No, Missouri follows an at-fault system for car wrecks; Kansas, however, is a no-fault state. The at-fault crash laws in Missouri put responsibility on negligent drivers to pay for the medical costs, property damage, and other consequences their dangerous driving behaviors caused. Missouri’s laws also affect the types and amounts of automobile insurance Missouri drivers must carry.
Our Kansas City motor vehicle accident lawyers know that “accidents” aren’t always accidents. More importantly, negligent parties need to be held accountable.
Let’s explore fault vs. no-fault insurance laws and what to do after a crash in Missouri. If you have been hurt in a crash and need to speak with a lawyer about your legal options, contact our law firm today.
Key Takeaways
- Missouri is an at-fault state. Kansas is a no-fault state. This means in Missouri, the at-fault driver’s insurance is responsible for bodily injury and other damages in a car crash.
- Mandatory minimum liability insurance in Missouri is $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $25,000 for property damage per accident.
- Missouri drivers are required to have uninsured motorist (UM) coverage. They are not required to have underinsured motorist (UIM) coverage or personal injury protection (PIP).
- Missouri also operates under pure comparative fault rules. This means you can still seek compensation in a crash if you were partly or mostly to blame. Your share of liability reduces your compensation, however.
Differences Between Missouri (At-Fault) and Kansas (No-Fault / PIP) Traffic Laws
The differences between Missouri’s at-fault and Kansas’ no-fault laws are significant. They affect the importance of determining fault and the procedures for seeking compensation.
At-Fault State Car Accident Laws in Missouri
After a crash, Missouri’s law puts the burden of paying for damages on the at-fault party’s shoulders. Victims do not have personal injury protection (PIP) to cover their medical costs. Instead, the at-fault party’s liability insurance covers their costs. The victim accesses their insurance if the at-fault driver lacks insurance or if they, the victims, have additional, applicable coverage.
Finding how much blame each party bears for the accident plays a critical role in how much compensation a victim collects. While victims can seek damages even if they bear substantial fault, the same percentage of fault they hold is deducted from the compensation they collect. Since they are also “at-fault,” they have to pay for their share of the resulting damages.
No-Fault Car Accident Laws in Kansas
Kansas is a no-fault state. Regardless of who is to blame for a motor-vehicle accident, injured parties seek coverage for medical costs and income loss through their mandatory PIP. Per Kansas’ threshold law, established in the KSA § 40-3117, victims may be eligible to sue the at-fault party for additional compensation if their medical costs exceed $2,000.
If the injuries meet this severity threshold, victims can only file if they meet the standard set in Kansas’ modified comparative fault system.
Per KSA § 60-258, victims are only eligible if they are 49% or less to blame for the crash. If they are 50% or more at fault, victims cannot pursue compensation. Those meeting the standard can have their compensation reduced in proportion to whatever lower percentage of blame they bear.
Mandatory Minimum Auto Insurance Requirements in Missouri
A state’s negligence system affects how car insurance works. The differences between Missouri’s fault vs. no-fault insurance laws in other states show up in the types of insurance car owners must purchase. The Consumer Guide to Automobile Insurance published by The Missouri Department of Insurance provides extensive guidance on insurance matters.
The Missouri Department of Revenue also provides specific insurance information, stating that Missouri drivers must carry minimum liability insurance (insurance covering others they injure in an accident) of:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage per accident
Uninsured and Underinsured Motorist Insurance
Uninsured motorist (UM) coverage is mandatory for Missouri drivers. They cannot opt out of this coverage when purchasing a policy. UM insurance pays for medical costs if an uninsured driver hits you or you are hurt in a hit-and-run.
Missouri law mandates minimum UM coverage of $25,000/$50,000 for bodily injury per person/per accident.
Underinsured motorist (UIM) coverage is optional, however. Underinsured motorist coverage applies when the driver who hit you has insurance but your damages exceed their coverage.
Is Personal Injury Protection (PIP) Required for Drivers in Missouri?
PIP is not part of Missouri’s auto insurance requirement since Missouri is an at-fault state for crashes.
Since Missouri is an-fault state, drivers can have PIP insurance, but it is not required.
Medical Payments (MedPay) Coverage vs. No-Fault Insurance Explained
Because Missouri is an at-fault state, accident victims can seek compensation through the at-fault driver’s auto insurance. If that driver is uninsured, victims can collect from their own UM coverage. There are also other types of automobile insurance available. One is medical payment coverage, also called MedPay.
About MedPay After a Collision
MedPay covers medical expenses, up to your policy limits. Coverage applies to you or your family members when involved in a crash as a vehicle occupant or pedestrian. Some policies even provide coverage if you are hurt as a passenger in someone else’s vehicle.
MedPay can also go toward funeral costs for covered parties killed in motor-vehicle accidents.
Missouri Fault vs. No-Fault Insurance Law
In comparing Missouri fault vs. no-fault insurance laws in other states, you can see that no-fault states require drivers to carry no-fault automobile insurance rather than MedPay. No-fault insurance is typically called personal injury protection and referred to as PIP.
Those involved in accidents in no-fault states get coverage for their medical expenses, lost wages, costs for household support, and funeral expenses through their own PIP insurance. This holds true no matter who caused the accident.
