When it comes to determining who pays after a car accident, not all states play by the same rules. Generally, car accident laws fall into one of two categories: fault states, where the driver responsible for causing the accident pays for everyone’s damages, and no-fault states, where each driver files a claim with their own insurance company regardless of who caused the crash. Like the majority of states, Missouri is an at-fault state for car accidents, and this system affects everything from the damages you can recover to the facts you need to prove in order to secure compensation through a Kansas City car accident claim.
How Missouri’s At-Fault Insurance System Works
In Missouri’s at-fault system, the driver who causes an accident is financially responsible for the resulting damages. This responsibility is typically covered through liability insurance, which Missouri law requires all drivers to carry. If you cause a crash, your liability coverage pays for the other party’s injuries, property damage, and other losses you cause in an accident—up to your policy’s coverage limits.
Missouri requires minimum liability coverage of:
- $25,000 per person for injuries or deaths
- $50,000 total per accident for all injuries or deaths
- $25,000 per accident for property damage
If you are responsible for a serious accident, damages can easily exceed these minimums. When that happens, the injured party can sue you personally for the difference. This is why many drivers choose to carry higher coverage limits; the added premium cost is often worth the additional financial protection.
Proving Negligence in Missouri Car Accident Cases
To recover compensation after a Missouri car accident, you must prove that the other driver was negligent. Negligence is the legal foundation of most personal injury claims, and establishing it requires meeting specific criteria. You will need to demonstrate four key elements:
- Duty of care: The other driver owed you a legal duty to operate their vehicle safely and follow traffic laws.
- Breach of duty: The driver violated that duty through careless or reckless behavior, such as speeding, running a red light, or texting while driving.
- Causation: The driver’s breach of duty directly caused the accident and your injuries.
- Damages: You suffered losses in the accident, such as medical expenses, property damage, lost income, or pain and suffering.
Pure Comparative Fault Rules in Missouri
Missouri follows a pure comparative fault system, which means you can recover damages even if you share some blame for the accident. However, your compensation will be reduced by your percentage of fault.
For example, if you are awarded $100,000 in damages but found 20% at fault for the crash, you would receive $80,000. Even if you are 99% responsible, you can still recover that remaining 1%. This system allows for fair compensation based on each party’s actual contribution to the accident, but it also means insurance companies will scrutinize your actions to assign you as much fault as possible.
Protect Your Rights with Dollar, Burns, Becker, and Hershewe
Missouri’s at-fault system means the driver who caused your crash bears financial responsibility for your injuries—but that also means their insurance company will fight to minimize their liability. At Dollar, Burns, Becker, and Hershewe, we build cases that clearly establish the other driver’s negligence while protecting you from unfair allegations of liability. Contact us at (816) 876-2600 to discuss how we can prove fault and secure your full recovery.