How to File an Insurance Claim After a St. Louis Car Accident
By Christopher Hoffmann
May. 21, 2021 9:08a
While auto insurance laws in the U.S. vary from one state to another, they can generally be divided into two primary categories: “At-Fault” or “No-Fault” — also referred to as personal injury protection (P.I.P.)auto insurance. What are the differences between no-fault and at-fault auto insurance? And which category does Missouri belong to?
Understanding the Basics of At-Fault, No-Fault Auto Insurance
Under the At-Fault plan, the party whose actions lead to the car wreck is held liable for all the damages caused. This typically includes medical expenses, loss of property, emotional distress,
lost wages and benefits, permanent injury or disability, etc.
In a No-Fault jurisdiction, none of the parties involved in the auto wreck is responsible for any of the damages incurred. The parties are required to file an injury claim with their insurer. Accident victims in no-fault states can only sue the at-fault party if the seriousness and expenses of their damages reach or exceed specific verbal or monetary thresholds.
There are 38 at-fault states and only 12 “true”no-fault states, as of this writing.
Which Category Does Missouri Belong To?
Missouri is one of the at-fault states in the country. As explained above, car accident victims in an at-fault jurisdiction are typically reimbursed by the negligent party. However, it’s important to note that at-fault laws and requirements vary greatly from state to state. This means Missouri has its unique at-fault laws and regulations governing how accident victims should pursue their claims, how evidence is collected and preserved, how fault is determined, and what “at-fault” even means.
These laws and requirements can seem confusing and hard to understand, which is why it is highly recommended that you discuss the specifics of your claim with an experienced St. Louis personal injury attorney. Aside from helping you navigate Missouri’s auto insurance processes and laws, a lawyer can also help you gather strong evidence to prove your case.
How to File an Auto Insurance Claim in Missouri - State Requirements and Limitations
UnderMissouri Revised Statutes, auto crash victims generally have a time limit of up to 5 years from the date of the car wreck to file and submit a claim or lawsuit against the negligent party. There are three different methods a Missourian can use to pursue a car insurance claim.
• You can file the claim with the at-fault party’s insurance carrier.
• You can file a lawsuit against the at-fault party in a civil court. This method is most appropriate if the fault party cover limit isn’t enough to cater to all the losses you’ve experienced.
• You may also file a claim with your insurer. (Note: Your insurer can only pay you if the losses are covered under your policy.)
If you or someone you love was hurt in a car wreck, and you believe the accident happened due to negligence, contact The Hoffmann Law Firm, L.L.C right away for a FREE case evaluation. Call us 24/7 at (314) 361-4242.