Car accidents are common in Missouri. Whether it's a minor fender bender causing minimal damage or a serious car crash that totals your vehicle, accidents are traumatic and possibly life-altering events.
In the aftermath of a collision, knowing your path to compensation and recovery can give you peace of mind. Understanding Missouri car accident laws and how to deal with the other driver’s insurance company can simplify things for you.
This article will examine Missouri car accident compensation laws and how they'll affect you after an accident. We'll look at:
- Car insurance requirements for liability coverage
- How to file a car accident claim
- The amount of compensation you can expect for your medical expenses
- And more
Read on to learn what you need to know about Missouri car accident laws.
Missouri Motor Vehicle Laws Overview
Most of Missouri's basic motor vehicle laws are similar to those of other states. For example, drivers are expected to drive with care and not endanger the lives of other motorists. Anyone who gets behind the wheel must have a valid driver's license and proof of insurance. The vehicle must also be registered.
What To Do After an Accident in Missouri
While there are several things to accomplish after an accident, a few are of utmost importance. Check on the health of everyone involved, and offer aid if needed. When calling 911, make sure to alert the operator of any serious injuries.
Do not leave the scene of the accident, as this will get you charged with hit-and-run. Although the responding officer will get information from everyone for the accident report, it's a good idea to exchange contact and insurance information with the other driver(s) yourself as well.
You'll need a copy of the police accident report for insurance companies and any potential car accident lawsuits. In most cases, you can get one from the police in the municipality where the accident occurred. For example, if you had an accident in St. Louis, you can request a copy through the Metropolitan Police Department website.
If the accident was written up by the State Police, you can access a copy of the crash report through the Highway Patrol website.
For more information on accident reports and what to do at the scene of the accident, see FindLaw's Missouri Car Accident Report Basics article.
Required Car Insurance Minimums in Missouri
All Missouri drivers are required to carry liability insurance, which will pay for damages if you're found at fault. The current minimums are:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 per accident for property damage
In addition, Missouri requires that all drivers carry uninsured motorist coverage of $25,000 for bodily injury per person and $50,000 for bodily injury per accident.
Driving without valid insurance can result in suspension of both your driver's license and license plates.
Liability, Fault, and Compensation in Missouri Car Accidents
After an accident, one of your main concerns may be who is going to pay for the damage. This is where fault and liability come into play.
Missouri Is an At-Fault State
Missouri is an at-fault state, which means that the insurance company of the person deemed responsible for the accident pays for the damage to other vehicles and property. Missouri also gives the accident victim the right to sue for additional damages.
Missouri Is a Pure Comparative Negligence State
Missouri courts use the pure comparative negligence rule. This means you must prove the other driver's fault before the court will award your damages. How much you can claim will depend on the amount each driver contributed to causing the accident.
If you were 10% at fault for an accident and suffered $20,000 in damages, this rule allows the court to award you $18,000 in damages.
For a better understanding of what will happen with the at-fault driver and insurance companies after an accident, see FindLaw's Missouri Car Accident Settlement Process and Timeline article.
If you're feeling overwhelmed or uncertain, consider reaching out to a car accident attorney for legal advice.
Missouri Car Accident Compensation Laws Summary
The table below summarizes laws related to compensation in Missouri. More automotive statutes can be found in FindLaw's Missouri Traffic Laws section.
Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Other Questions About Missouri Car Accident Compensation Laws
No two car accidents are identical, but there are often shared aspects that can provide answers for your situation. The following FAQ may prove helpful.
Q: What types of damages can I try to recover from the person who hit my car?
A: While your medical treatments and bills encompass your economic damages, you may be entitled to non-economic damages as well. These include injuries you suffered that are not as easy to calculate, like pain and suffering, loss of companionship, and emotional distress.
Your car accident damage award may account for:
- Loss of income
- Emotional distress
- Pain and suffering
- Repairs to your vehicle or vehicle replacement costs
- Rental vehicle costs
Consider consulting an experienced car accident attorney to maximize what you may be able to recover.
Q: I was in an accident three years ago but didn't realize how badly it had messed up my shoulder at the time. Do I still have time to file a personal injury claim?
A: In most states, you'd be beyond the legal time limit to file a civil claim, known as a statute of limitations. Two years is the norm, but in Missouri, you have five years to file your claim. Make sure you can produce records of all medical bills related to the injury, along with a copy of the police report. Your personal injury lawyer will need this information.
Q: The person who totaled my car and gave me severe injuries in the accident doesn't have any money. Am I out of luck?
A: Maybe not. Missouri maintains a tort victim's compensation fund, and you may be able to acquire additional funds. Generated by punitive damages in civil lawsuits, the Tort Victims’ Compensation Fund (TVCF) is designed for situations like yours. You are eligible if:
- You were injured in Missouri or resided in Missouri at the time you were hurt
- You suffered damages as a result of the injury
- You have been unable to collect damages from the person who caused your injuries
The most you can recover is $300,000 per claim. You can file a TVCF claim at the Missouri Department of Labor website.
Car Accident Bills Piling Up? Speak With an Attorney
Missouri is committed to helping you get back on your feet, whatever the cause of your car accident. An especially long statute of limitations and a lack of damage caps provide injured parties with plenty of opportunity to recover damages for their injuries.
If you or a loved one has been injured in a motor vehicle accident in the state of Missouri, you might need help. To learn more about the strength and value of your car accident case, reach out to an experienced Missouri car accident lawyer. An attorney can provide sound legal advice about insurance claims, insurance coverage, and auto accidents.