Missouri is an at-fault state for car accident claims. The party that causes a car accident can be legally responsible for the injuries and damages caused by the collision. Drivers must purchase minimum amounts of liability insurance that can be utilized in the event of a crash.
Generally, most accident claims are settled by the at-fault driver’s insurance company. The accident victim files an insurance claim and negotiates a settlement with the insurance company.
Sometimes, the victim and the insurance company do not reach a settlement. In those cases, the victim may sue the other driver. Reasons for filing a lawsuit include disputes about who caused the accident and the amount of economic and non-economic damages the victim claims.
What To Do if Someone Sues You After a Car Accident in Missouri
If you are sued after a car accident in Missouri, contact your insurance provider immediately. Most insurance policies require you to notify the company promptly after receiving the court papers. Typically, the insurance company hires an attorney to respond to the lawsuit and defend the claim in court.
However, it is also wise to consult an attorney of your choice. You may not need to hire separate counsel, but you should know your rights to protect your best interests.
What Happens During a Car Accident Lawsuit in Missouri?
The person filing the lawsuit is the plaintiff, and you are the defendant. You are served with the papers after they are filed with the court. The summons explains that you have a deadline to respond to the lawsuit. Notify your insurance company immediately so they can respond to the lawsuit.
The lawsuit enters the discovery phase after your attorney files a response (called an Answer) on your behalf. During discovery, the parties exchange information and documentation. You may be required to attend a deposition to answer questions under oath.
The discovery phase could take several months to complete. Afterwards, the lawyers may try to negotiate a settlement. Some lawsuits enter mediation to try to settle the case.
If the case does not settle, the case goes to trial. A jury is selected, and each side presents evidence and testimony. The jurors deliberate to decide whether they believe you caused the accident and, if so, how much you should pay the plaintiff for damages.
Your insurance company is only liable for damages up to your policy limit. If the jury returns a verdict in favor of the plaintiff, you are personally liable for the amount exceeding the insurance policy limits.
How Can I Protect Myself From Liability After a Missouri Car Accident?
You might believe that you caused a car accident. However, being involved in a car accident can be overwhelming. You could be in shock, so now is not the time to make decisions about fault.
Instead, take steps to protect yourself legally by:
Call the Police
Report the car accident by calling 911 immediately. When speaking with the police officers, tell them what happened without admitting fault or making assumptions about fault. Do not apologize or say you are sorry for the accident to the police or anyone at the accident scene.
Gather Evidence
Take photographs and make a video of the accident scene. Ask witnesses for their names and contact information. Your attorney gathers additional evidence, but the evidence you gather immediately after the crash can be useful in proving how the crash occurred.
Do Not Discuss the Accident With Anyone
Avoid talking about the details of the crash with anyone at the accident scene other than a police officer. You should avoid talking about the accident online or through social media. Your statements could be used against you in court.
Seek Medical Treatment for Your Injuries
The stress of the accident could mask injuries. Seeking a doctor as soon as possible is in your best interest. You may have injuries that you are unaware of until a few hours or days after the crash.
You May Not Be Entirely at Fault for Causing Your Car Accident
Sometimes, drivers share liability for causing an accident. In other cases, a third party could share liability for the crash. For example, if a defective tire caused a blowout that led to the accident, the manufacturer could be liable or share liability for damages.
Missouri operates under a pure comparative negligence standard for assigning damages. The idea is that each person involved in the accident is responsible for the damages they cause.
Therefore, contributory fault does not bar you from recovering damages if you are partially to blame for causing the car accident. Instead, the damages are based on your percentage of fault.
If the jury determines you are 60% to blame for causing the car accident, you would only be responsible for 60% of the other party’s damages. The other party would be responsible for 40% of your damages.
Schedule a Free Consultation With a St. Louis Car Accident Lawyer
If you were injured in a crash in Missouri, contact a St. Louis car accident lawyer for a free consultation. The best way to determine if you have a claim is to seek advice from an attorney. The other party could be wrong about who was at fault for the car crash.
