Auto Accident Attorney in Missouri
Missouri is a “comparative fault” state. In Missouri , every auto driver is financially liable for any accident in which they are deemed to be more than 50% at fault. Drivers are required under Missouri State Law to purchase Auto Accident Insurance Liability Insurance to offset this risk.
Missouri has the highest rate of road death fatalities in the United States. With Auto Insurance premiums at an all-time high and no end to the road chaos, there is plenty of work for the estimated 1,265 Auto Accident Attorneys in Missouri .
Minimum Missouri Car Insurance Cover
Missouri auto drivers are required by State Law to hold the following auto insurance cover as a minimum: Bodily Injury Liability: $30,000 per person and $60,000 per accident. Property Damage Liability: $25,000. Personal Injury Protection (PIP): $2,500.
These are the minimum amounts required under Missouri State Law and most auto insurance policy holders opt to increase their level of Auto Accident Insurance cover with the following optional Missouri insurance extras
- Liability Coverage
- Collision and Comprehensive Coverage
- Medical Payments and Personal Injury Protection (PIP) Coverage
- Uninsured/Under-insured Motorist Coverage
- Mexico Coverage
- Rental Reimbursement and Towing Coverage
- Negligence Law
Who Pays in a Car Accident in Missouri
Missouri is a “comparative fault” State. This means you are financially liable for any accident in which you are deemed to have caused by being more than 50% at fault. If the other party is deemed to be more than 50% at fault it is their insurance policy that must pay compensation.
Depending on your level of cover you can be sued personally if an award is made against you that’s above your auto insurance policy limits
Who does an Auto Accident Attorney in Missouri Sue?
Missouri is a highly litigious state with the worst accident injury rates in the whole of the United States. An auto accident attorney can be hired to sue:
- another party if you believe they have caused you injury
- your own insurance company to maximize a direct compensation payout
- an auto accident attorney in Missouri can also defend you against criminal charges
How many Auto Accidents in Missouri
Over 3,700 people are killed in auto accidents in Missouri each year, with an average year on year increase of 7.3% in motor vehicle traffic fatalities, according to the Missouri State Government
The fatality rate on Missouri roadways for 2018 was 1.44 deaths per hundred million vehicle miles traveled. Representing a 2.12% decrease from 2017.
254,415 persons were injured in motor vehicle accidents in Missouri last year. Pedestrian fatalities totaled 699 in 2018. This is a 8.11% year on year decrease.
Road Deaths in Missouri 2019
- 1 person is killed every 2 hours and 28 minutes
- 1 person is injured every 2 hours and 11 minutes
- 1 auto accident occurs every 42 seconds in Missouri
- 568 motorcyclists killed in 2017. 52% were not wearing helmets
- Missouri saw 565 people killed in head-on collisions in 2018.
- There were no deathless days in Missouri roads last year.
- July was the deadliest month with 388 persons killed in Auto Accidents in Missouri
What do you do after a car accident in Missouri ?
Experiencing an auto accident is a stressful time. Thoughts become irrational as the adrenaline kicks in, helping accident victims deal with these hugely stressful incidents. These are the 8 things to do immediately following an auto accident in Missouri .
- Check for injuries and stay calm
- Dial 911 for the emergency services
- Do not leave the scene of the accident
- Follow police instructions but do not admit guilt or answer questions
- Gather information, shoot video and take photos
- Call your insurance company
- Follow medical instruction
- Contact an auto accident attorney in Missouri
Is Missouri a Litigious State for Auto Accidents
Court Cases involving an Auto Accident Attorney in Missouri made up the largest share of the Missouri Court system costs, according to the State Government.
There are over 1,200 Auto Accident Attorneys in Missouri with specializations including
- Small vehicle accident attorney
- Truck Accident Attorney in Missouri
- Missouri Auto Accident Attorney Generalist
- Missouri Insurance Auto Accident Attorney
- Personal Injury Attorney in Missouri
- Commercial Vehicle Auto Accident Attorney in Missouri
- Uber Auto Attorney in Missouri
- Lyft Auto Accident Attorney in Missouri
Missouri Statute of Limitations in Auto Accidents
The statute of limitations for a car accident in Missouri is two years from the date of the car accident (Sec. 16.003). The Missouri two-year statute of limitations applies to all claims made by drivers, passengers, pedestrians, truck drivers and motorcyclists. The clock starts ticking on the day of the accident and not the day you consult an auto accident attorney in Missouri .
How long does an insurance company have to settle a claim in Missouri ?
- Your insurance company must acknowledge your claim within 15 working days
- Within this 15 day they should request any further information from you
- Insurance companies in Missouri may extend this 15 days by a further 45 days and inform you of their reason
- Generally, if an insurance company extends the 15-day time frame clients will consult an auto accident attorney in Missouri .
- There is no time frame for your insurance company to settle the claim. On average it takes between 3 and six months.
