Although a handful of U.S. states have no-fault insurance systems, in Missouri, it matters who caused the accident. Under Missouri Chapter 537.765, the law states the following:
“Any fault chargeable to the plaintiff shall diminish proportionately the amount awarded as compensatory damages but shall not bar recovery.”
If you did not cause or contribute to the accident and it occurred through no fault of your own, not only will you recover the full compensation available to you for your damages in a car accident claim, but the law also prohibits the insurance company from increasing your premiums.
At Fault Vs. Not at Fault In Missouri Car Accident Claims
After an accident, the insurance companies involved investigate the cause to determine what happened and which driver is at fault. Under the pure comparative negligence system, an insurer assigns a percentage of fault to each driver. In some cases, both drivers share fault. For example, if a driver causes a rear-end collision because they were tailgating, but the other driver braked suddenly to avoid hitting a squirrel, the insurance companies could decide that the tailgating driver was 75% at fault, but the driver who braked for the squirrel was 25% at fault. In this case, under the pure comparative negligence system, the driver who was 25% at fault for abruptly braking could still recover 75% of the value of their claim, while the tailgating driver could only recover 25% of the value of their claim. Each driver makes a claim against the other’s insurer.
What If One Driver Has No Fault for an Accident at all?
In the above example, each driver would likely see an increase in their insurance premiums. But what if the front driver did not brake for a squirrel, but instead, came to a responsible stop at a stop sign, and the tailgating driver caused a rear-end collision? In this example, the front driver is 0% at fault and can recover 100% of the value of their claim. It’s unlikely that their insurance company would increase their premiums, since they had no fault in the accident and their insurer did not have to pay any compensation to the other driver.
What If the Other Driver’s Insurance Assigns Me Undue Fault?
Insurance companies have a strong financial incentive to assign a percentage of fault to the driver who isn’t their policyholder to reduce the payout on the claim. For this reason, it benefits your case to have an experienced Missouri car accident lawyer on your side to conduct an independent investigation and send compelling evidence of the other driver’s full liability.
Missouri law under 20 CSR 500-2.600(3) prevents insurance companies from raising the rates of a car accident victim if the victim was 0% at fault for the accident, but if the other driver’s insurer incorrectly assigns you a percentage of fault, your insurance premiums will increase. Having an experienced St. Louis injury attorney on your side protects you against unfair outcomes in an accident by safeguarding your best interests throughout the car accident claim process.