After a car accident, it is common to hear an insurance adjuster suggest that if you were even slightly at fault, you do not have a case. This is often inaccurate. Remember, the insurance company is not really interested in your wellbeing – they are motivated by their bottom line. It is helpful to understand how the law guides these situations so you can better ensure you protect your interests.
Missouri uses something that is known in the legal world as a comparative fault system. It basically means that both parties to the accident can share fault. The percentage of fault reduces recovery, but it does not automatically eliminate it.
What does partial fault mean for your compensation?
Comparative fault is a math problem tied to evidence. A jury or insurer looks at fault as a percentage. Your damages are then reduced by your share.
For example, if your total damages are $100,000 and the jury states you are 25% at fault, your potential recovery becomes $75,000. Even at 60% fault, you may still recover 40% of your damages.
Evidence that typically influences the percentage decision often includes:
- Speeding above the limit
- Following too closely or failing to brake in time
- Distracted driving such as texting or adjusting navigation
- Improper lane changes or failure to yield
Remember, these examples are not automatic deal breakers. They are issues that the other driver will look for to help argue against your claim and could potentially affect percentages. Good advocacy focuses on keeping your share as low as the evidence allows.
Why do adjusters push the “no case” misconception?
Insurance companies are incentivized to reduce payouts. One effective tactic is to frame the claim as hopeless if you made any mistake. Another is to shift fault before collecting all of the evidence. To protect yourself, it helps to know the practical steps that tend to strengthen a Missouri claim from the start.
- Seek medical care promptly and follow treatment recommendations
- Request the crash report and identify witnesses early
- Preserve photos, dash cam video and vehicle damage evidence
- Be cautious with recorded statements and quick settlement offers
These steps are just a few things to help build a claim while limiting fault allegations.
Being partially at fault does not necessarily bar recovery. If an adjuster tells you that you “do not have a case” because you share some blame, the better question is what does the evidence say and how that percentage affects the value of your claim.