What to Do After a Car Accident in Missouri
The steps you take immediately after a car accident can make or break your personal injury case. Here is what Missouri law expects — and what protects you.
By OTT Law
What to Do After a Car Accident in Missouri
The moments after a car accident are disorienting. Adrenaline masks pain, police ask questions you are not ready to answer, and the other driver's insurance company may call before you have even left the emergency room. Every decision you make in those first hours and days shapes what happens next — whether you receive fair compensation or struggle to prove a case that should have been straightforward.
Missouri law creates specific obligations and opportunities for accident victims. Understanding both puts you in the strongest possible position.
At the Scene: The First 30 Minutes
Call 911 and Stay Put
Missouri law requires drivers involved in accidents resulting in injury or significant property damage to remain at the scene. Leaving before law enforcement arrives can result in criminal charges — and it destroys your credibility if you later file a personal injury claim.
Call 911 even if the accident seems minor. The responding officer will create a Missouri Uniform Accident Report, which becomes a critical piece of evidence. That report documents the location, weather, road conditions, the officer's assessment of fault, and any traffic citations issued.
Check for Injuries — But Do Not Diagnose Yourself
Adrenaline suppresses pain signals. Soft tissue injuries — whiplash, herniated discs, torn ligaments — often do not produce symptoms for hours or days. Internal injuries may not become apparent until much later.
Tell the responding officer about any pain, discomfort, or disorientation you feel. If you say "I'm fine" at the scene and later discover a serious injury, the defense will use your initial statement to argue the injury came from something else.
Document Everything You Can
If you are physically able, use your phone to photograph the scene from multiple angles: vehicle damage, skid marks, traffic signals, road conditions, and any visible injuries. These photographs become evidence that cannot be disputed later.
Collect the other driver's insurance information, driver's license number, and license plate. Get contact information from any witnesses. Witnesses disappear quickly — having their phone numbers is invaluable during litigation.
The First 48 Hours: Medical Documentation
Seek Medical Treatment Immediately
Visit an emergency room or urgent care within 24 hours of the accident, even if you feel fine. This creates a medical record linking your injuries to the collision. The longer you wait, the easier it becomes for the insurance company to argue that something else caused your symptoms.
Tell your doctor exactly what happened and describe every symptom — headaches, neck stiffness, back pain, numbness, difficulty sleeping. Doctors document what you report, and those contemporaneous medical records carry enormous weight in litigation.
Follow the Treatment Plan
If your doctor prescribes physical therapy three times per week, go three times per week. If they recommend an MRI, get the MRI. Gaps in treatment are the single most common weapon insurance companies use to devalue claims.
The defense argument writes itself: if the injury were truly severe, you would not have skipped two weeks of physical therapy. There may be legitimate reasons — cost, work schedule, childcare — but the gap will be used against you regardless.
Dealing with Insurance Companies
Your Own Insurance Company
Missouri requires drivers to carry minimum liability coverage of $25,000 per person and $50,000 per accident. You should report the accident to your own insurer promptly, as your policy likely requires timely notification.
If you carry uninsured or underinsured motorist coverage, it may become relevant if the at-fault driver has insufficient coverage to compensate you fully.
The Other Driver's Insurance Company
The at-fault driver's insurance adjuster may contact you within hours. They are trained professionals whose job is to minimize what the company pays. Common tactics include:
Requesting a recorded statement. You are not legally obligated to give one. Anything you say can be used to undermine your claim. "I'm feeling okay" becomes evidence that you were not seriously injured. "I didn't see them coming" becomes evidence of your own negligence.
Offering a quick settlement. Early settlement offers are almost always far below the actual value of your claim. The insurance company wants to close your file before the full extent of your injuries becomes clear.
Requesting broad medical authorizations. The adjuster may ask you to sign a medical records release. A broad authorization gives them access to your entire medical history, which they will search for pre-existing conditions to attribute your injuries to.
The safest response to any insurance adjuster contact is: "I am represented by an attorney. Please direct all communications to my lawyer."
Missouri's Comparative Fault System
Missouri follows a pure comparative fault system. This means you can recover damages even if you were partially at fault — but your recovery is reduced by your percentage of fault.
If a jury determines your damages are $200,000 but you were 20 percent at fault, your recovery is reduced to $160,000. If you were 80 percent at fault, you still recover $40,000.
This system makes fault determination critical. The police report, witness statements, photographs, and expert analysis all contribute to the fault assessment. Everything you do at the scene and afterward either strengthens or weakens your position on this question.
The Statute of Limitations
Missouri imposes a five-year statute of limitations for most personal injury claims under RSMo § 516.120. This means you must file your lawsuit within five years of the accident date.
Five years sounds generous, but investigation, medical treatment, and settlement negotiations consume time quickly. Cases filed close to the deadline face practical disadvantages — witnesses forget details, evidence deteriorates, and courts view late filings skeptically.
Starting the legal process early preserves evidence, maintains witness availability, and gives your attorney maximum leverage in negotiations.
Common Mistakes That Damage Claims
Posting on social media. A photograph of you smiling at a family event becomes defense exhibit A. Insurance companies routinely monitor claimants' social media profiles. The safest approach: post nothing about your accident, your injuries, or your activities until your case resolves.
Giving recorded statements without legal advice. Adjusters ask carefully crafted questions designed to elicit answers that can be taken out of context. Without understanding the legal significance of your answers, you may inadvertently damage your case.
Accepting the first settlement offer. The first offer is almost never the best offer. It reflects what the insurance company hopes you will accept, not what your claim is worth.
Not following through on medical treatment. Every missed appointment, every unfilled prescription, every skipped therapy session becomes ammunition for the defense.
Waiting too long to consult an attorney. Evidence disappears. Surveillance footage gets overwritten. Witnesses move. The earlier your attorney begins investigating, the stronger your case becomes.
When to Contact an Attorney
The short answer: as soon as possible after the accident. An experienced personal injury attorney can:
- Preserve critical evidence before it disappears
- Handle all communications with insurance companies
- Ensure your medical treatment is properly documented
- Evaluate the full value of your claim, including future damages
- Negotiate from a position of knowledge and strength
Most Missouri personal injury attorneys work on contingency — you pay nothing unless you recover. The consultation is free, and the legal representation costs you nothing out of pocket.
FAQ
Should I talk to the other driver's insurance company?
You are not obligated to give a recorded statement to the other driver's insurer. Politely decline and refer them to your attorney. Anything you say can and will be used to reduce or deny your claim.
What if the other driver does not have insurance?
Missouri's uninsured motorist coverage protects you in this situation. If you carry UM coverage on your own policy, you can file a claim with your own insurer. This is why carrying adequate UM coverage is so important.
How long do I have to file a claim?
Missouri's statute of limitations for personal injury is five years from the date of the accident (RSMo § 516.120). However, beginning the process early preserves evidence and strengthens your position.
What if I was partially at fault?
Missouri's pure comparative fault system allows you to recover damages even if you were partially responsible. Your recovery is reduced by your percentage of fault, but you are not barred from recovery unless you were 100 percent at fault.
How much is my case worth?
Case value depends on liability strength, injury severity, medical expenses, lost wages, pain and suffering, and available insurance coverage. No responsible attorney can give you a number without reviewing the specific facts of your case.
If you have been in a car accident, do not wait. Call OTT Law at (314) 794-6900 for a free consultation.
This article is for informational purposes only and does not constitute legal advice. Every case is different. Contact OTT Law at (314) 794-6900 for a free consultation specific to your situation.