Missouri Car Accident Laws
If you are looking at filing a car accident claim in Missouri, determining fault, documenting evidence and communicating with insurance companies can all affect your case’s outcome and the type of compensation or settlement you receive. In addition to all this, Missouri law also sets deadlines – known as statutes of limitations – which essentially determine how long you have to file a lawsuit.
This guide explains Missouri’s car accident laws that might apply to you after a car accident. You’ll learn how fault is determined after a car accident in Missouri, how insurance claims work, what deadlines apply and what steps you can take at every step to make sure your rights are protected.
What Are Missouri Car Accident Laws?
Missouri car accident laws not only set a framework for what actions drivers must take after a car accident, but also how responsibility is determined when the car crash results in injury, fatality and/or property damage. These laws cover reporting an accident, insurance requirements, drivers’ duties and the process for injured victims to seek compensation. Missouri follows what is known as a “fault-based system.” This means that the person who caused the crash may be held responsible for the injuries, damages and losses resulting from the incident.
Drivers in Missouri who are involved in a car crash have certain responsibilities under the law. They must stop and remain at the scene of the crash, exchange information with other parties and help (within reason) those who have been injured in the crash. Missouri also has accident reporting requirements that drivers must follow. In addition, drivers have the right to seek compensation if they are injured as a result of someone else’s negligence or wrongdoing.
Filing an insurance claim is typically the first step after a car crash. This is where you work with insurance companies to recover payment to cover your damages. You may choose to file a separate personal injury lawsuit when you are unable to reach a fair settlement with the insurance company or because you need more compensation because you have suffered injuries that require medical treatment and time off work.
Liability is determined under Missouri law by looking at elements of a case including but not limited to traffic violations, driver behavior, evidence, witness statements, etc. Missouri’s comparative fault rules may also affect the amount of compensation each party involved can recover depending on their share of responsibility.
Missouri Is a Fault State for Car Accidents
Since Missouri is an “at-fault state,” the driver responsible for causing a car accident, generally speaking, is responsible for covering the damages resulting from the crash. Fault is determined by reviewing evidence such as police reports, eyewitness statements and other details that are pertinent to the accident.
After a Missouri car accident, an injured person may recover compensation by:
- Filing a claim with their own auto insurance company
- Filing a third-party claim with the at-fault driver’s insurance company seeking compensation for medical expenses, lost income, vehicle repairs, etc.
- Filing a personal injury lawsuit against the at-fault driver.
For example, if a driver rear-ends you because they were following your vehicle too closely, they are typically considered at fault under Missouri law. If you were injured, you may be able to pursue compensation through the at-fault driver’s insurance or by directly filing a personal injury lawsuit against the driver.
Missouri Comparative Fault Law
Under Missouri’s “pure comparative fault” system, more than one person could share responsibility for causing a car accident. So, under this rule, an injured person’s compensation in a car accident case would likely be reduced by their percentage of fault. But, it also means that you could recover damages after a car accident even if you may have been partly responsible for it.
For example, if a driver sustains $100,000 in damages after a crash, but is found to be 20% at fault, his or her compensation might be reduced by 20%. This means the driver could still recover $80,000 from the other responsible parties.
In Missouri car accident cases, some of the common types of crashes where a comparative fault argument might come into play include situations where drivers are speeding, distracted, fail to yield, make unsafe lane changes, etc. Insurance companies often look into such issues because showing that an injured driver shares some responsibility could end up reducing the amount of money they have to pay.
Comparative fault matters because determinations of fault have a direct impact on settlement offers and the compensation injured victims receive. After a crash, evidence such as traffic camera footage, eyewitness statements and police reports can be important when it comes to showing how much responsibility each party should bear.
