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Missouri Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents, Wrongful Death, Personal Injury and Criminal Law for Missouri on
Q: She ran a red light and a motorcycle hit side of her car and died. Her fault, what charges should she face?

He was on a motorcycle goin estimate 15 mph over speed limit. Woman ran red light and he hit the side of her car and it killed him. She has 5 previous dwi's, 3+ driving on suspended/revoked and was driving on suspended/revoked when she killed him. I don't think she had insurance.... View More

Melissa  Webb
Melissa Webb
answered on Nov 13, 2023

The criminal charges, if any, will be at the discretion of the Prosecuting Attorney. It takes time for them to file the charges because they have to gather evidence and determine the appropriate charge(s) to ensure conviction. The family will likely be contacted to provide a victim impact statement... View More

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1 Answer | Asked in Car Accidents for Missouri on
Q: I was in a wreck but uninjured they had my vehicle for 30 days. Should I receive compensation for that?
Tim Akpinar
Tim Akpinar
answered on Feb 5, 2023

A Missouri attorney could advise best, but your question remains open for four weeks. Depending on liability and insurance coverage, one of the carriers could pay storage and possibly vehicle rental for a reasonable time period, but usually not in the range of 30 days. Carriers generally pay until... View More

1 Answer | Asked in Car Accidents, Small Claims and Gov & Administrative Law for Missouri on
Q: How do i get insurance information. From a business vehicle when they will not give me information no police report

I was the victim of a hit and run. Witnesses saw truck hit my car and not leave a note it was a company vehicle I contacted the company of the driver that hit my vehicle and they will not give me their insurance information without seeing it on video. I do not have video. It took me a couple days... View More

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2023

A Missouri attorney could advise best, but your question remains open for a week. As a general matter nationwide, insurance information could be requested in the course of the discovery, or fact-finding, process of a lawsuit. A local attorney should advise here, since different tiers of state... View More

1 Answer | Asked in Car Accidents for Missouri on
Q: Can an insurance company demand license number of a driver in an accident if the claim is no longer needed?

I was driving my wife's car when I got rear-ended by a semi truck. We just got married so we have separate policies still. She opened a claim with her insurance just in case. We also opened a claim with the semi truck's insurance. Their insurance company is cooperating so we prefer to... View More

Tim Akpinar
Tim Akpinar
answered on Dec 10, 2022

A Missouri attorney could advise best, but your question remains open for two weeks. Until you're able to discuss your options of cooperating or disputing their request with a local attorney in your state, nationwide it is not uncommon for license information to be looked at. It isn't bad... View More

1 Answer | Asked in Car Accidents for Missouri on
Q: I was in a car accident in 2016 .I was rear ended..my car was totalled..I had shoulder surgery..I was off work for 3 mon

my lawyer never presented an offer just told me the settlement amount..gave me a check for 40 thousand dollars..case was settled within a year. Is this normal practice

Joel Gary Selik
Joel Gary Selik
answered on Jan 18, 2024

No it is not normal practice. The attorney should advise you of all offers made and received. The attorney must receive your consent to accept a settlement.

1 Answer | Asked in Car Accidents for Missouri on
Q: my mother was hit and killed by a racing vehicle. Im her only child. Can i file a civil suit?
Joel Gary Selik
Joel Gary Selik
answered on Oct 11, 2023

Yes you may have a lawsuit depending on the facts of the crash. Consult with experienced attorneys.

1 Answer | Asked in Car Accidents for Missouri on
Q: My son was driving my car I had no insurance he rearendedcar trying to prevent hitting the car who stopped abruptly due

To 2 cars in front of him stopping . Abstracted view for all cars. Cops came out no tickets were given to anyone. Cop said everyone responsible for their own damages. Now the guy my son is suing my son . Can he do this ?

Joel Gary Selik
Joel Gary Selik
answered on Sep 5, 2023

Yes. It will be up to your son to defend the case to show it was not your son's fault.

1 Answer | Asked in Car Accidents and Personal Injury for Missouri on
Q: i was involved in a accident last year in July i was uninsured. are there any lawyers who would take my case i

i had insurnsces on my truck just not my car

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2023

I'm sorry about your accident. A Missouri attorney could advise best, but your question remains open for a week, and if you have been served with papers, you'll need to respond promptly. It's going to be difficult for attorneys to offer their services to you - this site isn't... View More

1 Answer | Asked in Personal Injury, Car Accidents, Civil Litigation and Insurance Bad Faith for Missouri on
Q: Are attorney's fees recoverable in a property damage suit against vehicle insurance company/their insured?

After a car accident, I file a 3rd party claim against the at fault driver (insurance company agrees their insured is at fault). My vehicle is deemed a total loss and is grossly undervalued. The insurance company refuses to alter their offer and doesn't seem to understand the rarity of my... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 7, 2023

Missouri follows the "American Rule" regarding attorney's fees. In a lawsuit for negligence, you aren't entitled to attorney's fees.

2 Answers | Asked in Car Accidents and Personal Injury for Missouri on
Q: I was hit by a semi; & receiving pain management & treatments. Insurance wants to settle. What is the value of my injury

I am facing surgery. insurance wants to settle. What is a back and neck injury worth?

Michael S. Foster
PREMIUM
Michael S. Foster
answered on Apr 25, 2023

Unfortunately, this is impossible to answer without reviewing your medical records and bills, the police report, etc. You may also have future medical issues that need to be addressed for which you should be compensated for. Again, every case is different and depends on a lot of different factors.

