Missouri is not a no-fault state.
Under the Missouri car insurance claim laws, injury accident victims can recover compensation from the party who caused their damages. You may successfully recover compensation even if you had partial fault for the collision.
Most injury accident victims recover damages through a settlement with the at-fault party’s insurance company. In some cases, however, you may have to file a lawsuit in civil court.
Either way, you could recover damages for your lost income, pain and suffering, medical treatment, and other damages.
If you sustained injuries in a motor vehicle collision, consider seeking assistance from an experienced lawyer. The Missouri car accident attorneys at the Cottrell Law Office fight to protect your legal rights and get the justice you deserve.
Contact us now to explore your options for pursuing legal action.
Missouri: No-Fault State or Tort (At-Fault) State?
Missouri is not a no-fault state with regard to personal vehicle insurance. Our state is, instead, an at-fault or tort state.
Missouri law allows accident victims to file an insurance claim with the other driver’s insurer rather than limiting them to filing a claim with their own insurer—as would be the case in a no-fault state.
It is important to be aware of Missouri’s co-called “no pay, no play” law. Under this law, victims cannot recover non-economic damages from the at-fault party (in most cases), unless the victim had valid liability insurance at the time of the accident.
The exceptions to this law are as follows:
- If the at-fault party was driving while impaired by drugs or alcohol; or
- If the victim’s liability insurer canceled the policy without adequate notice.
The best way to determine how Missouri’s no-fault insurance laws affect your potential claim’s value is to speak with an experienced car accident lawyer.
What Is Missouri No-Fault Insurance?
In Missouri, no-fault insurance is not legally required. No-fault insurance, required only in no-fault states, pays for an accident victim’s medical treatment no matter who caused the collision.
In a no-fault state, injury accident victims cannot pursue a claim through another driver’s insurance unless the victim’s damages exceed the coverage limits.
At that point, the victim can attempt to pursue a claim through the other driver’s policy but must prove their claim.
What If I Also Had Fault for a Missouri Car Accident?
The comparative fault aspect of Missouri’s insurance laws allow injury victims to pursue compensation from the other party’s auto insurance even if the victim shared blame for the collision.
Even if you had partial fault for a collision, you can pursue damages from the other party in proportion to your degree of responsibility.
For example, if you sustained $100,000 in damages but had 25% fault for the accident, your award would be reduced to $75,000.
Contact a Missouri Car Accident Attorney Today
The personal injury attorneys of the Cottrell Law Office understand the complex Missouri car insurance laws. We offer a free case review and consultation to help you explore your options for pursuing a legal claim.
You are not legally required to hire an attorney to handle your case. However, working with our firm can maximize your recovery and help you get the justice you deserve.
Call 855-520-8801 or contact us online to speak to one of our experienced attorneys regarding the Missouri car insurance claim laws.
Wesley Cottrell
Wes Cottrell earned his B.A. from Pittsburg State University in 1981 and his J.D. from the Washburn University School of Law in Topeka, Kansas in 1985. He was admitted to practice law in Kansas in 1986, in Missouri in 1987, in Arkansas in 1989, and Oklahoma in 1993. He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.
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