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fault

Filing an Auto Accident Claim in an At-Fault State

January 28, 2020 by Christopher

st. louis man involved in a car accident

If you have been in a car accident, you are probably now learning how many things need to be taken care of afterward. If it’s more than a minor incident and you’ve injured and are also dealing with some property damage, then the level of stress and frustration increases exponentially.

The laws can be quite tricky and difficult to understand, which is one of the primary reasons to always work with an experienced St. Louis car accident lawyer. However, knowing a thing or two about how things work in your state might help you stay sane while the compensation process unfolds.

Determining Liability in an At-Fault State

Liability laws differ from state to state. There’s only a handful of states that are no-fault, including Florida, Kentucky or Kansas. The majority of states are at-fault, which means that the consequences of an accident should be the responsibility of the person who caused the accident.

Missouri, for example, is an at-fault state, which is quite a traditional system of establishing who pays for losses caused by an accident. In a car accident claim, the evidence is brought to support the claim and demonstrate which driver or person involved in the accident should be held accountable.

While the minimum required insurance coverage is limited, the fact that each motorist must carry a liability coverage insurance policy is important in the case of an accident. The victim of a car accident can file a claim with their own insurance company, or with the insurance company of the other driver.

Filing a Claim Against the At-Fault Driver

The types of damage that you can file a lawsuit for are:

  • Non-economic: pain and suffering, lowered quality of life
  • Economic: property damage, medical expenses, lost wages, etc.

We strongly recommend speaking with an experienced St. Louis personal injury lawyer who has the experience and expertise to propose and sustain a settlement or claim that would cover all your expenses and would counter the insurance company’s attempts to pay less than what they should.

Get Coverage

Since the amount of money you will receive depends on the other driver’s insurance coverage, you might have the unpleasant surprise of exceeding his insurance limits if your injuries are severe. This is why we highly recommend that you purchase an uninsured motorist or underinsured motorist coverage beforehand.

Speak With a Car Accident Lawyer in St. Louis, MO

Insurance companies are businesses that rely on profit, so they will generally try to pay you as little as possible. In most cases, they will try to demonstrate that you were at fault too. In an at-fault state, depending on the comparative system they rely on, you might get less if you are found to influence the accident as well, or even lose everything if you have any involvement in the cause of the accident. An experienced attorney understands the tricks the insurance company will try to use and can help protect your right to full compensation.

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Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Filed Under: Blog Tagged With: fault

Can I Still File a Car Accident Claim I Am Partially at Fault?

January 20, 2020 by Christopher

two st. louis drivers invovled in car accident

A car accident, no matter how big or small, is a stressful and traumatic event. Not only that you have to think about medical procedures and bills and lost workdays, but the legal aspects can be quite a hassle too.

In many cases, car accidents are caused by a chain of events that often involve two or more drivers. So it’s not always easy to establish who is at fault and how will that affect the settlement.

Fault in a car accident will be treated differently in every state. While some states take into consideration both parties at fault, others won’t even give you a chance of settlement if you had any implication in causing the accident.

Because the facts aren’t always clear, going into this fight alone is not the best idea. You will benefit greatly from someone who understands the law, the type of evidence that could make a difference, and the tricks insurance companies use to pay a lower settlement. That’s why you should speak with a St. Louis auto accident attorney and build a strong case.

Pure Comparative Negligence

Missouri follows the pure comparative negligence doctrine. This means that the court will establish the level of guilt each party shares and will adjust the settlement according to that.

For example, a settlement of $100,000 will be reduced to:

$90,000 if you are found to be 10% at fault
$50,000 if you are found to be 50% at fault

Establishing the Proportion in Which You Are at Fault

Both your lawyer and the insurance company will gather information during the car accident’s discovery phase. This knowledge will be the base of the future settlement. The insurance adjuster will use everything they can find to make it seem like you play a role in the accident and minimize the amount they have to pay.

Evidence like medical reports, police reports, witness accounts, car technical reports, and other documents will be gathered, classified and evaluated by the court. The insurance company will issue an initial at-fault report, which you can appeal if you believe your percentage of fault is exaggerated.

Why Speak With an Attorney

Sharing the fault with the other driver will make your case more complicated, so hiring a St. Louis car accident lawyer is the best option you have.

The amount from which a proportional amount will be calculated is based on the damages you suffer. That will include medical expenses, lost wages, pain and suffering, property damage, and other losses. This calculation is complex and it cannot necessarily be predicted through an equation, so it’s very important to have a car accident lawyer by your side who can assess your case correctly and take the necessary actions to maximize your settlement.

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Filed Under: Blog Tagged With: fault

Partially at Fault for a Car Accident – Am I Entitled to Compensation?

