If you’ve been involved in a car accident in Missouri, understanding the state’s car accident laws is essential for protecting your rights and getting the compensation you deserve. Missouri law impacts everything from reporting an accident and determining fault to dealing with insurance companies and filing a claim. An experienced St. Louis car accident attorney can help you recover fair compensation after experiencing a preventable wreck.
Missouri is an At-Fault State
Missouri follows an “at fault” system for car accidents, which means the driver who causes an accident is legally responsible for any resulting damages or injuries. After a crash, the at-fault driver (and their insurance company) can be required to pay for medical bills, repairs, and other losses of the victims. If you’re involved in a Missouri accident, you can file a claim directly with the other driver’s insurer or take the at-fault party to court. Our personal injury attorney in St. Louis can assist with any legal proceedings and fight for justice on your behalf.
Statute of Limitations
In Missouri, you typically have five years from the date of the accident to file a lawsuit for personal injury or property damage. This is known as the statute of limitations.
516.120. What actions within five years. — Within five years: (4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated
However, there can be exceptions that change the deadline, such as when the injured person is a minor or if the defendant leaves the state for a period of time. It’s always wise to check with an experienced attorney about your specific deadline because if you fail to file on time, you won’t be able to recover any compensation.
Pure Comparative Negligence
Missouri uses pure comparative negligence in car accident cases. This means that more than one party can share the blame for an accident, and even if you’re partially at fault, you can still recover compensation. However, your compensation will be reduced by the percentage of fault assigned to you.
2. Defendant may plead and prove the fault of the plaintiff as an affirmative defense. Any fault chargeable to the plaintiff shall diminish proportionately the amount awarded as compensatory damages but shall not bar recovery.
For example, if you were 20% responsible for the crash, you can only collect 80% of your total damages. Even if you were mostly at fault, you are still allowed to recover some damages under this rule. This system makes it especially important to accurately establish each driver’s percentage of responsibility in any car accident case.
Uninsured Motorist Coverage in Missouri
In Missouri, every auto insurance policy must include uninsured motorist (UM) coverage by law. This protection is meant to help you if you’re injured in a crash caused by a driver who has no insurance or in a hit-and-run accident where the other driver can’t be identified.
379.203. Automobile liability policy, required provisions — uninsured motorist coverage required — recovery against tort-feasor, how limited. — 1. No automobile liability insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto, or in the case of any commercial motor vehicle, as defined in section 301.010, any employer having a fleet of five or more passenger vehicles, such coverage is offered therein or supplemental thereto, in not less than the limits for bodily injury or death set forth in section 303.030, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death, resulting therefrom. Such legal entitlement exists although the identity of the owner or operator of the motor vehicle cannot be established because such owner or operator and the motor vehicle departed the scene of the occurrence occasioning such bodily injury, sickness or disease, including death, before identification. It also exists whether or not physical contact was made between the uninsured motor vehicle and the insured or the insured’s motor vehicle.
If you find yourself in this situation, UM coverage allows you to file a claim with your own insurance company to receive the compensation needed for medical expenses, lost wages, and other damages related to the accident. This ensures that you are not left bearing the financial burden caused by another driver’s lack of responsibility.
Reporting Requirements After a Car Accident in Missouri
After a car accident in Missouri, you are required to report the crash to law enforcement – either the Missouri State Highway Patrol or your local police department – if anyone is injured or if the property damage appears to be more than $500.
303.040. All motor vehicle accidents to be reported — director to notify all other parties, contents — parties to furnish information — nonresident requirements. — 1. The operator or owner of every motor vehicle which is involved in an accident within this state, including a nonresident operator or owner of a motor vehicle, or the owner of a legally or illegally parked car which is in any manner involved in an accident within this state, with an uninsured motorist, upon the streets or highways thereof, or on any publicly or privately owned parking lot or parking facility generally open for use by the public, in which any person is killed or injured or in which damage to property of any one person, including himself, in excess of five hundred dollars is sustained, and the owner or operator of every motor vehicle which is involved in an accident within this state if such owner or operator does not carry motor vehicle liability insurance shall, within thirty days after such accident, report the matter in writing to the director.
Filing a report creates an official record of the accident, which can be essential for insurance claims and any future legal proceedings.
If you’ve been in a car accident and aren’t sure where to turn or are confused about the laws, our team is here to help. Reach out today to schedule a free consultation.