If you were recently in a car accident, slip-and-fall, or other injury-causing incident in Missouri, and someone, an insurance adjuster, the other driver, even a well-meaning friend has suggested that the accident was partly your fault. You may be feeling anxious about what that means for your ability to recover compensation. It’s a common worry, and an understandable one.
Here’s the good news: in Missouri, being partially at fault does not automatically disqualify you from recovering a settlement. Missouri follows what’s known as a “pure comparative fault” rule, and understanding how it works can help you make sense of what an insurance company might offer and why. This guide breaks down Missouri’s comparative fault system in plain language, so you know what questions to ask and what to expect as your claim moves forward.
What Is “Comparative Fault,” and Why Does It Matter?
When more than one party contributes to an accident, the law has to decide how to divide financial responsibility. Some states use a “contributory negligence” rule, where being even 1% at fault can bar you from recovering anything at all. Other states use “modified comparative fault,” where you lose your right to recover once your share of fault crosses a certain threshold (often 50% or 51%).
Missouri takes a different, more forgiving approach.
Missouri’s Pure Comparative Fault Rule
Missouri has followed a pure comparative fault system since the Missouri Supreme Court’s 1983 decision in Gustafson v. Benda, which was later reflected in state statute (RSMo § 537.765). Under this rule:
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You can still seek compensation even if you were significantly at fault for the accident, in some cases, even up to 99% at fault.
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Your total damages are reduced in proportion to your percentage of fault.
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There is no fault “cutoff” that automatically bars your recovery, unlike in many other states.
In practical terms, this means a percentage of fault assigned to you doesn’t end your claim, it adjusts the math.
How the Math Works: A Simple Example
Comparative fault can sound abstract until you see it applied to real numbers. Here’s a simplified illustration:
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Suppose your total damages (medical bills, lost wages, pain and suffering, property damage, etc.) are calculated at $100,000.
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An insurance adjuster, judge, or jury determines that you were 20% at fault for the accident. Maybe you were going slightly over the speed limit when another driver ran a red light and hit you.
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Under Missouri’s pure comparative fault rule, your recoverable damages would be reduced by that 20%, potentially bringing your settlement to around $80,000.
This is why the fault percentage assigned to you in an insurance investigation or legal proceeding matters so much, even a difference of 10–15 percentage points can meaningfully change the final settlement number.
Who Decides the Fault Percentage?
Fault percentages can be determined in a few different ways:
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Insurance adjusters during settlement negotiations, based on police reports, photos, witness statements, and their own investigation
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A judge or jury, if the case goes to trial
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Negotiation between attorneys, in many cases that settle before trial
Because these percentages are often contested, and because insurance companies have a financial incentive to assign you a higher share of fault. This is frequently one of the most disputed parts of an injury claim.
Common Situations Where Comparative Fault Comes Up
Comparative fault questions arise in a wide range of accident and injury claims across Missouri, including:
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Car accidents — disputes over speeding, distracted driving, failure to signal, or right-of-way
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Pedestrian and bicycle accidents — questions about crosswalk use, visibility, or jaywalking
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Slip-and-fall accidents — arguments that the injured person wasn’t watching where they were walking
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Medical malpractice claims — questions about whether a patient followed medical advice or disclosed relevant health information
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Multi-vehicle collisions — where fault may be split among several drivers
If you’re dealing with any of these situations, it’s worth understanding that a fault percentage assigned early in the process (like on a police report) is not always the final word.
Joint and Several Liability: When Multiple Parties Share Blame
In accidents involving more than one at-fault party, Missouri also applies a related concept under RSMo § 537.067: joint and several liability. In general terms:
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A defendant found to bear a majority share of fault (51% or more) can potentially be held responsible for the full compensatory judgment, not just their proportional share.
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Defendants assigned a smaller share of fault may only be responsible for their proportional part.
This matters most in multi-vehicle crashes, cases involving a negligent business and a negligent driver, or other situations with several potentially liable parties. Because these rules involve statutory nuance, this is an area where an attorney can help you understand how it applies to your specific facts.
How Comparative Fault Can Affect Settlement Negotiations
Insurance companies are well aware of how comparative fault math works, and they often use it strategically. It’s common for an adjuster to:
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Assign you a higher fault percentage than may be accurate, in order to lower their payout
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Use recorded statements you give shortly after the accident to suggest you share blame
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Point to minor factors (like not wearing a seatbelt, driving slightly over the limit, or a delayed reaction) to argue for a reduced settlement
This doesn’t mean every fault argument raised by an insurer is accurate or final. It simply means that how fault is documented and argued can significantly change your outcome, which is why many people in this situation choose not to negotiate alone.
What You May Want to Consider Doing Next
If you’ve been told you’re partially at fault for an accident in Missouri, here are some general steps people in your situation often consider:
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Avoid giving recorded statements to an insurance adjuster before understanding how fault might be assessed
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Gather and preserve evidence — photos, witness contact information, medical records, and the police report
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Keep a record of your damages, including medical bills, missed work, and other accident-related costs
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Understand your state’s filing deadlines — Missouri generally allows five years to file most personal injury claims, but medical malpractice claims typically must be filed within two years, so timing matters
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Talk to a licensed Missouri attorney who can evaluate your specific facts, since fault percentages are often negotiable and case-specific
