What are your legal rights if you get injured in a car accident in Missouri? Find out in this post.
Hurt in a car accident? You’ll have a number of questions about your legal rights. Here’s some of the top ones we get from Missouri drivers:
- What if the Other Driver Doesn’t Have Enough Insurance to Cover Their Damages?
You have two options here. The first is to verify whether the other drive has an umbrella policy. If they don’t your best bet is to file an underinsured motorist claim with your automobile insurance company – provided you have UM/UIM coverage, of course.
If you don’t have UM/UIM coverage your remaining option is to go after any personal assets the at-fault motorist might have. Remember, though, that many people don’t have recoverable assets. After all, most people that have substantial assets have very large insurance policies.
A personal injury lawyer can perform an asset search on the at-fault motorist and help you identify whether you have a legitimate shot at recovering those assets.
- Will I Have to Go to Court?
It depends on the personal injury lawyer you choose. At Mullen & Mullen, 80% – 90% of our cases typically get settled out of court. That usually means less case expenses and you get your money faster so you can take care of those pesky medical bills and keep your finances in good shape.
- Can I Recover Compensation If I Wasn’t Wearing My Seat Belt at the Time of My Accident?
Yes. In Missouri, law follows the idea of “pure comparative fault.” Even if you are 99% at fault for your injuries, you can still recover compensation.
- How Long Do I Have to File my Claim?
In Missouri, you’re lucky because you have a long time to file your claim. Called the “statute of limitations,” you have 5 years from the date of your injury to file your lawsuit.
However, you should act right away for several reasons. First, jurors typically trust injury victims who act more quickly than ones who act slowly. If you delay seeking medical attention the insurance adjuster is likely to argue you weren’t hurt that bad. Second, seeking treatment quickly allows doctors to more clearly link injuries to the wreck. Third, seeking treatment early allows time for your case to be properly developed in the event experts need to be retained following your release from treatment and/or therapy.
- Should I See a Doctor Even If I Don’t Feel Seriously Injured?
Yes, if you feel any pain whatsoever you should get evaluated. A doctor may find injuries that you cannot. Often time even slight pain and discomfort can increase over time and if you delay seeking medical attention the insurance company will try to argue that another event – other than the accident – was the source of that increased pain and discomfort.
Those are some of the most frequently asked questions we get about car accident claims. We offer free consultations with no obligation or pressure tactics to use our services. Just call (314) 465-8733 to get your questions answered today.