Missouri’s Car Insurance Requirements
Under Missouri law, drivers are required to carry minimum auto insurance liability coverage. The law requires the following:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $10,000 for property damage per accident
Bodily injury coverage helps pay for medical costs, lost wages or legal costs when a driver causes an accident while property damage coverage helps pay for repairs to the other person’s vehicle. In addition to liability coverage, Missouri also requires drivers to have uninsured motorist (UM) coverage of at least $25,000 per person and $50,000 per accident. This type of insurance protects drivers if they are injured in a crash caused by an uninsured driver.
Driving without insurance in Missouri comes with penalties such as fines, points on a driving record and possible driver’s license suspension. Once driving privilege is lost, a driver might need to provide proof of insurance, pay reinstatement fees and meet other state requirements to get it back.
Missouri Accident Reporting Laws
Missouri law requires drivers to report a car accident to law enforcement agencies when that crash results in injury, death or property damage. Contacting the police or the local law enforcement agency after a crash allows officers to investigate the scene of the crash, document the situation and make sure everyone involved is safe.
A police report is important because it helps establish the facts of the incident. Officers may record critical details such as the location, time, weather conditions, vehicle details and statements from drivers. Such information can serve as valuable evidence when filing an insurance claim or resolving a dispute and help identify eyewitnesses.
After a car accident, drivers should exchange important details including their names, phone numbers, addresses and other contact information, insurance and driver’s license details and vehicle information such as make, model and license plate number. It can also be helpful to take photos and videos of the accident scene and the damage to vehicles.
If you have been involved in a crash, do not admit fault at the accident scene or make any guesses about injuries. This is because you don’t have all the facts and sometimes, injuries may not manifest until hours or days after the crash. Instead, stick to providing basic details and wait for the investigation to provide the facts.
Missouri Statute of Limitations for Car Accident Claims
Under Missouri law, anyone who has been injured in a car accident has five years within which to file a personal injury claim. This deadline applies to claims where injured individuals are seeking compensation for damages like medical bills, lost income, pain and suffering, etc.
For property damage claims such as vehicle repairs or damage to personal belongings, the statute of limitations is also typically five years from the date of the accident. If you file after this time has passed, you may not be able to recover compensation.
When a car accident has resulted in a fatality, a wrongful death claim must be filed by surviving family members within three years of the person’s death. This allows the decedent’s loved ones to seek compensation for damages such as funeral and burial costs, lost future income, etc.
Missing these deadlines can have serious consequences including the case being dismissed and the injured person or family being barred from recovering compensation. There are a few exceptions to these statutes of limitations under Missouri law involving minors, incapacitated individuals and other special circumstances that are recognized under the law.
Missouri Laws Regarding Car Accident Compensation
Car accident victims may be able to recover different types of compensation. How much you receive will typically depend on the facts and circumstances of the incident and the types of damages suffered.
Economic damages: These are financial losses that can be calculated such as medical expenses from emergency care, hospital visits, rehabilitation, surgeries, etc.; lost wages if their injuries prevented them from working; or loss of earning capacity, if their injuries were catastrophic. In addition, victims can seek compensation for property damage such as vehicle repairs or loss of personal belongings.
Non-economic damages: These types of damages are compensation for the personal impact of the accident such as pain and suffering, emotional distress, permanent disability and loss of life’s enjoyment. Such losses address the physical and emotional challenges a person undergoes after a crash.
Punitive damages: There are some scenarios in which Missouri courts may award punitive damages, which are mainly intended to punish harmful behavior by defendants and discourage similar actions. Punitive damages may be awarded, for example in a situation where a driver’s conduct was intentionally wrongful.
Missouri Laws on Distracted Driving Accidents
Missouri’s distracted driving laws are in place to prevent drivers from engaging in dangerous behaviors. State law prohibits drivers under the age of 21 from texting while driving. Adult drivers have historically had fewer statewide restrictions on handheld device use. That said, drivers of all ages are expected to operate vehicles safely and avoid behaviors that endanger others on the road. Younger drivers face stricter rules because they are more inexperienced. Studies also show that younger drivers are more vulnerable to distraction-related crashes.