States have different threshold laws for determining when victims can sue for damages after a car crash. If their medical costs exceed that threshold, victims may be eligible to file.
Missouri Collisions and Shared Liability Laws
Prior to 1983, Missouri operated under a contributory fault system for motor-vehicle accidents. This system was not victim-friendly. If hurt in a crash, victims could only seek damages if they held no fault at all for the incident.
In other words, even bearing 1% of the blame could leave them without the opportunity to secure much-needed damages in Missouri.
Overturning the Strict Contributory Fault System of the Past
The Missouri Supreme Court overturned contributory fault and adopted a system of pure comparative fault in Missouri through the Gustafson Vs. Brenda case.
At-fault state car accident laws in Missouri put accountability on the negligent parties, making Missouri an at-fault state. RSMo § 537 codifies all elements of related laws.
A New System to Deal with Partial Fault in Injury Incidents
Missouri’s at-fault state status applies to car accidents. Those who caused the crash are the ones responsible for paying for the resulting damage.
As a pure comparative fault state, Missouri allows victims to pursue damages even if they bear a significant percentage of fault. Those bearing 99% of the blame can still seek compensation.
Comparative Fault in Missouri: How Liability and Percentage of Blame Work
The pure comparative fault system is more victim-friendly than Missouri’s prior system. Still, if you are hurt in a crash and are partly responsible for causing it, you cannot hold someone else accountable for the damages you caused yourself. The percentage of blame you or other involved parties hold affects how much compensation you can pursue.
An Example of Pure Comparative Fault in a Crash
For example, you may have been rear-ended by another driver. Often, blame falls primarily on the driver who committed the hit in these situations. The driver who hit you may have been following too closely or driving too fast. Perhaps they were distracted. These factors put them at fault.
If you had a broken brake light, limiting the driver’s ability to recognize your speed reduction, that factor could put some blame on you. The other driver might be assigned 60% of the blame and you 40%.
How Percentage of Blame Affects Compensation
The at-fault collision laws in Missouri allow you to seek compensation from the other driver, even with your 40% of blame. However, you can only collect 60% of the determined value of your claim. The other driver has to compensate you for the damage they caused, not for what you caused.
What Is the Difference Between Pure Comparative Fault and Modified Comparative Fault?
Pure comparative fault systems allow victims to seek financial recovery even if they are 99% to blame. Modified comparative systems follow a 50% or 51% rule.
States with 50% rules, such as Kansas, only allow victims 49% or less to blame for the crash to seek recovery. In states with 51% rules, victims must be 50% or less to blame.
How Do Insurance Adjusters Assign Percentage of Fault After a Missouri Accident?
Insurance adjusters conduct their own crash investigations. They collect police reports, talk to witnesses, examine physical evidence, and review camera footage. Adjusters for the other side may interpret evidence to serve their point of view and protect their bottom line.
This is another important reason you need to have your own attorney carry out an incident analysis. We are on your side and can dispute interpretations of the accident that do not align with the facts. That’s one of the many ways we will lead the fight forward for you.
What to Do When the At-Fault Driver Believes You Share Liability
The at-fault driver may believe you own some liability for the crash leading to your injuries and other losses. Their insurance company will likely push the same narrative. If their attempts succeed, they can pay you less in compensation.
Avoid Talking About the Crash or Admitting Fault
At the crash scene, it may be tempting to stick up for yourself and argue why the other driver is to blame. The better course of action is to avoid talking about the accident. Exchange contact details with the other driver, but do not discuss what happened or issues of blame.
These arguments can turn contentious and potentially dangerous, so protect your safety by avoiding them. Also, the other driver can misinterpret or misrepresent what you have said to use your own words against you. The same applies to insurance representatives who call you for a statement or responses to their questions.
Secure Representation from an Attorney ASAP
Instead of talking to the at-fault driver or their representatives, talk to an experienced attorney here at CPY Law. We can handle these conversations for you.
Our skilled Kansas City car wreck attorneys will also conduct a thorough investigation of the crash. We will attempt to find convincing evidence showing the other driver’s negligence and minimizing or negating your culpability altogether.
When to Consult a Personal Injury Lawyer After a Crash in Missouri
You support your car crash claim by consulting with a personal injury lawyer as soon as possible after an accident. Determinations of fault have a major effect on how much compensation you collect. The earlier we can start our investigation, the better our opportunities for finding evidence to strengthen your claim of negligence and weaken the other side’s counterattacks.
Witnesses’ memories fade with time. Physical evidence can get misplaced, sometimes intentionally. Video footage can be erased. If we begin our search promptly, we can avoid losing this valuable information.
We can also offer you immediate protection from insurance representatives who do not have your best interests in mind or from saying or doing things that could damage your claim. Our client testimonials and reviews show our team’s commitment to providing exceptional service and effective representation. We truly want the best for you.
Contact CPY Law About Your Car Wreck Case Today
The car crash attorneys at CPY Law know how Missouri’s at-fault laws apply to your situation. We know how to fight for justice and seek full and fair compensation. If you have questions or have been in a crash, contact our Kansas City law firm today. Consultations are free and no-obligation.
