Car Accident Claims

Drivers who opt for the minimum coverage can sometimes discover just how expensive car accidents can truly be.

Auto insurance is mandatory in Missouri, and the minimums are set at:

• $25,000 for bodily injury per person
• $50,000 for bodily injury per accident
• $25,000 for property damage

The law also requires drivers to carry mandatory uninsured motorist coverage with the same set minimums. Drivers are free to purchase policies with higher levels of protection.

When you are involved in a car accident, these insurance policies generally kick in and provide you with financial support to cover medical expenses and property damage costs. However, in some cases, drivers may have total expenses that well exceed their insurance policies, leaving them unsure of how to cover the gap.

Who Pays for the Accident?

First, it’s important to determine who should cover your medical bills and property damage costs. If you were driving and accidentally hit a pole, for instance, then you have your personal auto insurance to fall back on.

However, if you are the victim of a car accident, then legally, the at-fault driver is generally obliged to cover the costs of all the damages the car accident has caused you. In this case, you don’t file a claim with your insurance company but the company of the at-fault driver.

The same goes if you are at fault for the incident. The ‘victim’ files a claim with your insurance company to seek damages.

What If the Policy Can’t Cover All of It?

Drivers who opt for the minimum coverage can sometimes discover just how expensive car accidents can truly be. 

If you’re the victim and are filing for compensation with the at-fault party’s insurance company, and their policy is not enough to cover what you’re owed, you have the option to seek the rest of your compensation in court. You are legally entitled to recover full damages, even if the driver’s insurance policy does not have sufficient coverage. A judge can therefore rule the at-fault party must pay the rest of the amount out of pocket. In the meantime, you may fall back on your insurance policy for certain expenses.

These matters are not as easy when it comes to your personal insurance, however. If your policy is not enough to cover your costs’ full extent, you will likely have to cover the additional costs out of pocket.

Before you do, speak with an experienced St. Louis car injury lawyer, and have them look over your case. Sometimes, insurance companies can refuse to cover certain costs even if the policy limit is not exceeded.

St. Louis Car Accident Lawyers

If your car accident claim exceeds your insurance policy, reach out to a St. Louis car accident attorney at The Hoffmann Law Firm, L.L.C., before you start paying the costs out of pocket. There may be additional legal options available to you, and we can help you identify them and protect your right to compensation.

Can you still get compensated if you didn’t exchange insurance information at the scene of the crash? 

Imagine you were on your way to work when another driver failed to give you the right of way and crashed into you. The damage was minor (just a small dent), and you were feeling fine, so you decided to go about your day without exchanging insurance information. You did, however, exchange contact details just in case something might change. 

A few days later, you start noticing some neck pain and stiffness. Your head hurts, and you’re also getting these weird muscle spasms in your shoulders and arms. You go to a doctor and are diagnosed with whiplash. 

You call the at-fault driver and tell him about the diagnosis, but he now claims that your condition has nothing to do with the accident.

What can you do? Can you still get compensated if you didn’t exchange insurance information at the scene of the crash? 

Speak With a Car Accident Attorney

If the other driver refuses to pay for your injuries or damages, the next thing you should do is get in contact with an experienced St. Louis auto accident attorney. 

Usually, when it comes to car accidents with minor damages or injuries, you can file a lawsuit in a small claims court by yourself. But, since the at-fault driver’s insurance company may use many tricks to stall your claim and bother you with a lot of unnecessary paperwork, it’s better to have a lawyer on your side. 

More than this, in Missouri, the burden of proof falls on the victim of the accident. If you didn’t exchange insurance information or call the police at the accident scene, collecting hard evidence may be quite a challenging task. An experienced lawyer, however, will know how to build a strong case and make compelling arguments. They might, for example, use expert witnesses to support your claim. 

File a Claim with Your Insurance Company 

Another option would be to file a claim with your insurance company and pay for the damages or the cost of medical bills. Keep in mind that your insurance provider might also try to minimize your claim or even deny it. A lawyer can negotiate with the insurance company on your behalf and ensure that you will get a fair settlement.

The Lesson: Always Exchange Insurance Information

Fender benders are often more of a nuisance than anything else. However, even if the apparent damage is insignificant and you feel fine, it’s still wise to exchange insurance information, schedule an appointment with your doctor, and speak with a St. Louis car accident lawyer to discuss your case and ensure your rights are protected.

If you find yourself in this situation, the best thing you can do is speak with an experienced St. Louis car accident attorney as soon as possible.

Being in a car accident that involves a police car can be intimidating for a victim. Pursuing a claim against a government entity may seem like an impossible goal to reach, as you may find yourself fighting against a powerful institution with special laws and regulations.

Who Is Liable When You Are Hit By a Police Car?

There is a fundamental question to be answered before determining who is liable: was the police officer behind the wheel performing his work duties, or did the accident happen during his personal time?

If the officer was driving the police car while on duty, the municipality is generally responsible for whatever damages they inflicted. But if they were using the car for personal use or demonstrated gross negligent driving, the municipality is no longer liable, and you would have to pursue a personal injury claim against the driver.

What To Do If You Were Hit By a Police Car?

If you find yourself in this situation, the best thing you can do is speak with an experienced St. Louis car accident attorney as soon as possible.

