. According to the Missouri Department of Insurance, insurers are allowed to investigate an accident and determine the percentage of liability for each party involved.

For example, if Driver A is turning left but neglects to use a turn signal and an oncoming vehicle operated by Driver B is speeding, which driver is liable for the resulting car accident? In Missouri, the answer would be both. Driver A would be held responsible for failing to operate the turn signal and Driver B for failing to follow the posted speed limit.

This system is based on the theory that both drivers have some degree of responsibility in an accident. The level of responsibility is determined by car accident claims adjusters that work for insurance companies. These adjusters will rely on state law to determine how the fault assessment is applied, but ultimately make the determination on their own.

After an accident, an investigation will ensue. In the previous example, an insurance company may determine Driver A contributed to the accident 30 percent for not properly signaling a turn. If Driver A accrued $100,000 in damage from the accident, he could retrieve up to $70,000 from Driver B. The insurance company would reach this amount by subtracting 30 percent of the $100,000, or $30,000, from the total amount of damage sustained.

A unique aspect of Missouri's law is that it applies pure, and not modified comparative negligence. This means that even if a driver is 99 percent responsible for an accident, he can still retrieve 1 percent of the overall damages from the other driver. Thus, in the above example, if the investigation found Driver A 99 percent responsible for the accident, he could still recover $1,000 from Driver B. The insurer would reach this by subtracting 99 percent of $100,000, or $99,000, from $100,000.

Disagreement With Fault Determination

The insurance company's determination of fault plays a large role in the amount of compensation that can be recovered. Additionally, if the calculation appears flawed it is important to be aware that an insurance company's determination of fault can be challenged.

Victims of car accidents are eligible for compensation to cover medical and rehabilitative costs, as well as pain and suffering. If a determination wrongly provides a victim with a large percentage of fault, remedies are available.

In such a situation, it is important to dispute the determination. Medical bills are expensive, and a lower recovery amount may not cover all hospital expenses. If you or a loved one is struggling with a determination calculation, it is important to seek the counsel of an experienced car accident lawyer to ensure your legal rights are protected.

Article provided by Bley & Evans LC
Visit us at www.bleylawfirm.com