July 3, 2019 by Christopher

What if a car accident “victim” isn’t 100% a victim? What if they partially contributed to the car accident?

Car accident cases can be very complex. In a straightforward situation, you have a clear guilty party and a clear victim. The guilty party, whose actions have led to a car accident and injury of the victim, is generally liable to cover the medical expenses and property damage of those they hurt.

two men discussing car accident

Based on the severity of the impact, a settlement amount is negotiated, the victim receives payment, and everyone can move on. But what if the victim isn’t 100% a victim? What if they partially contributed to the accident too?

Can you still recover damages in this case?

Understanding Comparative Fault

Missouri is a pure comparative fault state, which means the amount of damages you are able to recover in a car accident lawsuit is reduced by the percentage of your own guilt. Because you may have contributed to the results of the impact, Missouri believes you should not get full compensation.

For instance, if you are 20% responsible for the accident, and your total losses are $1000, you can only receive 80% of the damages to account for your own fault. As a result, you generally cannot receive more than $800 as a settlement.

Will It Affect Insurance Claims?

Most car accident cases go through one of the party’s insurance companies and don’t see a day in court. In Missouri, it’s mandatory for drivers to carry auto insurance, so it’s very unlikely to get a case on trial unless you have some serious accusations – like if the other driver intentionally tried to run you over with a car. Even then, the matter is likely to go through criminal court, not a civil court, where you’d normally get the settlement.

The pure comparative rule can affect your insurance claim as well. Though there’s no rule saying the adjuster has to account for your guilt percentage, they can certainly use your own fault as leverage to lower the settlement as much as they can.

How to Receive a Better Settlement

Whether you are going the insurance claim route or taking the matter to court, the amount of damages you receive can depend greatly on your St. Louis car accident lawyer.

In a trial, your lawyer has to convince the jury this accident has caused you harm, and your involvement in it was small, and may not have contributed greatly to the collision. This way, the amount you get can be higher.

The same goes for insurance negotiations. Your lawyer will meet with adjusters and argue on your behalf for the best settlement possible. It’s very difficult to accurately establish a percentage of fault in a car accident. Most of the time, the end result depends on the skills of your attorney. Therefore, it is important to get in touch with an experienced attorney as soon as possible.

For FREE legal advice 24/7, give us a call at (314) 361-4242.

Filed Under: Blog Tagged With: compensation, fault

What Is Comparative Negligence & How Is It Calculated?

April 11, 2018 by Christopher

Contributory negligence is a type of law that means that more than one party can be found partially liable for an accident.

calculating comparative negligence

Being negligent means that someone does something that directly leads to an accident. It can also imply that someone failed to do something that any reasonable person would have, and that failure to act led to the accident. If it was the fault of more than one driver, and both drivers contributed to the accident happening, then both parties could be liable for paying.

Is Contributory Negligence Exact?

In instances where both drivers might be at fault, the percentage is generally divided according to the amount of fault that someone contributes. For instance, if you pull out in front of someone in an intersection and are hit, then you would likely be at fault and deemed negligent. However, if the person who hit you was going way too fast for conditions, then they might be held partially responsible for the accident.

How Is Contributory Negligence Calculated?

When contributory negligence is used, both drivers are ascribed an amount of fault that they are liable for the accident. Based on those percentages, they are responsible for paying for their portion. In the example above, if the person who pulled out is ascribed 80% of the fault and the other driver 20%, then once the damages are calculated, the total cost is broken down according to the percentage that each is liable for.

Is It an Exact Calculation?

Since there is no way to precisely know exactly how much someone is at fault for an accident, or how much their part played in the accident, it is not an exact calculation and can often lead to insurance companies and lawyers negotiating the calculations and the percentages. There are times when there will be a lot of back and forth related to how much someone is responsible in comparison to someone else.

If you are in an accident in Missouri and believe that you aren’t solely to blame, or that the other driver bears more responsibility than they are being ascribed, then it is imperative that you speak with a St. Louis car accident lawyer as soon as possible. They will help to ensure that you are not left holding more financial responsibility than you should. If you are being held solely liable and you believe that the other driver is partially responsible, then it is important to have your lawyer protect you in the negotiation and settlement phase.

Filed Under: Blog Tagged With: fault

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    The images included on this site are not actual attorneys, events, or clients. The choice of a lawyer is an important decision and should not be based solely on advertisements. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Attorney Chris Hoffmann handles car and truck accident claims throughout Eastern Missouri and Western Illinois. He represents injured clients in St. Louis, St. Charles, St. Peters, Clayton, East St. Louis, Alton, Hillsboro and Belleville, and other cities in St. Louis County, St. Charles County, and Jefferson Country, MO, and St. Clair County and Madison County, IL.