You do not necessarily need a lawyer for a car accident, but even though it’s not required by law to hire an attorney, having legal counsel on your side can help you safeguard your rights. Your lawyer can also negotiate with insurers and pursue fair compensation on your behalf.
If you were recently injured after being involved in a collision, and you’re unsure if you need a lawyer, it doesn’t hurt to reach out to a Kansas City car accident lawyer. Attorneys can answer questions like “Do I need a lawyer for a car accident?” among other inquiries you may have during a free consultation.
Personal injury lawyers also typically work on a contingency fee basis, meaning you don’t have to pay any upfront fees.
Understanding Missouri’s At-Fault Insurance System
Missouri operates under a traditional at-fault or tort liability system for car accidents. This means that the driver who is determined to be responsible for causing the collision is also financially responsible for the damages.
In practice, their liability insurance covers the injured party’s medical bills, property damage, and other losses up to the policy limits. Unlike in “no-fault” states, Missouri accident victims have the right to pursue compensation directly from potentially liable parties:
- The at-fault driver
- Their insurer
- Through a personal injury lawsuit
This also means that disputes over fault can directly impact how much compensation is available and how quickly it can be recovered.
Missouri’s Pure Comparative Fault Rule
Missouri follows a pure comparative fault standard, which allows an injured party to recover damages even if they were partially at fault for the accident. Under this rule, the amount of compensation is reduced by the claimant’s percentage of fault.
For example, if you were found to be 20% at fault in an accident with $50,000 in damages, you would be entitled to recover $40,000.
While this system allows partially responsible drivers to seek recovery, it also means insurance companies may try to increase your percentage of fault to reduce payouts.
Minimum Auto Insurance Requirements
Missouri law requires all drivers to carry a minimum amount of auto liability coverage:
- $25,000 for bodily injury or death per person
- $50,000 for bodily injury or death per accident
- $25,000 for property damage per accident
Drivers must also carry uninsured motorist coverage with minimum limits of $25,000 per person and $50,000 per accident.
However, these minimums are often not enough to cover severe injuries or multiple victims, which is why coverage disputes and additional legal claims are common after serious accidents.
Contact our Kansas city personal injury lawyers now.
When Fault Is Disputed
A prominent challenge in Missouri car accident cases is the process of determining liability. Even when a police report assigns fault, insurance companies may conduct their own investigations and reach different conclusions.
Disputes can arise from conflicting witness statements, a lack of clear video or photographic evidence, and differing interpretations of traffic laws. In contested liability cases, the following are important factors when proving fault:
- Comprehensive accident reconstruction
- Testimonies from professionals
- Clear documentation
Missouri courts ultimately decide liability when negotiations fail, and comparative fault allocations can significantly affect settlement amounts.
Uninsured and Underinsured Motorists
Despite Missouri’s insurance requirements, some drivers operate vehicles without coverage, while others carry only the legal minimum.
In cases where the at-fault driver’s insurance is insufficient to cover all damages, injured parties may turn to their own uninsured/underinsured motorist coverage.
These claims can be just as contested as liability claims against another driver. Insurers may challenge the extent of damages, the necessity of medical treatment, or whether the coverage applies in a given situation.
Statute of Limitations in Missouri
Under Missouri law, many personal injury claims—including car accident lawsuits—must be filed within five years from the date of the accident.
Property damage claims have a separate five-year limit. However, wrongful death claims arising from car accidents must be filed within three years. Missing these deadlines typically results in the loss of the right to pursue compensation, regardless of the merits of your case.
Contact Our Car Accident Law Firm in Kansas City ASAP to Better Understand if You Need a Lawyer for a Car Accident
If you’re curious as to whether or not you need a lawyer after getting into a collision, you might be weighing the pros and cons of both options. At Foster Wallace Personal Injury Lawyers, we recognize the important role that Kansas City car accident lawyers play in cases like yours.
You can always call our Kansas City car accident law firm to schedule a consultation with our attorneys and take our legal advice into consideration. With over 45 years of experience, we’ve recovered more than $1 billion in compensation, and we can fight for justice on your behalf, too.
When you need a lawyer for a car accident, schedule a free consultation with us.
