Missouri Car Accident Settlement Process and Timeline

A car accident in St. Louis, Kansas City, or anywhere else can be scary. While relieved when it’s over, injuries or other damage are often just the beginning of your stress. Understanding what to expect from the Missouri car accident settlement process, however, can make this time a little less overwhelming. It can also help you get the fair compensation you deserve.

If you or a loved one has been in a crash in Missouri, connect with a qualified car accident attorney as soon as possible. Doing so doesn’t mean you’re suing anyone, but it can protect you when dealing with insurers who strive for minimal payouts with each car accident case.

In this article, we review how the insurance settlement process works after a Missouri wreck. We’ll also help you understand how to protect yourself along the way.

Let’s start with some tips for the accident scene.

Right After the Collision

Everyone’s safety is the top priority after a crash. Call 911 for anyone needing medical attention. Be sure to request law enforcement. They will come and create a police report, which can be an important piece of evidence for your claims. It includes facts, diagrams, and witness statements that may support your car accident claim later.

While you’re at the scene:

• Exchange insurance information with the other driver
• Take photos of any property damage/visible injuries
• Collect contact information from any witnesses
• Avoid making detailed statements about the crash

When you leave, get checked out by a medical provider even if you feel okay. Some car accident injuries don’t show up right away. Early medical treatment can create a medical record linking your potential injuries to the accident. This can help your personal injury claims.

Don’t delay medical care because you’re concerned about costs. Medical bills can add up fast, but an attorney can help you find providers who agree to wait for payment until your claim’s been settled.

Missouri Car Accident Laws

Missouri follows a fault-based system for injuries and damages resulting from car accidents. The at-fault party is responsible for damages, which are often addressed through their insurance.

The state uses a pure comparative fault model. This means you can recover damages even if you were partially at fault for the accident, but your compensation will be reduced by your percentage of fault. If you have $100,000 in damages but are found to be 40% at fault for the crash, you could only recover the remaining 60%, or $60,000.

Car Accident Damages

In Missouri, car accident victims may be able to claim economic and non-economic damages through an insurance claim. Let’s take a look at what’s different between the two.

Economic Damages

Economic damages in this context are financial losses quantified by things like bills, receipts, and pay stubs. They can include:

• Medical expenses (current and future)
• Lost wages
• Lost earning capacity
• Property damage

They can also include other out-of-pocket expenses like transportation for medical care or car rental costs. Check with the Missouri state insurance department or speak with a car accident attorney if you’re unsure about what qualifies.

Non-Economic Damages

Non-economic damages may also be recoverable for intangible losses. They’re intended to compensate for hardships like:

• Pain and suffering
• Mental anguish
• Loss of enjoyment of life
• Emotional distress
• Permanent disability/disfigurement

Under Missouri personal injury law, recovery of these damages after a car accident often requires a physical injury from the accident. Regardless of the damages you’re claiming, the settlement process begins when you file your insurance claim.

The Claims Process

While exact deadlines can vary by policy, you’ll need to report the accident to insurance soon after it happens. Consider consulting an experienced attorney before filing your claim if you have any questions or concerns. They can help you avoid common mistakes that could hurt your claims. These might include admitting fault or downplaying your injuries and damages.

The primary goal of insurance companies is to keep payouts as low as possible. An attorney has a duty to protect your interests and can help you anticipate insurer tactics. Consider speaking with one to gain an advantage against the insurers.

Most car accident settlement processes follow a set of steps. Knowing what to expect can help you in many ways.

Filing Your Claim

In most cases, you or your car accident lawyer will file a claim with the at-fault driver’s insurance company. You’ll provide basic facts, the police report, and other documentation you might have at the time.

For injuries, you’ll file a personal injury claim. For damage to your vehicle or other personal property, you’ll have a property damage claim. As you might imagine, it’s not uncommon to file both.

Per your own auto insurance policy, you also need to promptly notify your own provider. If the other driver’s insurer denies fault or delays payment, your insurer may be able to temporarily cover costs like repairs and medical bills.

Insurer Investigation

An assigned insurance adjuster will review your materials and investigate your case. They may request additional information as well.

During this time, your attorney will continue to gather evidence. This may include surveillance footage, witness statements, and other documentation to support claims for both economic and non-economic damages.

Don’t be surprised if the adjuster contacts you early with a settlement offer, maybe even before you’ve completed medical treatment for your injuries or had a chance to calculate your damages. This is a common strategic move designed to entice you to accept a lowball offer. These early settlement amounts are almost always well below the compensation to which you’re entitled.

Demand Letter/Package

After your condition stabilizes, or no further recovery is expected, your attorney will likely prepare a settlement demand package for the at-fault party‘s insurer. This contains a demand letter detailing your losses and compelling evidence to support your claims. The letter should also carefully set forth the legal bases for your claims and request a specific settlement amount.

The demand letter/package serves as an indication to the insurer that you expect fair compensation. It also lets them know you’re willing to pursue legal action if necessary.

Settlement Negotiations

The adjuster almost always replies with a settlement offer that is lower than requested. This is common practice, and several rounds of settlement negotiations may follow.

An experienced car accident or personal injury attorney can be invaluable during negotiations. They can advise you on a realistic payout range and help you decide whether to accept a counteroffer or continue negotiating.

Settlement Agreements

Whether you’ve been able to negotiate a fair settlement amount or are considering accepting an early lowball offer, you will need to sign a settlement agreement. When you do, you’re waiving critical legal rights to future claims related to the accident. As such, you’ll want an attorney to review the document and ensure you understand its significance.

How Long Does a Settlement Take?

There’s no single timeframe for an auto accident settlement. Simple matters with minor injuries might resolve in a few months. Cases with serious injuries, disputed fault, or multiple car insurance providers may take longer. If talks stall, your lawyer might recommend filing a car accident lawsuit to keep pressure on the insurer and preserve your rights.

Car Accident Lawsuits

If the insurance company denies your claims or won’t offer you a fair settlement, your attorney may discuss taking your property damage/injury case to court. Filing a lawsuit doesn’t stop negotiations. Many cases still settle before trial, but taking that step is sometimes necessary to show you’re serious.

Missouri‘s statute of limitations allows five years from the date of the accident to file a lawsuit. This deadline applies to most property damage and personal injury lawsuits stemming from a collision. If you miss it, you can lose your right to recover in court. Your lawyer should monitor this deadline during the negotiation process.

Getting Legal Advice

There are several factors to consider at each stage of the settlement process, making it difficult to understand your full range of options without the benefit of legal expertise. For this reason, many car accident and personal injury lawyers offer free case evaluations. Consider a consultation as soon as possible after your accident.

The right attorney can help you figure out the best path forward. You can speak with them confidentially about the specifics of your situation so that you’re making informed decisions. Be sure to work with someone you can trust. They should be licensed in Missouri and have solid experience dealing with auto insurance companies.

If you need help identifying an advisor, Findlaw has compiled a reputable directory of Missouri car accident attorneys. You can use it to review backgrounds and ratings for experts in your area, as well as those who offer free case reviews. Eliminate the guesswork and give yourself some peace of mind by contacting a car accident attorney near you.