Motor Vehicle Accidents & Liability: The Battle against the Insurance Company

insurance claim form and gavelIf you have found yourself involved in a motor vehicle accident and you believe you are not at fault and an insurance company refuses to pay for your injuries, there are several things you should consider…

Consider the Following When Determining Fault:

1) Ensure that you were not driving too closely to the other vehicle. For instance, if you were tailing the other vehicle, and you sustained injury because of this, you may be liable for causing the accident. Under Section 304.017.1 of Missouri’s Motor Vehicle Financial Responsibility Law, drivers must leave sufficient space in order to ensure safe maneuvering on the road.

2) Ensure that you were not using a mobile device when the accident occurred. An insurance company may deny your claim if you were driving while using your phone.

3) Were you driving recklessly? Driving recklessly can include driving above the prescribed speed limit and swerving in and out of driving lanes. If you willfully put other people in danger with your driving, your claim may be denied by an insurance company. While driving recklessly is a difficult offense to prove, it may help your case if you can demonstrate that the other vehicle operator was driving recklessly, and you have witnesses to support your claim.

4) Was the other driver under the influence of alcohol? If you have reasonable suspicion to believe that the other driver was intoxicated or under the influence, but the other driver’s insurance company is denying your claim, you need to consider legal representation. Under Section 577.012, driving with a blood alcohol concentration (BAC) of .08 or higher is an offense.

While there are other considerations to proving that you were not at fault for the car accident, these are some of the reasons an insurance company may deny your claim.

Keep in mind that there is a statute of limitations period for your personal injury claim. If you fail to file a lawsuit against the responsible parties within the requisite timeframe, your case will be time barred by law.

If you feel that an insurance company is not providing you with a fair settlement offer, you should consult with an experienced personal injury lawyer.

A personal injury lawyer will be able to outline your best course of action to assist you in getting the compensation you deserve.

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Ryan R. Cox & Associates, LLC

Ryan R. Cox & Associates, LLC is a litigation law firm that represents individuals and families in serious personal injury and wrongful death claims throughout Missouri. We help people who have been injured in all types of accidents—including car or truck accidents, motorcycle accidents, slip and fall accidents, and much more. Whether your injury is something that can cause long-term issues like a brain injury or spinal cord injury, or it is something you’ll likely make a full recovery from, we are here to help.

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