When a driver causes an accident because they are distracted, it amounts to negligence, which means they can be held financially responsible. If a driver was texting at the time of the crash, that could be used as evidence of negligence. Such evidence can have an impact on settlement negotiations and can be used to show that the driver failed to use reasonable care.
Common evidence in distracted driving cases includes cell phone records that show messages sent at the time of the crash; statements from witnesses who can describe the driver’s actions; and vehicle data information, which can help establish driver behavior such as how fast they were going or whether they slowed down or applied the brakes before the crash.
Missouri Drunk Driving Accident Laws
Missouri’s DUI laws prohibit motorists from operating a vehicle under the influence of alcohol and/or drugs. Under state law, the legal blood alcohol concentration or BAC limit is 0.08% for drivers who are 21 or older. For drivers of commercial vehicles, that limit is 0.04%. Missouri has zero tolerance rules for drivers under 21. Criminal penalties for driving under the influence may include fines, license suspension, probation, required education programs and even possible jail time. The severity of the punishment depends on the circumstances of the incident and prior offenses.
In a civil personal injury lawsuit, evidence that the driver was operating under the influence could help prove negligence because the act of driving while impaired shows a failure to act with reasonable care. Egregious DUI cases could also result in punitive damages. Common evidence of DUI includes blood or breath test results, arrest records and police reports.
Missouri Seat Belt Laws and Injury Claims
Under Missouri law, adult passengers and many child passengers are required to wear proper seat restraints. Adults sitting in the front seat are required under the law to wear seatbelts while child passengers who fit into certain age and size categories must be seated in an appropriate child seat such as an infant or booster seat.
While failure to wear a seatbelt could become an issue in a car accident claim where personal injury is involved, Missouri does limit how such evidence can be used. We often see defense attorneys argue that the injured person’s failure to buckle up contributed to the severity of their injuries and that some of the injury could’ve been prevented had they been wearing seatbelt. This is known as the causation argument.
Missouri’s child safety seat laws require younger and smaller children to use approved restraints and child seats such as rear-facing seats or forward-facing seats for infants or booster seats for toddlers and older children based on age, weight and height requirements.
Missouri Hit-and-Run Accident Laws
If you are involved in a car accident in Missouri, the law requires you to stop immediately and remain at the scene, especially when the accident involves injury, death or property damage. Drivers must also provide information including driver’s license, name, address, vehicle details, insurance, etc. The law also requires them to provide reasonable help to the injured parties. This might be something as simple as calling 911 so they can receive care in a timely manner.
Leaving the scene of an accident can result in fines, penalties, criminal charges and possible jail time. This is especially true in cases where people have been injured or killed. In addition to criminal charges, a driver who leaves the scene of a crash could be held liable or financially responsible for the damages and losses caused by the crash. Victims of hit-and-run accidents in Missouri may be able to pursue compensation through their uninsured motorist coverage in cases where the at-fault driver can’t be identified.
Missouri Laws Regarding Uninsured and Underinsured Drivers
Missouri law requires auto insurance policies to include uninsured motorist coverage. This is the type of coverage that protects drivers and passengers when they are injured by a driver who does not have auto insurance. Uninsured motorist coverage can help pay for medical costs, lost income and other damages caused by an uninsured driver.
Underinsure motorist coverage kicks in when the at-fault driver has insurance, but not enough to fully compensate those injured in the crash. The main difference between the two types of coverage is that uninsured motorist coverage applies when there is no available liability insurance while the underinsured motorist coverage applies when the available coverage is inadequate to cover the victims’ losses.
Such cases can cause disputes over which coverage applies, the extent of the injuries and the amount of compensation that is available. Insurance companies may challenge claims or rely on policy terms and limits to reduce payouts. Policy limits may restrict recovery even when damages exceed the available insurance coverage.
What Should You Do After a Missouri Car Accident?
