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Missouri Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents for Missouri on
Q: I struck a pedestrian with my vehicle and he has passed away. Can I be charged?

He ran out in front of my vehicle. He was not in a crosswalk. I later found out that he had been drinking

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 14, 2019

You can indeed. It sounds like you have some defenses.

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1 Answer | Asked in Car Accidents and Insurance Defense for Missouri on
Q: Do I have to pay taxes on a new vehicle that was totaled before I can file an insurance claim?

I was in an accident that was the other party's fault and my was totaled. The accident occurred two weeks after I purchased the vehicle. I had a loan out on the vehicle and I didn't have the title yet. I was told by the other party's insurance that they did not need my assistance and... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 11, 2019

in most states the taxes are part of the property damage settlement. If they are at fault and car is totaled, chances are it was a big hit and you were hurt. The other side isn't caring for you. Contact a member of the Mo. Assn for Justice for the county where it happened. They give free consults.

2 Answers | Asked in Car Accidents and Wrongful Death for Missouri on
Q: If a vehicle title holder is not the insured driver of the vehicle, can they be held liable for any damages as well?

The individual that is at fault for an accident did not have enough insurance (underinsured). This person is not listed as the owner of the vehicle, his wife is, and she is not included on the insurance policy. Can she be sued as the owner? Also, the driver was driving on a suspended license, which... View More

Michael S. Foster
PREMIUM
Michael S. Foster
answered on Jun 19, 2019

We would need to know more facts in order to potentially bring a negligent entrustment case as well. Do you have underinsurance?

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1 Answer | Asked in Business Formation, Car Accidents, Civil Litigation and Libel & Slander for Missouri on
Q: My car was stolen march 29th took on a high speed chase and they crashed my car I was contacted buy highway patrol I ask

The officer I was on my way cop told steves towing I was on my way get the car officer said the tow truck driver rushed get my car on the truck to where I had pay 600 for them to drop it and they was told don't load my car up my insurance doesn't use steves towing now steve that owns the... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 26, 2019

Tell the local cops what highway patrol said or ask highway patrol to straighten him out. Towing is a racket and they are allowed to charge huge amounts for nothing.

1 Answer | Asked in Car Accidents for Missouri on
Q: What could be the penalty for filing a false report to police regarding car accident?

I saw an accident involving my son and another driver. Although they were within 6 ft of each other and I look nothing like my son, to prevent my son from serious consequences I told the other driver I was behind the wheel. To top that I told the other driver after giving my information that he... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 19, 2019

Well,you have a defense to the claim and I would strongly urge you to contact an attorney who can hopefully work it so your son has coverage, you do the right thing and reset the bad example you set your kid. Unlikely you will be charged but hopefully the attorney can make sure you aren't or... View More

1 Answer | Asked in Car Accidents for Missouri on
Q: I got into a rear ending accident a few weeks ago and was issued a court date. I am 16 and very worried.

I was accused of driving in a careless and imprudent manner involving an accident. The damage done to each car was very minor. Why was I issued a court date instead of just a fine? How should I plead? What should I expect in the court room? How much should the fine be? Thank you.

Peter N. Munsing
Peter N. Munsing
answered on Mar 18, 2019

your state gives court dates. Look up the fine and possible points. If it's points,you may want to think of having a lawyer. You won't go to jail. Probably if you have some type of provisional license that may be at issue.

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Missouri on
Q: Can my auto GAP deny a claim based on a policy exclusion if they never provided a copy of the policy prior to the claim?

I submitted a GAP claim after my vehicle was deemed a total loss and insurance paid out the fair market value for the car. The GAP insurance company is trying to deny the claim as the vehicle was being driven for a transportation network company, citing their exclusion for commercial use. I never... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 18, 2019

Yes. You also want to note that your crash was in the course and scope of normal driving. In other words, it wasn't something about your job that caused you to drive on some back road that caused the wreck.

1 Answer | Asked in Car Accidents for Missouri on
Q: Is it required for an officer to ask for valid insurance in a traffic accident in MO

I got into an accident and wasn’t at fault and I flagged down an officer and he asked for license but nothing else and now when I went to go file a claim, the person doesn’t have active insurance.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 14, 2019

It's too bad that the officer didn't do a thorough job, but I'm not sure what you want to do about it. If the officer had cited the other driver for lack of financial responsibility, the other driver still wouldn't have insurance. You could sue the other driver if you believe... View More

1 Answer | Asked in Car Accidents and Civil Rights for Missouri on
Q: I need someone’s help can someone call me please?

I got into a car accident yesterday and they are telling me it’s my fault that I opened my door to get out when I looked back the lady wasn’t even close to my door I opened my door almost out of my car and had to jump back into my car because she ended up taking my door with her car basically... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 8, 2018

A lot depends on where you were etc. If you had time to get out it's on her--she would see door open, feet on the ground., even before you stand up. If you were in the car and swung the door open--that's different.

See if there is a business at the point where you parked that...
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2 Answers | Asked in Family Law and Car Accidents for Missouri on
Q: Mother in law changed my husband's part of his father's wrongful death settlement from 1/3rd to 5%.

