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Who is responsible for my damages following a car accident?

If you have been injured in a car accident due to the negligence of another person, you may be wondering who is responsible for ensuring that your car is paid for, your medical bills are paid for, your lost wages are covered, and that you are compensated for your pain and suffering.  As we all know, these expenses can accumulate quickly and cause significant stress on top of an already stressful situation.

In short, the answer is the at-fault party himself/herself is the party responsible for covering your damages.  Regardless of whether the at-fault party has liability insurance or not, Missouri law provides that they individually are responsible for all damages they caused and/or contributed to cause.  The at-fault party may then have liability insurance which is required to pay any settlement or judgment entered against the at-fault party up to the policy limits of such insurance.

While the at-fault party is responsible for paying your damages, issues arise when the at-fault party either lacks resources/assets to pay for the extent of your damages or lacks sufficient liability insurance to cover your damages.  In Missouri, motorists are required to carry a minimum of $25,000 in bodily injury liability insurance coverage per person and $50,000 of liability insurance per accident.  Unfortunately, many Missouri motorists fail to abide by the law and choose to drive on public roadways without any insurance.   Many other Missouri motorists simply carry the bare minimum limits of liability coverage limits which often comes nowhere close to fully compensating an injured party for his/her damages.

In those situations where you have been injured due to a car crash caused by another person, it’s important that you contact an attorney as soon as possible so that they can ensure your damages are fully paid for.  An attorney can run an asset check on the at-fault party, can explore other routes of recovery, including whether any other party/entity is also responsible for the crash, pursue an Uninsured/Underinsured Motorist Claim, and make a Tort Victims Compensation Fund claim with the State of Missouri, among other avenues.

At The A.W. Smith Law Firm, our attorneys will ensure that you receive the maximum settlement or judgment you are entitled to, accounting for all possible routes of recovery.  If you or a loved one have been injured as a result of someone else’s negligence, please reach out to The A.W. Smith Law Firm for a free, no-obligation case evaluation.