- Once approved, your claim must be paid within 5 days
- If the claim involves a weather event or natural disaster a Missouri insurance company may take 45 additional days to approve or deny your claim and 15 additional days to pay your claim.
- An auto accident Attorney in Missouri may help speed up your compensation payout, or may delay proceedings to maximize your payout.
How much car insurance do I need in Missouri ?
- Bodily Injury Liability: $30,000 per person
- $60,000 per accident
- Property Damage Liability: $25,000
- Personal Injury Protection (PIP): $2,500.
These are not high minimums. In a more severe auto wreck accident, the Missouri Statutory minimum insurance levels may prove to be inadequate.
If you are judged to be more than 50% at fault in a Missouri car accident the other side may hire an attorney to personally sue you for any difference between their financial compensation award and the insurance policy limits.
Is Missouri a no-fault state
Missouri is not a no-fault state. Some states in the USA require a no-fault insurance policy, often known in Missouri as PIP. Every driver in Missouri is required to hold auto insurance to cover expenses for the other driver in the event of an accident.
Insurance Payout Limits in Missouri for Personal Injury
Missouri uses 50 percent modified comparative negligence laws, so the court decides how much each party in an accident is at fault. You can claim damages from the other party if your level of fault does not exceed theirs.
However, your damages will be also be reduced according to your apportioned level of fault.
Missouri Auto Attorney Insurance Claims Rights
According to the Missouri Bill of Consumer Rights (Order No. 12-0862), you have the right to be treated fairly, honesty and with respect when you make a claim. If you believe you are being treated unfairly by your insurance company, make a complaint to the TDI in Missouri and consult an auto accident attorney in Missouri with immediate effect.
Over 72% of Auto Accident Attorneys in Missouri are hired to fight an individual’s own insurance company for a better deal.
Missouri State Auto Accident Demographics
Missouri is a state in the Midwestern United States. With over six million residents, it is the 18th-most populous state of the Union. The largest urban areas are St. Louis, Kansas City, Springfield and Columbia; the capital is Jefferson City. The state is the 21st-most extensive in area. Missouri is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee (via the Mississippi River) to the east, Arkansas to the south and Oklahoma, Kansas and Nebraska to the west. In the South are the Ozarks, a forested highland, providing timber, minerals and recreation. The Missouri River, after which the state is named, flows through the center of the state into the Mississippi River, which makes up Missouri’s eastern border.
Humans have inhabited the land now known as Missouri for at least 12,000 years. The Mississippian culture built cities and mounds, before declining in the 14th century. When European explorers arrived in the 17th century, they encountered the Osage and Missouria nations. The French established Louisiana, a part of New France, founding Ste. Genevieve in 1735 and St. Louis in 1764. After a brief period of Spanish rule, the United States acquired the Louisiana Purchase in 1803. Americans from the Upland South, including enslaved African Americans, rushed into the new Missouri Territory. Missouri was admitted as a slave state as part of the Missouri Compromise. Many from Virginia, Kentucky and Tennessee settled in the Boonslick area of Mid-Missouri. Soon after, heavy German immigration formed the Missouri Rhineland.
Missouri played a central role in the westward expansion of the United States, as memorialized by the Gateway Arch. The Pony Express, Oregon Trail, Santa Fe Trail and California Trail all began in Missouri. As a border state, Missouri’s role in the American Civil War was complex and there were many conflicts within. After the war, both Greater St. Louis and the Kansas City metropolitan area became centers of industrialization and business. Today, the state is divided into 114 counties and the independent city of St. Louis.
Missouri’s culture blends elements from the Midwestern and Southern United States. The musical styles of ragtime, Kansas City jazz and St. Louis blues developed in Missouri. The well-known Kansas City-style barbecue and lesser-known St. Louis-style barbecue, can be found across the state and beyond. Missouri is also a major center of beer brewing; Anheuser-Busch is the largest producer in the world. Missouri wine is produced in the Missouri Rhineland and Ozarks. Missouri’s alcohol laws are among the most permissive in the United States. Outside of the state’s major cities, popular tourist destinations include the Lake of the Ozarks, Table Rock Lake and Branson.
Well-known Missourians include Harry S. Truman, Edwin Hubble, Mark Twain, Walt Disney, Chuck Berry, Sheryl Crow, Brad Pitt and Nelly. Some of the largest companies based in the state include Cerner, Express Scripts, Monsanto, Emerson Electric, Edward Jones, H&R Block, Wells Fargo Advisors and O’Reilly Auto Parts. Universities in Missouri include the University of Missouri and the top ranked Washington University in St. Louis. Missouri has been called the “Mother of the West” and the “Cave State”; however, Missouri’s most famous nickname is the “Show Me State.”
Can someone sue you for a car accident if you have insurance in Missouri ?
