After a Missouri car accident, get to a safe place if you can. Call 911 if anyone is hurt, the vehicles are badly damaged, or the road is unsafe. Get medical care as soon as possible, even if you do not feel seriously injured right away.
If it is safe, take photos of the vehicles, damage, road conditions, and injuries. Exchange names, contact information, driver’s license details, insurance information, and vehicle information with the other driver. Get contact information from witnesses, too.
Report the accident to your insurance company promptly. Missouri follows a pure comparative fault rule. This means you can still recover money even if you were partly at fault, but your compensation will be reduced by your percentage of fault.
Depending on the accident, you may be able to seek payment for medical bills, lost income, vehicle repairs or replacement, and pain and suffering. The sections below explain your rights, options, and important filing deadlines.
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Key Takeaways
- Get to a safe place if you can, check for injuries, and call 911 if anyone is hurt or the crash is serious. See a doctor as soon as possible, even if you do not feel badly injured right away.
- Exchange names, contact information, driver’s license details, and insurance information with the other driver. Take photos of the vehicles, road conditions, and injuries, and get contact information from witnesses. Do not apologize or admit fault.
- Call the police when needed and report the crash promptly. Notify your insurance company quickly because your policy may have deadlines for reporting accidents.
- Missouri follows a “pure comparative fault” rule. This means you may still recover money even if you were partly at fault, but your compensation is reduced by your percentage of fault.
- You may be able to recover money for medical bills, missed work, car repairs, rental car costs, pain and suffering, and future medical care.
What to Do After a Missouri Car Accident
After a Missouri car accident, take quick, well-documented steps to protect your safety and any possible insurance claim.
- Move to a safe place if you can.
- Check yourself and others for injuries. Call 911 if anyone is hurt or the crash is serious.
- Get medical care as soon as possible, even if your injuries seem minor.
- Exchange names, contact information, driver’s license numbers, insurance details, and vehicle information with the other driver.
- Take photos of the vehicles, damage, road conditions, traffic signs, injuries, and anything else that may help show what happened.
- Get names and contact information from witnesses.
- Don’t admit fault or say you’re “fine” if you’re unsure. What you say after a crash can affect your claim.
- Keep all receipts, medical records, repair estimates, photos, and messages in one place.
- Learn who owns each vehicle involved, since the owner may have important insurance or vehicle records.
- Ask the repair shop to document all repairs with photos and detailed, itemized invoices.
- Consider speaking with a lawyer before accepting an insurance settlement.
Missouri Crash Reports and Insurance Requirements
You need to know when Missouri law requires a crash report and how to get a copy of that report. The report may help support your claim. You should also check whether all drivers had Missouri’s minimum required insurance. Acting quickly can help protect your rights and preserve important evidence.
When To File Reports
Missouri law requires drivers to report certain crashes quickly. Reporting the crash to police and your insurance company can help protect your rights and preserve important evidence.
- Call the police right away if someone is injured or killed, or if the vehicle damage is significant.
- Report the crash to your insurance company as soon as possible, even if you believe the other driver was at fault.
- Give clear, basic facts about what happened. Don’t guess about fault, injuries, or details you’re unsure about.
- Keep your insurance policy information, photos, witness contact information, and medical records in one place.
Waiting too long to report a crash can make it harder to prove what happened, may lead to insurance coverage problems, and could affect your ability to recover compensation.
Accessing Missouri Crash Reports
After a crash, getting the official Missouri crash report can help you understand what the responding officer recorded. The report may list the drivers, witnesses, insurance information, and the officer’s initial description of what happened.
You can usually request the report from the Missouri State Highway Patrol or the local police or sheriff’s department that investigated the crash. Review it as soon as you receive it. Errors in names, vehicle information, insurance details, or the description of the crash could affect an insurance claim, settlement discussions, or a legal case.
A crash report can help you find the other driver’s insurance company, keep track of witness information, and document the details of the collision. However, the report doesn’t automatically decide who was at fault. It’s one piece of evidence that may support your case.
Minimum Insurance Requirements
A crash report may list insurance information, but you shouldn’t assume the coverage is active or valid. Under Missouri law, vehicle owners must carry minimum liability insurance before a crash happens.
You should verify the other driver’s policy as soon as possible. Their insurance limits may not be enough to cover your medical expenses, lost wages, vehicle repairs, and other losses. If the driver is uninsured, recovering compensation may be more difficult.
Missouri’s minimum insurance requirements include:
- $25,000 for injuries to one person
- $50,000 for total injuries in one crash
- $25,000 for property damage in one crash
- Uninsured motorist coverage equal to the minimum bodily injury limits
Keep copies of the crash report, insurance information, medical records, repair estimates, and other evidence. These records can help support your claim.
How Fault Is Determined in Missouri Crashes
Missouri uses comparative fault rules, which means your compensation may be reduced if you were partly responsible for the crash.
However, being partially at fault doesn’t automatically prevent you from recovering damages.
Evidence can help show who caused the accident. Useful evidence may include the police report, witness statements, crash-scene photos, vehicle damage, traffic-camera footage, and medical records.
The stronger the evidence of the other driver’s negligence, the better your chances of recovering fair compensation.
Comparative Fault Rules
Fault after a Missouri car accident can affect how much compensation you receive. Missouri uses a pure comparative negligence rule. This means you can still seek compensation even if you were partly—or mostly—at fault for the crash.
However, your compensation is reduced by your share of fault. For example:
- If you’re 20% at fault, your compensation is reduced by 20%.
