Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
- Know Missouri’s Comparative Negligence Rule: Missouri follows a modified comparative negligence system. If you are more than 50% at fault, you cannot recover damages (RSMo § 537.765). If you are less at fault, the court reduces your award by your fault percentage. Understanding this rule helps set realistic settlement goals. (RSMo § 537.765)
- Document All Damages and Injuries: Collect medical records, bills, repair estimates, and pay stubs. Keep a pain journal and photographs of injuries and vehicle damage. Detailed documentation strengthens your position.
- Calculate a Fair Settlement Value: Include economic damages (medical expenses, wage loss) and non-economic damages (pain and suffering). Use multiplier methods or per diem calculations and consult published settlement value guides for Missouri car accidents.
- Prepare a Comprehensive Demand Letter: Write a clear, concise letter outlining facts, liability, and damages. Attach key evidence and a settlement figure. Address the insurer’s adjuster by name and include a reasonable response deadline.
- Negotiate Strategically: Start with a justified (but slightly higher) initial offer to allow room for negotiation. Remain calm, firm, and polite. Counter offers promptly and back up figures with documentation.
- Leverage Medical Expertise: If the insurer downplays injury severity, get expert medical opinions or an independent medical examination (IME) to support claims. Use these reports to counter lowball offers.
- Hire a Qualified Attorney When Needed: If early negotiations stall or liability is disputed, consider an experienced personal injury lawyer. They handle complex defenses and can file suit before the five-year statute of limitations expires (RSMo § 516.140). (RSMo § 516.140)
Helpful Hints
- Start collecting evidence immediately to avoid lost information.
- Stay organized: use a folder or digital file for all documents.
- Avoid posting details about your accident or injuries on social media.
- Keep a record of all communications with the insurance company.
- Remain patient; negotiations can take weeks or months.