Missouri No Fault Clause

State:
Multi-State
Control #:
US-OL25072
Format:
Word; 
PDF
Instant download

Description

This office lease clause describes the allocation of risks. The parties desire to allocate certain risks of personal injury, bodily injury or property damage, and risks of loss of real or personal property by reason of fire, explosion or other casualty, and to provide for the responsibility for insuring those risks as permitted by law.

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FAQ

In this situation, you would use your own policy's uninsured motorist (UM) protection, which Missouri law requires. Your medical expenses, past and future lost wages, pain and suffering, and other emotional harms will all be covered by this coverage. You can get back as much as your policy's UM allowance.

In a no-fault claim, the parties are not required to prove any party's blameworthiness to resolve the claim. In contrast, parties to a fault-based claim must prove a party was at fault to prevail on the claim.

In no-fault states, everyone must use their own car insurance to pay for their damages and injuries, regardless of who caused the wreck. If a person's injuries exceed their no-fault coverage, they may be able to make a claim against the other driver's policy, but many states limit the amount that can be recovered.

Determining who's at fault requires that you prove the at-fault party breached their duty of care as a driver. This duty of care requires that a driver take reasonable care to ?ensure any action taken or failed to take does not cause injury to another person on the road or cause damage to property.?

There are two types of 'fault' rules used to determine who is liable in a car accident: No-Fault and At-Fault. No-Fault is the simpler of the two, and is used in several states. Under No-Fault rules, insurance companies compensate victims for their injuries regardless of who caused the accident.

Missouri's ?No Pay, No Play? law prevents uninsured motorists from pursuing non-economic damages after an auto accident (RSMo section § 303.390). This includes uninsured drivers who own the vehicle, uninsured permissive drivers of the vehicle, and uninsured nonpermissive drivers.

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Missouri No Fault Clause