Common Misconceptions about Car Accident Claims
March 7, 2022
A person involved in a car accident may be eligible to seek fair compensation by filing a personal injury claim. However, there are lots of false assumptions and popular myths out there regarding the car accident claims process in Missouri. Without experienced guidance, an individual can easily make costly mistakes or hurt their case unintentionally when pursuing their injury claim. An experienced Missouri personal injury attorney can enlighten you about common misconceptions and myths surrounding the car accident claims process in Missouri.
At Denning Law Firm, LLC, we're dedicated to offering knowledgeable legal guidance and vigorous representation to clients in their car accident cases. As your legal counsel, we can investigate every aspect of your unique situation and explore your legal options to recover damages. Using our extensive experience, our team will fight diligently to protect your legal rights and help you hold those responsible for your injuries accountable. Our firm proudly serves clients across Missouri, Johnson County, Kansas, and Wyandotte County, Kansas.
Common Car Accident Misconceptions
Filing your personal injury claim and negotiating a fair settlement with the insurance provider after getting hurt in a motor vehicle accident can be difficult and daunting. Thankfully, knowing what to expect and being able to differentiate facts from fiction can make it easier to navigate crucial decisions during the claims process. Here are some common misconceptions about car accident claims in Missouri and a brief explanation about why they're not true:
Misconception #1: My own insurance will be responsible for covering medical costs and damages to my car.
This is a common misconception. Missouri is an at-fault auto insurance state. Under Missouri's at-fault system, the at-fault party (the driver responsible for the car accident) will have financial liability for your injuries, property damages, and other accident-related costs suffered by the victims. To recover damages, you must prove negligence by showing the following elements:
Duty – The at-fault party owed you a legal duty of care.
Breach – The at-fault party breached this legal duty of care.
Causation – The at-fault party's negligence or carelessness led to the accident.
Damages/Harm – You suffered actual harm, bodily injuries, or monetary losses from the accident.
Misconception #2: If the accident is minor, it's not necessary to report it.
Every state has its own accident reporting requirements. Under Missouri law, a person involved in a vehicle accident must report to the police if:
The accident caused property damage costing over $500.
Someone was injured or killed in the accident.
In addition, filing an accident report assists in documenting the facts of the accident and potential witnesses to the accident.
Misconception #3: I feel fine, so I don't need to seek medical attention.
Getting immediate medical treatment following a car accident is crucial. Even when you only sustained minimal injuries, or you feel fine after the incident, you still need to seek medical help from a qualified physician for your personal health, for proper documentation, and to prevent possible issues with the insurance company.
For your personal health - After a motor vehicle accident, your overall health and safety remain your major priority.
For proper documentation - Getting medical help is important for proper documentation. Medical expenses, medical reports, doctor's appointments, therapy sessions, and other documents constitute a crucial aspect of your case. If you fail to provide the necessary documentation, the insurance company won't hesitate to deny or undervalue your claim.
To prevent possible issues with the insurance company - Reporting accident injuries immediately is important to comply with insurance requirements. Essentially, the insurance provider may use your decision to delay getting medical treatment as proof that your injuries were exaggerated, you weren't actually injured, or you sustained the injuries from a different event.
Misconception #4: I was partially at fault for the accident, but that won't affect the damages I'm able to recover.
This is not necessarily true. Missouri operates using the "pure comparative negligence" rule. According to the system, accident victims may pursue damages for their injuries regardless of their contribution to the injury or accident. However, the amount of compensation that you may recover will be reduced by your fault percentage. Under Missouri's pure comparative negligence system, you may still be allowed to recover damages even if you were up to 99% at fault for the accident or injury.
Misconception #5: I don't need to hire a lawyer to file a personal injury claim.
When filing a personal injury claim, it is important to hire an experienced attorney. Your personal injury attorney will help file your injury claim, provide required documentation, and handle every phase involved in the injury claims process.
Additionally, your attorney can handle all communications and negotiations with the insurance company, thus improving your prospects of recovering the maximum possible compensation. Make sure you hire a local lawyer who is well-informed on the rules and regulations about your unique situation.
How Denning Law Firm, LLC Can Help
Being involved in a motor vehicle accident can be emotional, and it can affect your mental, financial, and physical health. However, you don't have to face the challenges and financial liability all by yourself. You must hire an experienced personal injury attorney to fight for your best interests and help you pursue the compensation you deserve.
At Denning Law Firm, LLC, our attorneys have the diligence, skill, and resources to support victims of car accidents and their families in their injury claims. Using our in-depth legal understanding of the laws and rules addressing liability in auto accident cases, our trusted team can guide you through the often-complicated claims process. You truly deserve to pursue rightful compensation for your injuries, your pain and suffering, loss of consortium, and other possible damages.
Contact Denning Law Firm, LLC, today to schedule a simple case evaluation with our car accident lawyers. Our team can offer you the experienced legal counsel and compassionate representation you need during this difficult time. We represent car accident victims across Missouri, Johnson County, Kansas, and Wyandotte County, Kansas.