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Can you claim damages if you share fault for an accident?

On Behalf of | Jan 15, 2025 | Car Accidents

Suppose you’re in an accident, and the blame isn’t entirely on the other person. Maybe you didn’t stop fast enough or were slightly over the speed limit. Does it mean you can’t seek compensation for the harm and losses you suffered? The short answer is no.

Missouri law allows you to claim damages no matter how much blame you share for a crash. As such, you may still be entitled to compensation even if you’re 99% responsible. However, the amount you receive will be reduced by your percentage of fault.

For example, imagine your total damages from a crash amount to $20,000. If you’re found to be 40% at fault, your compensation will be reduced accordingly, leaving you with $12,000. It might be less than the full amount, but it’s something to help cover your losses, such as medical bills or car repairs.

Don’t shoulder more blame than necessary

Insurance companies will likely argue to increase your fault percentage for the crash or inflate your responsibility to minimize their payout. Don’t let this happen, as you may end up with less than you deserve.

Gathering evidence like photos of the scene, damage to the vehicles and any road conditions that might have contributed to the crash can help your position. Witness statements and police reports can also play a crucial role in clarifying what happened.

Stay cautious when discussing the accident with the other party, their insurer or even on social media. Any casual admission could be used against you and negatively affect your claim. Remember, you have the right to challenge an unfair determination of fault. Seeking legal assistance to understand your rights, build a strong case and protect your interests can go a long way in securing a fair outcome.