The biggest question on everyone’s mind after a traffic accident is who will pay for the damages? In order for a driver to be held responsible for the accident, it is essential for a person to prove that they were at fault. The more a driver is at fault for the accident, the less their insurance company will pay to cover their damages. Any driver who finds themselves in an accident should contact an accident lawyer in Clayton, Missouri as soon as possible to help them prove the fault of the other driver.
Many drivers who find themselves in an accident make the mistake of contacting their insurance company themselves immediately following the collision. This is a mistake because it is in an insurance companies’ best interest to give as little compensation as possible to the client and this is usually what they do. If a person wants to ensure they get the highest claim which they can for their particular accident case, they should make sure to get a legal representative to communicate with the company on their behalf.
If an insurance company fails to offer a fair amount and they try to force a person into signing for a lesser offer a lawyer can litigate matters and take them to court for acting in bad faith and for breaking their original contract with the insured individual.
How will fault be determined?
Missouri runs on a pure comparative fault system. This means that if a person gets into an accident they will have to pay for only that percentage of which they were at fault. The percentage of fault of the other driver is how much compensation they can get for themselves. For instance, if a person got into an accident which resulted in $50,000 of damages and they were only 60% at fault, they can recover $20,000 from the other driver who was 40% ay fault for the collision.
Even if a person was 99% at fault, they can still get compensated for that 1% which wasn’t their actual fault. A legal representative can help a person prove fault, collect facts, gather evidence, and file the insurance claim. A legal professional can also help a person take legal action by litigating against a party. A driver can sue the other driver, car manufacturer, the insurance company, or other relevant third parties depending on the specific details of their case.
Sometimes, if the insurance damages are not enough to cover all of a person’s losses it becomes necessary to file a lawsuit against the other driver or against the other guilty party in order for a person to receive all of the financial coverage which they require. Naturally, the less at fault a person is, the more they will be able to receive as compensation. However, even if a person was more at fault for the accident, they can still get compensated for a certain percentage. Having an attorney on their side will help ensure that they get all the help they need during the legal process.