If your insurance policy does not cover the amount awarded to the other party you may find yourself in a lawsuit regardless of whether you held car insurance. For this reason many auto accident attorneys advocate the purchase of premium cover and under-insurance ‘gap’ policies.
Do I call my insurance if it’s not my fault?
You must report any damage to your vehicle or personal injuries to yourself or others to your insurance provider immediately. Your insurance company will help file a claim against the other party and start the process of compensation.
Also contact an auto accident attorney in Missouri for a Free Consultation and Claim Evaluation
How long do you have to file an accident report in Missouri ?
You must file an accident report with the Missouri Department of Transport within 10 days of the auto accident. The report should be on form CR-2 available here and can be filed by you, your insurance company or your auto accident attorney in Missouri
Do I need an Auto Accident Attorney in Missouri ?
An Auto Accident Attorney is not required for every case. For example, cases with minor injuries, soft tissue damage or ‘fender benders’ may not require a specialist auto accident attorney in Missouri . In more severe personal injury cases you need an expert specialist attorney to protect your interests, regardless of whether you have one appointed for you by your insurance company.
Average Auto Accident Payout in Missouri
The average car accident compensation settlement in Missouri is $22,887 in 2018, according to the Missouri bureau of Statistics. The average auto accident payout by using an auto accident attorney in Missouri was $44,887.
Hit by a Drunk Driver in Missouri
In the United States 32 people die every day from vehicle accidents that involve a drunk driver. A drunk driver could face criminal charges from the state of Missouri and civil charges from the injured parties.
Convictions for criminal charges can result in fines, jail, rehab and community service. A civil Court case could force the drunk driver to financially compensate victims.
If you’ve been hit by a drunk driver in the State of Missouri check out our list of Auto Accident Attorneys in your area who are experts at DUI auto accidents.
Missouri is a pure negligence state and you are free to lodge a lawsuit against a drunk driver who caused you or a loved one personal injury.
Filing a civil lawsuit in Missouri against a drunk driver will require that you prove them responsible for your injuries. An experienced auto accident attorney in Missouri will need to demonstrate beyond reasonable doubt that:
- The other driver owed you a duty of safe travel as you shared the road.
- The driver breached his or her duty by an act of negligence (e.g. drunk driving).
- The driver’s negligent act caused injury to you in the form of a car accident
- The injuries caused you to suffer specific, quantifiable damages.
Take our online Compensation Checker to find out from an auto accident attorney in Missouri how much compensation you could expect if you’ve been injured by a drunk driver.
What Damages can I claim for after a Missouri Car Accident?
- Medical Costs
- Lost Wages
- Pain & Suffering
- Diminished Earning Capacity
- Non-economic Damages
How do I calculate Pain and Suffering in Missouri
Missouri uses a multiplier to work out the amount of compensation to be paid as a result of pain and suffering. For example, if your case is worth $40,000 in specific damages, but your pain and suffering has a multiplier of five for temporary brain damage, the total amount payable will be $200,000 in non-economic damages.
Will an Auto Accident Attorney in Missouri increase my Pain and Suffering Payout
An experienced auto accident attorney in Missouri will be instrumental in pushing up both specific damages and the pain & suffering multiplier. As can be seen in the example, both elements are key to securing the financial compensation package you deserve.
Average Whiplash Settlement in Missouri
Missouri does not have whiplash settlement guidelines though mild to moderate whiplash claims can result in a compensation payout from $2,500 to $10,000 worth of compensation. For severe whiplash claims in Missouri , expect this figure to rise over the $22,000 level.
Can I Sue Uber or Lyft in Missouri
If you’ve sustained injuries in an Uber, Lyft or other ride-sharing accident you may be entitled to financial compensation from the “at-fault” driver and their insurance company.
If your accident involved an Uber, Lyft or ride share driver who was “on-the-clock” when the accident occurred, you likely won’t make a claim on the driver’s own insurance policy. Instead, the insurance policies of the ride share companies should cover your personal injuries and damages.
Take the following steps if you’ve been involved in an accident with an Uber, Lyft or Ride share Driver either as a passenger or other road user.
- Report your Accident Immediately to Police and Uber. File an insurance claim directly with Uber.
- Seek Medical Attention. Some injuries can take days or weeks to become fully apparent and a proper diagnosis will help to strengthen your compensation case.
- Speak to an auto accident Attorney in Missouri for a free consultation
Where do most Auto Accidents happen in Missouri
According to the Missouri Department of Transport most recorded car incidents requiring the use of an auto accident attorney in Missouri happen in the following places:
(List of all areas in Missouri with more than 40,000 people)
Get an Auto Accident Lawyer in Missouri because the State Legal System is Complex
The Missouri legal system is complex and navigating Missouri personal injury law is not something which can be mastered while focusing on your own rest, recovery and rehabilitation. Using an auto accident Attorney in Missouri should help reduce stress and maximize your financial compensation payout.