- If you’re 60% at fault, you can still recover 40% of your damages.
- Comparative fault can affect both settlement talks and court cases.
- Insurance companies may argue that you were more at fault to reduce what they’ve to pay.
A fair fault assessment should reflect what actually happened and each person’s role in the accident.
Evidence Used to Assign Fault
Evidence Used to Determine Fault
In Missouri car accident claims, fault is based on the evidence—not just what each driver says happened. You can help support your claim by keeping photos, videos, vehicle-damage records, witness contact information and statements, and medical records.
Other useful evidence may include police reports, traffic tickets, vehicle “black box” data, and cell-phone records. This information can show signs of speeding, distracted driving, drunk or impaired driving, or failing to yield.
Insurance companies and courts compare the evidence with Missouri traffic laws and the details of the crash scene. Don’t assume a police report automatically decides who’s at fault. A careful investigation may uncover mistakes, identify other people or companies responsible for the crash, and help prevent unfair blame from reducing your compensation.
Missouri Comparative Fault and Your Compensation
You may still be able to recover compensation after a crash, even if you were partly at fault. Missouri uses a pure comparative fault rule. This means your compensation is reduced by your percentage of fault.
For example, if your total damages are $100,000 and you’re found 30% at fault, you may recover $70,000.
Insurance companies may try to place more blame on you than you deserve. A police report can be important, but it doesn’t always decide who was at fault. Medical bills, lost wages, pain and suffering, and other losses may still be available.
An attorney can help by:
- Reviewing the evidence and challenging unfair fault claims
- Showing the full extent of your injuries and financial losses
- Communicating with insurance companies on your behalf
- Pursuing the compensation you may be entitled to under Missouri law
Before accepting a lower settlement, make sure you understand why the insurer is blaming you and how that affects your claim.
Missouri Car Accident Claim Filing Deadlines
In Missouri, you generally have five years from the date of a car accident to file a lawsuit for injuries or vehicle damage. However, some cases have shorter deadlines.
For example, if your claim involves a government agency or public employee, you may need to give written notice much sooner and follow special rules. Your insurance policy may also require you to report the accident quickly and cooperate with the insurance company.
Do not wait to take action. Keep photos, repair estimates, medical records, witness information, and other evidence. Get medical care if you’re hurt, and notify the appropriate insurance companies as soon as possible.
Damage caps in some cases may limit how much you can recover, but they don’t give you more time to file a lawsuit. If you miss the deadline, the court may dismiss your case—even if the other driver was at fault.
Damages Available After a Missouri Car Accident
After a Missouri car accident, you may be able to recover money for the losses caused by the crash. The amount you can recover depends on the evidence, available insurance, and who was at fault.
Missouri uses a comparative fault rule. This means your compensation may be reduced if you were partly responsible for the accident. For example, if you were 20% at fault, your recovery may be reduced by 20%. You may still be able to make a claim even if you share some blame.
Do not accept a quick insurance settlement until you understand the full cost of your injuries and other losses. You may be able to seek compensation for:
- Medical bills, rehabilitation, and future medical care
- Lost income and a reduced ability to earn money in the future
- Car repairs or replacement, rental car costs, and other property damage
- Pain and suffering, disability, and emotional distress
Keep copies of medical bills, repair estimates, pay records, photos, and other evidence. A lawyer can help you understand your options and pursue fair compensation.
Frequently Asked Questions
Can I Sue an Uninsured Driver After a Missouri Accident?
Yes. You can sue an uninsured driver in Missouri if they caused your accident and damages. You will need proof that the other driver was at fault and evidence of your losses, such as medical bills, repair costs, lost wages, and pain and suffering.
However, winning a lawsuit does not guarantee you will collect money. Uninsured drivers may have limited income or assets. You should also review your own uninsured motorist coverage as soon as possible, since it may help pay for your injuries and other losses.
Are Missouri Drivers Required to Carry Uninsured Motorist Coverage?
Yes. Missouri drivers must carry uninsured motorist coverage. If an uninsured driver causes your accident, you may be able to use your own policy to recover rental car costs and other damages.
Can a Passenger File a Car Accident Injury Claim?
Yes. If you were hurt as a passenger in a car accident, you may be able to file an injury claim against the driver or another person responsible for the crash.
You may be able to recover money for medical bills, lost wages, pain and suffering, and other accident-related losses. Even if the driver was a friend or family member, you may still have options through their insurance.
What Happens if the At-Fault Driver Leaves Missouri?
If the at-fault driver leaves Missouri, they can still be held responsible. You may still be able to file an insurance claim, serve them with legal papers in another state, and sue them if necessary. Their move should not stop you from seeking compensation.
Can I Recover Compensation for a Rental Car After an Accident?
You may be able to recover the cost of a rental car if someone else caused the accident. However, who pays can depend on the other driver’s insurance, your own coverage, and any limits or delays in the claims process. Keep receipts for the rental, report the accident to the insurance companies quickly, and file all available claims.
Conclusion
After a Missouri car accident, take steps quickly to protect your rights. Take photos, get the police report, gather witness information, and tell your insurance company about the crash. Be careful when speaking with the other driver’s insurer, and do not accept a settlement before you understand what your claim may be worth.
Missouri uses fault and comparative negligence rules. This means your compensation may be reduced if you were partly responsible for the accident. There are also deadlines for filing an injury claim. If you miss a deadline, you may lose your right to seek compensation.
Consider speaking with a qualified attorney, keep all records and medical bills, and preserve any evidence related to the crash.
