Legal Question in Insurance Law in Missouri

Report an accident - How Late?

My brother was involved in an accident. It was not his fault and thats what the police report says. Now they want to claim 90/10. He told his agent about the accident and asked if he should call the 800 number to report it he said no. Since he told the agent does that count as reporting the accident. What does 90/10 fault mean to him?

Thank you


Asked on 11/16/03, 2:06 pm

2 Answers from Attorneys
Spencer Farris The S.E. Farris Law Firm

Re: Report an accident - How Late?

Typically, it means hire an attorney! I have a client who was hit by a guy who ran a red light, and the insurance company wanted to blame my client for 20% of the fault- this means that my client would only collect 80% of his damages if he accepted that breakdown, as Missouri law only lets you collect for the other person's fault, and discounts your fault in the accident. As a side note, this blaming of the victims is becoming standard fare with insurance companies as a way to deny claims. Tell your brother to hire a good trial attorney as soon as possible, before any more evidence, like memory, disappears.

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Answered on 11/17/03, 6:24 pm
Donald Herron Herron Law Firm

Re: Report an accident - How Late?

Reporting a claim to your agent is usually acceptable but from your description, I would also report the claim directly to the claims office. 90/10 refer to fault. Missouri is a comparative fault state. The other party appears to be claiming that your brother was 10% at fault.

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Answered on 11/17/03, 12:01 am


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