My father in law was killed by a school bus. My mother in law is suing them on behalf of the family (my husband's grandmother, my husband, and herself) and has told my husband since the beginning that his part of the settlement will be 1/3rd. Recently, she found out that the settlement will be... View More

Lydia Seifner
Lydia Seifner
answered on Mar 1, 2018

This is more of an estate planning and tort issue. But my understanding is that unless your husband was named as a party in the suit, he is not a beneficiary of the settlement.

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1 Answer | Asked in Car Accidents for Missouri on
Q: Can I sue the driver who hit my boyfriend’s car then claimed it was my boyfriend’s fault?

The other driver ran a red light, claims my boyfriend did, my boyfriend doesn’t have collision coverage and the other party’s insurance (Geico) states they have no independent evidence to show who is at fault so they can’t do anything. The police report is also nonconclusive to who’s at fault.

Peter N. Munsing
Peter N. Munsing
answered on Feb 26, 2018

You can both sue the other driver. You could also sue your boyfriend. I suggest either way you contact a member of the Mo. Assn for justice-they give free consults.

1 Answer | Asked in Car Accidents for Missouri on
Q: Guy who hit my car sent me a letter asking about any litagation that might be out against him. Should I pursue it?

He was uninsured and my insurance didnt do much about it because i only have liability. Im just trying to see if its woth trying to pursue it.

Peter N. Munsing
Peter N. Munsing
answered on Jan 4, 2018

Well, as to damage to the car you want to pursue that. As to injury, if you have uninusured motorist coverage you will want to check that out.

2 Answers | Asked in Car Accidents and Traffic Tickets for Missouri on
Q: Ticket says failure to stay in lane- accident. Do I need to get a lawyer?

Got in an accident went off the road hit a pole no property damage pole was fine. Responding officer gave me a ticket for failure to stay in lane-accident. Do I need a lawyer or just go to the court date estimated cost for ticket?

Andrea Rogers
Andrea Rogers
answered on Dec 18, 2017

If you pay the fine, that means you are pleading guilty to "Failure to Maintain a Single Lane," which is a moving violation, and points will be added to your driving record. If you accumulate too many points, your license will be suspended. If you hire a traffic law attorney to represent... View More

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1 Answer | Asked in Car Accidents for Missouri on
Q: I was involved in a car accident recently, i was being pursed by my ex, ran a red light and was hit.

Didn't have insurance, but was at fault. Didn't get a traffic ticket at the time. Came out with a broken ankle. Not sure of the other person. What will happen?

Peter N. Munsing
Peter N. Munsing
answered on Dec 9, 2017

You may have a defense if you can show you were being pursued. You can sue your ex, and should contact a member of the Mo. Assn for Justice --they give free consults.

1 Answer | Asked in Traffic Tickets, Criminal Law, DUI / DWI and Car Accidents for Missouri on
Q: In Saline County, MO, I got a ticket for driving while suspended/revoked? What is the punishment for 1st offense?
Andrea Rogers
Andrea Rogers
answered on Nov 4, 2017

If you plead guilty to Driving While Suspended or Revoked, 12 points will be added to your Missouri driving record and your license will be revoked for 1 year, plus you will have to pay a fine. You can hire a traffic law attorney to get your 12-point Driving While Suspended/Revoked ticket reduced... View More

1 Answer | Asked in Bankruptcy, Car Accidents and Insurance Defense for Missouri on
Q: Is there any way to protect myself from subrogation if I didn't cause the accident and wasn't driving?

I'm being sued by Nationwide insurance; a company called NCS has contacted me, and I'm not sure what to do. My boyfriend hit another car, and totalled it out, while driving my car, without insurance on it. I wasn't driving, but I was there, and the vehicle was registered to me. I... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 5, 2017

I. Don't agree it is your obligation. It may be but it may not be. 2) Help them locate your ex--if you get sued you need to sue him for "contribution," 3) find out what the claim is for. If it's for property damage only, and they give you a FULL release of ALL claims including... View More

1 Answer | Asked in Car Accidents for Missouri on
Q: A city bus hit my car while it was parked legally on the side of the street. The city is claiming it has government

immunity from lawsuits. Is this true?

Peter N. Munsing
Peter N. Munsing
answered on Jul 6, 2017

Yes and no. It has immunity but I don't believe that applies to property damage.

1 Answer | Asked in Car Accidents for Missouri on
Q: Had my truck at a shop for them to check and give a bid when I picked up my truck they didn't shut my hood causing crash

The shop had giving me a bid that I already had one bid on fixing for $500 they gave me a $1900 bid I told them no I will go somewhere else. When I picked it up they did not shut my hood causing it to fly up going 65 MPh down the hwy putting me in the ditch my hood is mangled and the liner in my... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 12, 2016

Contact a member of the Missouri Assn of Trial Attorneys--they give free consults.

1 Answer | Asked in Car Accidents and Consumer Law for Missouri on
Q: My 1998 Dodge Dakota, 243,000+ miles, in excellent condition was damaged while parked at a repair shop

The truck was at the shop to have the instrument cluster looked at as it had stopped working. While there and parked on the lot a truck that was parked behind mine caught fire and did significant damage to the rear of mine. Mine was paid for, and in excellent condition, no rust, did not burn oil.... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 21, 2016

You would get book value, unless you have a replacement loss policy of your own. Double check with the insurance commissioner.

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