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1 Answer | Asked in Car Accidents and Personal Injury for Missouri on
Q: Is there a minimum height for an unmarked overpass for the railroad in the city of Chicago

I had an unmarked overpass for the railroad and my semi truck and trailer that is 13 ft 6 in but they were no posting of the high anywhere prior to going under the bridge

Tim Akpinar
Tim Akpinar
answered on Apr 24, 2023

A Illinois attorney could advise best, but your question remains open for two weeks. This could be something that civil engineers and city planners are more familiar with than attorneys. One option is to contact the Chicago Department of Transportation (CDOT) for information. Good luck

1 Answer | Asked in Car Accidents and Real Estate Law for Missouri on
Q: How does it work if you are threatened to be sued by a HOA ?

There is no actually proof that the HOA in question is real. In fact just a bunch of peple who put a gate on a county road? However only one individual has reached out and he is the only one filing and not even the owner of the property that is in question?

Tim Akpinar
Tim Akpinar
answered on Oct 24, 2022

A Missouri attorney could advise best, but your question remains open for three weeks. Their rights could depend on what the suit is for - accident, property damage, etc. If you believe you could be sued for a legitimate claim, you could try to arrange a brief consult with a local attorney to... View More

1 Answer | Asked in Car Accidents and Municipal Law for Missouri on
Q: Is there a distance requirement the state must maintain? As in a minimum distance for brush and tree limbs from the side

Brush blocks the view of a driveway in a 55 mph zone

Tim Akpinar
Tim Akpinar
answered on Sep 11, 2022

A Missouri attorney could advise best, but your question remains open for three weeks. You'd probably get the most reliable guidance from an attorney or lawmaker familiar with the specific region. The requirements you describe are often governed by local ordinances, in addition to any state... View More

1 Answer | Asked in Car Accidents for Missouri on
Q: Car hit when backing up in private parking lot. Have witness to excessive speed of the other vehicle. Who is at fault?

Parking lot speed limit was 10mph. Witness who saw it concluded confidently that other person was going much faster than 10mph. Who will insurance find at fault?

Tim Akpinar
Tim Akpinar
answered on May 31, 2022

A Missouri attorney could advise best, but your post remains open for two weeks. As a general matter nationwide, a vehicle entering the existing main flow of traffic is obligated to yield. If there is video surveillance, that would naturally carry more weight than the observation of a non-expert... View More

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Missouri on
Q: I’m not at fault for a minor accident. My insurance paid me in less than 24 hrs. Now at fault insurance wants to pay too

Should I accept money from both insurance companies? My agent has already assured me that my premium will not go up since other insurance company accepted full liability

Tim Akpinar
Tim Akpinar
answered on Mar 1, 2022

A Missouri attorney could advise best, but your question remains open for two weeks. Your carrier acted very fast. In general nationwide, claimants do not usually get paid twice for the same claim - one insurance carrier or the other pays. It sounds like the two carriers are not aware of each... View More

1 Answer | Asked in Car Accidents, Federal Crimes, Personal Injury and Wrongful Death for Missouri on
Q: What can be done to help a mother find some justice for the death of her son?

Last april a man driving without a license, without insurance, in an truck he’d had for nearly a month without registering it properly turned left into oncoming traffic. He struck and killed a man and seriously injured a woman on a motorcycle. Even with prior charges in another state for driving... View More

Cameron Tousi
Cameron Tousi
answered on Feb 15, 2022

I'm so very sorry for your loss. In rare circumstances, it is possible to seek damages from the state itself (e.g., police and others acting as its agents). This is called the public duty doctrine, and its application depends on the particular statutes/court cases of a particular state. Under... View More

1 Answer | Asked in Car Accidents for Missouri on
Q: Who is liable When a vehicle passes another vehicle to avoid an accident and the other car hits the passing vehicle?

A vehicle pulled out of a bar parking lot on the highway in front of another vehicle traveling 55 mph. After suddenly slamming on the brakes was not efficient enough to completely stop, The driver decided To pass the vehicle to avoid an accident. While successfully crossing the dotted line that... View More

Tim Akpinar
Tim Akpinar
answered on Jan 8, 2022

A Missouri attorney could advise best, but your question remains open for two weeks. Most attorneys would want to see available evidence before offering an opinion - police reports, video, eyewitness testimony, skid marks, points of impact on vehicles, etc. However, as a general rule applied in... View More

1 Answer | Asked in Personal Injury and Car Accidents for Missouri on
Q: I'm I was a very bad car wreck I. Is 25k all I can sue for its the max on my ex girlfriends insurance.
Michael S. Foster
PREMIUM
Michael S. Foster
answered on Oct 30, 2021

You can always sue for more but you may not collect on it. If you don't have any underinsured motorist coverage under your policy and the driver who is responsible for your injuries only has $25,000 of insurance, there's a good chance (there are a few exceptions to this in the event the... View More

1 Answer | Asked in Car Accidents for Missouri on
Q: How do I get damage compensation from at fault auto insurance company after car is not in my possession anymore?

Had an accident 2 years ago in which the other party was at fault. Their insurance company refused to pay but now will. I don't have possession of the car as it's long after but I do have estimates and pictures.

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2021

A Missouri attorney could advise best, but your question remains open for a week. As a general matter, they don't really care if you still have the car or not. It's likely that their property damage adjuster inspected the vehicle at the collision shop around the time of the accident. If... View More

1 Answer | Asked in Car Accidents and Real Estate Law for Missouri on
Q: the neighbors tree is encroaching into our parking area. It’s a huge sycamore tree. Are they liable if it falls on car?

the sycamore is huge. We have only been in the condo for two years. They were going to cut it but decided to have us pay for it.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 18, 2021

They are liable if the tree falls, you sue, and you prove negligence. For example, is the tree dying or is it just large?

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