One of the first things to consider is to promptly file a claim – some government entities give you as little as 30 days to file a claim – and gather sufficient evidence to ask for a reasonable quote. The quote should not be too high, but not too low either, to maximize your chances to cover all your damages and expenses.

Evidence that can be used in your case includes:

• Photos that you take at the scene of the accident.

• Eye-witness accounts from your passengers, other drivers, or whoever happened to be close-by when it happened.

• Dashcam recordings from the police car.

• Medical records that show the extent of your personal damage.

• Documents from your employer that show your lost wages.

Another important aspect of your claim is determining if the police car had its emergency signals on – sirens and lights. If they were on at the time of the accident, you might be found liable for not letting the police car through and obstructing its way.

In some cases, even when having their lights and sirens on, the police car driver might still drive negligently, relative to the operation they were carrying. Such things are generally hard to prove, though, and you will benefit greatly from having an experienced attorney representing you throughout the case development.

Speak With an Experienced St. Louis Car Accident Attorney

If you have to file a claim against a governmental entity, you will certainly benefit from the help of a reputable St. Louis car accident attorney. These cases tend to get complex, and a lawyer can help you fight to get fair compensation.

As with any profession, some lawyers are good at what they do, and others lack the experience or dedication.

Car accident claims can be stressful, especially for victims under prolonged treatment or suffer from permanent disabilities. The longer the claim goes on, the more bills pile up, and the more time an insurance company has to apply all its strategies for minimizing your claim.

Being represented by a lawyer can make a recovery more efficient for a car accident victim by alleviating the burden represented by a tiring, complicated legal claim. But simply hiring a lawyer who claims they can win you the settlement will not guarantee that. As with any profession, some lawyers are good at what they do, and others lack the experience or dedication. Or it could be that you don’t have compatibility with your lawyer.

Can you change your car accident lawyer in the middle of the process? The answer is yes. However, it’s important to consider several important factors before making this decision.

When Should You Consider Finding a New Lawyer?

There are several possible reasons why you would want to change your lawyer. Fortunately, nothing can stop you from choosing another professional to represent you if the first one doesn’t work out.

Here are some examples of that:

• Your lawyer doesn’t return your calls and is hard to contact, leaving you in the dark about your own case.

• You are not convinced by their strategy or approach.

• They don’t take the time to explain the process in detail and you feel left out of it.

• You have valid reasons for not trusting your attorney.

Will the First Lawyer Have to Be Paid?

As you may know, car accident lawyers and, in general, personal injury ones are generally paid a contingency fee. This means that you are typically not paying anything until you receive a settlement, and their fee is typically calculated as a percentage of that.

If your first lawyer has worked on your case for a while before getting fired, they might file an attorney’s lien claim for the time they spent. If this happens and your second lawyer wins you a settlement, they will typically pay the first lawyer’s lien out of their own fee.

How to Proceed When Changing Your Lawyer Mid-Case?

There are certain documents to be submitted once you find a new St. Louis car accident lawyer to represent you, and they will be able to instruct you on that. Signing an agreement with your new lawyer and prompting the first lawyer to stop working on your case is amongst the most important.

Your Lawyer Should Represent Your Best Interests

A car accident is often a stressful and traumatic experience, and you need someone you can trust. You already have a lot on your plate, and constantly checking that your attorney is doing his job should not be on the list. 

Sometimes negotiating with the insurance company does not lead to the desired result, leaving the victims with no choice but to take the claim further by suing.

Car accidents may create health issues and limitations to a person’s quality of life. They may also be preceded by stressful legal battles and negotiations with insurance companies when the victim demands their right to compensation. 

Generally, car accidents are settled outside of the courtroom. However, sometimes negotiating with the insurance company does not lead to the desired result, leaving the victims with no choice but to take the claim further by suing. 

When Can You Sue After a Car Accident?

A lawsuit is not something one should jump to quickly. You should generally only use this right when you have exhausted other options. Here are some scenarios that might lead to a lawsuit after a car accident. 

The Other Driver is Uninsured

Suppose you were in a car accident with an uninsured motorist. In that case, it will not be possible for you to collect compensation from their insurance company since they do not have coverage.

In the state of Missouri, it is mandatory to carry an uninsured motorist coverage policy. Still, it might not cover all your damages if your injuries are serious or property damage is substantial. 

To get the difference left after making a claim to your own insurance company, you can sue the other driver for damages. They would have to pay you from their own pocket, so you might not get the amount you need fast. 

The Insurance Company Denies Your Claim or Offers Too Little

In other cases, the insurance company you make a claim to will fight back. Many victims are denied their claim or offered an amount lower than what they should receive. Insurance companies are expected to negotiate towards a lower amount to minimize their costs, but acting in bad faith is against the law and gives you the right to sue.

Statute of Limitation on Your Right to Sue

A crucial thing you need to have in mind if you decide to sue is that you have a limited amount of time to do it. 

Some exceptions do apply. In some cases, injuries or complications from injuries show up much later than the accident itself. Suppose you have a strong case to prove that the accident did, indeed, cause delayed health issues. In that case, you can be excepted from the statute of limitation rule, but it happens very rarely. 

Get in Touch with a Lawyer

If you believe that suing the other driver, their insurance company, or any other party, is needed, it’s a good idea to get in touch with an experienced St. Louis car accident lawyer. They can tell you if your case is worth pursuing and can help you build a strong case that will get you the compensation you deserve for your injuries, pain, and suffering.