Not many people know this, but when it comes to auto insurance in various states, there are different ways that car accidents are handled. For instance, in New York, there’s a “no fault” system which makes it so regardless of who is at fault for the accident in most situations, the individuals involved go through their own insurance company for compensation.
In the state of Missouri, however, auto insurance runs on a traditional “fault” system. It’s important for drivers in the state to understand what this means and how they may be affected should they be involved in an accident.
How Does the “Fault” System Work?
Under the “fault” system, the laws concerning auto insurance hold the person responsible for the collision to also be responsible for any harm resulting from the collision, including injuries, lost income, property damage, and more.
When a person suffers these injuries, they may file a claim with their own insurance company, pursue compensation from the negligent driver’s insurance provider, or go through a civil personal injury lawsuit against the driver.
How Do I Know the Other Driver Was At Fault?
In terms of personal injury law, there are a few ways to determine if someone is at fault; however, the law looks at liability proven in a car accident claim. There are four primary factors when it comes to proving liability, including the following:
- The defendant had a duty of care to ensure the plaintiff (and others) on the road were safe
- The defendant performed an act considered negligent and in turn breached that duty of care
- The defendant’s negligent actions were the direct cause of a collision with the plaintiff
- The defendant colliding with the plaintiff was the direct cause of injuries sustained
Proving this requires legal help from a skilled St. Louis car accident lawyer who can help put the evidence together to prove fault. You need to have someone in your corner, putting your best interests first to help you seek the most favorable outcome possible.
At Meyerkord, Meyerkord & Kurth, we have the experience and skill you need to help you pursue the compensation you deserve in the correct manner. We’ll guide you through the process and put together the documentation you need to obtain justice.
Speak with us in a free consultation by calling (800) 391-4318 today.