See what to do after a Missouri car accident to protect your legal rights and build a strong injury claim.
At least 133 people a day are injured or killed on Missouri roadways.¹
Missouri is a traditional fault state, meaning you can seek compensation from the at-fault driver, and other at-fault parties, for your damages. Most accident victims start by filing a claim against the negligent driver’s insurance company.
Here’s what you need to know about Missouri traffic laws and vehicle injury claims.
What to Do After a Missouri Car Accident
Drivers who violate Missouri car accident laws may face fines, penalties, and points on their driving record. Here are five steps you can take after a vehicle accident to comply with Missouri laws and start building a strong insurance claim.
1. Stay At the Scene and Exchange Information
Missouri drivers are required to stop and stay at the scene of any car accident involving injury, death, or property damage. Drivers must provide their name, address, registration number, and driver’s license number to the other driver and police at the scene.
2. Call 911 and Help the Injured
In Missouri, you have no statutory obligation to render aid to the injured, but you do have an obligation to stop at the scene, report the accident to police, and share your information with the other driver.
Call 911 to report the accident and tell the dispatcher if anyone might be injured. If you attempt to give first aid at the scene, you may not be protected from civil liability.
3. Seek Prompt Medical Treatment
Never refuse or delay medical attention after a crash. Some injuries, like head trauma, may not be immediately apparent, or you could be stunned or full of adrenaline from the sudden impact of the collision.
Delaying medical care is risky for your health and gives the insurance company a handy excuse to deny or minimize your claim. Your injuries must be linked to the accident to be accepted as part of your insurance claim.
Allow EMTs or medics to evaluate you at the scene and transport you to the hospital if they think it’s best. If you aren’t taken to the hospital by ambulance, arrange to go to the emergency room or urgent care as soon as possible, preferably on the same day as the crash.
Tell the doctor who examines you about every injury and symptom. You’re entitled to compensation for all your injuries, not just the most serious injury. Point out every bruise, scrape, and tender spot.
4. Gather Evidence From the Scene
Missouri is a traditional fault state, so you can pursue compensation against the at-fault driver by filing a claim or lawsuit against them. Before the driver’s insurance company will pay your claim, you’ll have to prove the driver is at fault for the accident.
The police crash report is strong evidence of fault, especially if the other driver was cited for a traffic violation. Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
Notify the at-fault driver’s insurance carrier and your own insurer as soon as possible after a vehicle accident. You don’t have to wait until you’ve fully recovered to put the at-fault driver’s carrier on notice.
The other driver’s company will likely send you a letter with a claim number and the adjuster’s contact information.
Don’t be surprised if you hear from the adjuster right away with an offer to settle. It’s a common tactic to see if they can get rid of you fast and cheap. If you are still treating your injuries, you don’t know how much your claim might be worth. Politely say you’ll get back to the adjuster when you’re ready to talk about compensation.
Why Notify Your Own Insurance Company?
Your auto policy is a binding contract that includes a “notification and cooperation” clause. Even if the other driver admits fault for the accident, you are still obligated to notify your own insurance company. In return, your insurer has obligations to you, including a duty to defend you against lawsuits.
By failing to comply with the notification clause, you might lose valuable protections and could run into trouble if you have to file an uninsured or underinsured motorist claim.
If you decide to hire an attorney to handle your case, your attorney will handle all communications with both insurance companies.
Serious or complicated injury claims are best handled by an experienced personal injury attorney. An attorney will explore all available insurance options, and gather the evidence needed to prove the cost of future medical expenses, lost income potential, and fair compensation for your pain and suffering.
Missouri Fault and Liability Rules
Because Missouri is a traditional fault state, the burden is on you to prove the other driver did something wrong or failed to do what any reasonable driver would do to avoid a crash. In other words, you have to prove negligence.
Missouri Shared Fault Rules
Missouri is a pure comparative fault state. This means you can make a claim against the other party, even when you are mostly to blame. Your compensation will be reduced according to your share of fault.
Example of Pure Comparative Fault in Missouri
Frank was driving his Malibu on Rt. 66 heading toward Joplin with his windows down and stereo blaring. He was singing along with the music as he rounded a curve when an SUV suddenly pulled into his path.
Diane had a long day on her feet at work and was eager to get home. After a quick look for oncoming traffic, she pulled out of the restaurant parking lot directly into the path of Frank’s car.
Frank was going too fast to stop, and T-boned Diane’s SUV. Both drivers were seriously injured. Diane was cited for failing to yield, and witnesses stated Frank was speeding.
Several months later, Frank made a $75,000 demand to Diane’s insurance company for his hospital and medical bills, lost wages, and pain and suffering. When negotiations failed, he filed a lawsuit against Diane.
At trial, after hearing evidence from both sides, the jury determined that Diane was 60 percent at fault for pulling out into oncoming traffic, but Frank was 40 percent to blame for speeding.
Frank was awarded $45,000, representing a 40 percent reduction to his claim value for his share of fault.
Missouri Car Accident Compensation
The average settlement for a moderate car accident claim in Missouri is $22,398, with average payouts ranging from $3,051 for minor injuries to $209,391 for severe injuries.
Injury settlements in Missouri can vary widely, depending on the circumstances surrounding the crash and the severity of the victim’s injuries.
For example, look at these two rear-end accident cases with low and high payouts:
- In St. Louis County, Batchelor v. Alverson, 022-1372, the jury awarded $500 to the passenger and no award to the driver. The defendant argued shared fault.
- In Jackson County, Boyles v. Nathan, 01-CV-216227, the jury awarded $150,000 for soft-tissue injuries. The defendant blamed a phantom vehicle.
Factors that impact Missouri car accident compensation include:
- Injury severity
- Shared negligence
- Available insurance coverage
- Number of vehicles involved
- Number of injured victims
Commercial vehicles, like tractor-trailers, delivery vehicles, or dump trucks often carry higher levels of liability insurance. Accidents caused by company drivers often result in more severe injuries and higher payouts.
Missouri State Minimum Insurance Requirements
Vehicle owners in Missouri must carry insurance liability limits of at least $25,000 per person/$50,000 per accident for bodily injury, and $25,000 for property damage.
Insurers must sell policies in Missouri with uninsured motorist coverage (UM) equal to the policy’s liability limits. Policyholders cannot reject UM coverage.
How to Calculate a Minor Injury Settlement
You can estimate the settlement value of a mild to moderate injury claim by adding up your economic damages, like medical bills, out-of-pocket expenses, and lost wages, then adding one to three times that amount to account for your non-economic damages, commonly called pain and suffering.
How much the insurance company will pay for pain and suffering depends on how much your injuries interfered with your life after the accident. A multiple of one is reasonable for a few days with heat and ice on a stiff neck. A multiple of two or three is justified for a broken leg that kept you from coaching your kid’s softball team or going on that ski vacation you’d already booked.
Serious injury claims should be handled by an attorney to ensure fair compensation, including the value of future medical expenses, lost wages, long-term pain and suffering, and permanent disability.
Visitor Questions on Missouri Claim Guide
Settlement for post-concussive syndrome?
I was rear ended at a complete stop by a vehicle travelling approx. 40mph. Insurance company has stated they are liable for the accident and…
Compensation for Emotional Trauma After a Rear End Car Accident?
I was rear-ended in my car. I was in the left turn lane and a funeral procession was going past. As the procession ended we…
Am I responsible if bald tires and bad brakes caused this crash?
I was driving my van, traveling west on a street coming up on a two-way intersection (with me having the right-of-way) to where there was…