Step 1: Call 911
Report the car accident and call for police or emergency help, if needed. This is important as relavant accident details will be captured in the police report.
Step 2: Get Medical Treatment
You should seek medical attention at once, even if your injuries appear to be minor at the time. In many cases, we have seen that a victim’s injuries surface or become worse hours or even days after his or her accident. Seeking medical treatment will help document your injuries as well as the treatment you received.
Step 3: Gather Evidence at the Scene
You should collect all pertinent information from the accident site, including:
- Photos of vehicles, property damage, road conditions, your injuries, etc.
- Witness names and contact information
- Insurance information of the other drivers involved
Step 4: Contact Your Insurance Company
Call your insurance company promptly and report your accident. Make sure that state the facts to the best of your recollection. Please do not make any statements about fault to them or anyone else before talking to your lawyer.
Step 5: Follow Medical Advice
Do not miss any doctor’s appointments that you made to evaluate or treat your injuries. Ensure that you follow your doctor’s instructions and the prescribed treatment. This will help you quickly get back on the road to recovery.
Step 6: Get and Keep All Documents and Records
All copies of hospital treatments, medical bills, vehicle repair estimates, police reports, any communication that you have with the insurance companies and any other relevant documentation that is related to the accident should be preserved.
Step 7: Consult with an Attorney Immediately
If you have suffered serious injuries and/or think that your insurance company is treating you unfairly, you should speak with an experienced Missouri car accident attorney. Your lawyer can fight for your rights and help you seek fair compensation for your losses.
Frequently Asked Questions About Missouri Car Accident Laws
Is Missouri a no-fault state?
No. Missouri is an “at-fault state,” meaning the driver responsible for causing the accident may be held liable for damages caused.
How long do I have to file a Missouri car accident lawsuit?
Generally speaking, Missouri has a five-year statute of limitations for personal injury claims and a five-year limit for property damage claims.
Can I recover compensation if I was partially at fault?
Yes. Missouri uses comparative fault rules. So, you may be able to receive compensation even when you are found to have been partially responsible for the crash.
What type of insurance coverage is required for Missouri Drivers?
Missouri requires drivers to carry minimum liability coverage for bodily injury and property damage along with uninsured motorist coverage.
What happens if the at-fault driver has no insurance?
You may be able to seek compensation through your uninsured motorist coverage if your policy includes this type of coverage.
Do I need a police report after a Missouri car accident?
A police report is not absolutely essential. However, it can provide important and valuable evidence in personal injury cases and insurance disputes.
Can I sue a drunk driver in Missouri?
Yes. A driver who causes an accident while under the influence may be held responsible for the injuries and damages they cause.
How is pain and suffering calculated after a Missouri car accident?
Compensation for pain and suffering damages is typically based on factors such as injury severity, recovery time, the types of medical treatment required and the effect the injuries have on your daily life.
If you’ve been involved in a Missouri crash, understanding the state’s car accident laws is an important step to protecting your rights. Missouri’s at-fault system means the driver responsible for causing a crash can be held responsible. As a driver in Missouri, it is important that you follow the state’s insurance requirements including carrying liability coverage and uninsured motorist protection. Knowing the state’s comparative negligence system gives us the understanding that you can seek compensation even if you were partially at fault for causing a crash. It is also important to be aware of filing deadlines because waiting too long could bar you from pursuing your legal rights and seeking compensation.
Taking swift action can help you protect your rights after a car accident. If you are facing injuries, time off work, disputes over who was at fault or insurance challenges, it would be in your best interest to consult with an experienced Missouri car accident attorney who can help you understand your options and pursue the compensation you rightfully deserve.
Kansas City personal injury attorney James Roswold of Kansas City Accident Injury Attorneys handles cases dealing with victims of personal injury, medical negligence, wrongful death, workers compensation, nursing home negligence, premises liability, product liability, car accident, truck accident and motorcycle accident cases.