Car accidents are common in Missouri, with many resulting in serious injuries and deaths.
A car crash can leave you with serious health complications and ruin your finances as you face high medical bills and missed paychecks. If you are hurt in an auto accident, you may qualify for financial compensation.
Most car accident claims are settled out of court through agreements with the at-fault driver’s insurance company. Where a deal cannot be reached through negotiations, the court may be called to decide the case.
No matter the route it takes, all car accident settlements involve determining fault. Before the insurance company can pay you, they will want to know who caused the crash.
At-Fault Driver Pays for Accident Damages
Sometimes, it’s clear who is responsible for an accident. Other times, the party at fault isn’t clear, and drivers blame each other.
In some cases, drivers share fault. This is where things can become complicated.
Since Missouri follows comparative negligence laws, you can pursue compensation even if you are partly to blame. The greater your contribution to the accident, the less money you will receive.
This means your damages are reduced by the percentage of your fault. If your damages amount to $100,000 and you are found to be 20% responsible for the crash, your payout would be reduced by the percentage of your fault. As a result, you would receive $80,000.
When compensation depends on the degree of fault, you will appreciate having an experienced car accident lawyer on your side. Your lawyer will bring compelling evidence to convince the insurance company or court that the other driver was at fault to maximize your payout.
Apart from the at-fault driver, other parties may also be liable for the crash. These could be the company the driver works for or the automaker. For example, if a car had manufacturing defects that contributed to the accident, the manufacturer can be held accountable.
A skilled lawyer will help you identify and pursue all responsible parties for additional compensation.
5 Things You Should Avoid Doing After a Car Accident
Your actions immediately after a car accident can make or break your compensation claim. In comparative negligence states like Missouri, a simple mistake can cost you heavily when pursuing compensation.
To increase your chances of obtaining fair compensation, you should avoid the following:
- Admitting Fault
How much you get paid after a car accident depends on your level of fault. It’s a big mistake to admit fault in a car crash without having all the facts. You might think you made the wrong move and ended up in the crash. But who knows if the other driver was drunk, distracted, or speeding?
Never admit fault in a car crash before you consult a lawyer. Similarly, don’t sign any papers without your lawyer present. Doing so in a pure comparative negligence state like Missouri can be akin to shooting yourself in the foot.
- Driving Away Without Documenting the Scene
Once you attend to immediate safety concerns, take time to document the accident scene. Take photos and videos showing details like skid marks, vehicle positions, vehicle damage, and road conditions. It’s also a good idea to capture any visible injuries and the other driver’s license plate. These details can help prove who is more responsible for the crash.
- Delaying Seeing a Doctor
See a doctor immediately after a car accident, even if you feel fine. If the crash leaves you with apparent injuries, it’s best to go straight to the emergency room.
Otherwise, see a doctor and request a thorough medical assessment. Being in a car crash can cause an adrenaline spike in your system. As a result, you may not experience some injury symptoms until later.
Immediate medical attention can identify hidden injuries that can cause serious complications later if left untreated.
Also, depending on the insurance companies involved, you may be denied compensation if you wait too long before seeking medical treatment.
- Failing to Get the Other Driver’s Information
Obtain the other driver’s information before they leave the scene. This should include their name, contact, address, driver’s license number, and auto insurance details.
Also, you should collect the contact information of witnesses and get their statements before they forget the details. Witness accounts can corroborate your version of events in proving the other driver’s fault.
- Forgetting to Report the Crash to the Police
Immediately contact the police to report the crash. If possible, wait until the officers arrive on the scene and process it before you leave. The police will write a report of the accident, which can serve as evidence in your claim.
Be sure to obtain the police report, which usually contains a detailed description of the accident scene, the other driver’s statements, and apparent injuries. Moreover, the report can obtain the police officer’s opinion about what caused the crash and whether the other driver got a ticket for a traffic violation.
What Compensation Can You Get After a Car Accident?
Depending on the degree of injury and type of losses sustained in a car crash, compensation can cover various items:
- Medical Expenses
You can pursue compensation for your medical bills, including hospital stays, medication, and physical therapy. You may also be reimbursed for the cost of modifying your car to accommodate your disability.
- Lost Wages
If the accident injuries caused you to miss work, you can seek compensation for lost wages. You may also be compensated for decreased future earnings if you won’t be able to work as before due to your injury.
- Property Damage
You can seek compensation for your car repair costs. Additionally, you may be reimbursed for renting a car while yours is in the repair shop.
- Pain and Suffering
Accident injuries can cause you significant physical pain and mental anguish. You can be compensated for the physical discomfort and distress caused by the crash.
- Wrongful Death
For fatal accidents, family members of the deceased can seek wrongful death compensation. This can cover funeral expenses, loss of financial support, and loss of companionship.
Never Walk Alone When Pursuing Car Crash Compensation
With comparative negligence laws, a simple oversight in determining fault or calculating damages can reduce your payout. Your best hope for fair compensation is working with an experienced car accident lawyer.
Time is of the essence when it comes to pursuing car accident compensation. You must act within the statutes of limitations, or you might never get paid.
Having a good car accident lawyer on your side can ensure fair and timely compensation.
