Missouri is a pure comparative negligence state for personal injury cases, including car accident claims, which are the most common type involving 50/50 insurance claims.
Under a pure comparative negligence state, any party involved is permitted to seek compensation from the other party, even if they contributed more than 50% of the blame for the accident. For example, someone who is 75% responsible for a wreck could still file a claim for compensation with the other driver’s insurance company.
Road traffic accident compensation claims in which each driver is equally responsible for the crash are often hotly contested, as each side has a marked interest in reducing their share of liability and proving that the other driver was primarily responsible for the accident. To avoid paying more in damages to the other party than you should, and improve your chances of full recovery of all your losses, call an Independence, MO personal injury lawyer for advice.
Missouri’s pure negligence laws for car accident claims
Missouri operates under a pure comparative negligence system for car accident insurance claims, meaning that even if the plaintiff contributed part of the blame for the accident, they can still recover compensation from the other driver. Under this system, though, their amount of compensation is reduced by the percentage of blame they contributed.
So, if your total damages were $20,000, and you shoulder half of the blame for the wreck, you’ll receive 50% of the total, or $10,000.
Note that in these cases, each driver is entitled to 50% of their respective damages from the other party. This offset means each driver’s owed amount is calculated after subtracting what they owe the other, based on the percentage of fault
Example of a 50/50 split liability insurance claim for Missouri car accidents
50/50 liability claims are those in which both drivers are equally at fault.
For example, Driver A is speeding through an intersection in which Driver B is attempting a left-hand turn on a blinking green arrow. Driver A has the right of way, but Driver B is permitted to turn if the way is clear. If Driver A had not been speeding, Driver B would have had time and space to safely make the turn. But if Driver B had waited until the arrow was solid green (and their right of way established), then Driver A wouldn’t have hit them. Both drivers are equally responsible.
In these cases, the insurance companies may determine that each driver pays 50% of the other’s damages. However, if one driver has suffered considerable non-economic damages, such as pain and suffering, or has been involved in a 50/50 split liability case or has become disabled, then they may need to pursue their claim in civil court to secure fair non-economic compensation.
How much will I receive in a 50/50 liability personal injury claim?
The amount you receive may be considerably more or less than what you’d pay the other driver. Using our above example, let’s say that Driver A was driving an old Ford Ranger pickup, while Driver B was driving a new Mercedes. The body damage to Driver B’s car will likely be much higher than that of Driver A’s, so while Driver A may receive some money to fix their truck, they (or their insurance company) will pay much more to the other driver.
You can see why it’s so important to have an experienced personal injury lawyer advocate for your interests in a 50/50 liability claim.
Get legal help for a 50/50 split liability claim
If you are involved in a 50/50 split liability accident, recovering fair compensation can be challenging. Insurance companies may attempt to minimize payouts or shift more of the fault to you, which can significantly reduce your recovery. An experienced attorney can help gather evidence, negotiate with insurers, and, if necessary, represent you in court to protect your rights.
If you need help receiving compensation in a split liability agreement claim, call Langdon & Emison today at (866) 931-2115 or contact us online for a free consultation. Our legal team serves clients across Missouri, Kansas, and Illinois.