Ryan Bradley | August 6, 2025 | Car Accident \ Missouri Law
Key Takeaways:
• Missouri Is an At-Fault State. The insurance company of the driver who caused your accident usually pays for damages. But if you have some responsibility for the crash, Missouri’s comparative negligence rule can reduce your payout.
• Five-Year Filing Deadline. You have five years to file an injury lawsuit and three years for wrongful death cases. If a government entity is involved in your claim, you face a strict 90-day notice requirement.
• Insurance Minimums. Missouri’s minimum auto insurance coverage ($25,000/$50,000/$25,000) might not be enough to cover serious accident injuries.
• Missouri Car Accident Damages. You could recover economic losses, non-economic suffering, and (in rare cases) punitive damages. Government claims involve compensation caps, limiting your recovery.
It all happened so fast: the crash, the hospital, and now the overwhelming aftermath. Within a day of the collision, the other driver’s insurance company is already calling with a tempting settlement offer, and you just want to be done. But don’t sign anything yet. An early settlement offer is usually an attempt by the insurer to protect its bottom line and could leave you without the compensation you need and deserve.
Missouri’s car accident laws are confusing, and the state’s fault-based system with strict deadlines means that even a small mistake could tank your claim, leaving you without compensation.
Our guide explains which deadlines you can’t miss, how Missouri handles fault determination, and what damages you can recover when someone else’s carelessness or recklessness turns your life upside down.
Is Missouri an At-Fault State? (Yes—Here’s How It Works)
Unlike some other states that work under a no-fault system, Missouri is an at-fault state. This means the driver who causes your accident is typically responsible for your damages. And the at-fault system gives you multiple paths to compensation:
• Filing a claim directly with the responsible driver’s insurance company
• Pursuing compensation through your own insurer (which then seeks reimbursement)
• Taking legal action against the at-fault driver
This flexibility can work in your favor, especially when you’re dealing with serious injuries or significant property damage. But Missouri’s car accident laws include comparative negligence, a legal concept that affects many car accident cases.
How Missouri’s Comparative Negligence Affects Your Payout
In addition to being an at-fault state, Missouri law also follows “pure comparative negligence” under Mo. Rev. Stat. § 537.765. This means accident victims can recover damages even when they are partially responsible for a collision in Missouri. In theory, you could even recover damages if you were 99% at fault for a crash. However, your compensation will be impacted by your degree of fault.
Here’s an example of how comparative negligence works in Missouri: You’re making a left turn when another driver runs a red light and slams into you. The insurance investigation determines you’re 30% responsible for failing to yield, and the other driver is 70% at fault for running the light. Your total damages amount to $100,000. Under Missouri’s pure comparative negligence law, you could now recover only $70,000 (your damages minus your 30% share of fault).
Blamed and Underpaid: The Risks of Comparative Fault
The comparative negligence calculation affects all damages in your claim, meaning medical bills, lost wages, property damage, and pain and suffering will all be reduced by your percentage of fault. Since insurance companies know this, they may try to increase your degree of responsibility for the crash to minimize their payout.
That’s why compelling evidence becomes essential in comparative negligence cases. Photos showing road conditions, witness statements about what happened, and expert accident reconstruction all influence how fault is divided. A minor detail at the accident scene might later determine whether you’re found 20% or 40% responsible. A 20% difference could mean losing tens of thousands of dollars in compensation.
Since insurance adjusters receive training specifically on maximizing your fault percentage, legal representation is essential if you have some responsibility in a crash in Missouri.
Missouri’s Car Accident Statute of Limitations
In addition to all the other issues you’re dealing with after a serious collision, you might be wondering how long you have to file a lawsuit after an accident in Missouri. Thankfully, unless a government body or employee was involved in your crash, you don’t have to rush to file a lawsuit.
Compared to other states, Missouri car accident laws give you substantial time to pursue legal action. Under Missouri’s statute of limitations (Mo. Rev. Stat. § 516.120), you generally have five years from the date of the accident to file a personal injury or property damage claim. The extended timeframe takes into account that some injuries take months or years to fully manifest and that victims need time to understand the full scope of their damages.
Wrongful death cases follow a shorter timeline compared to personal injury lawsuits. Families typically have three years from the date of death to file a lawsuit in Missouri. This deadline starts running from when the person dies (not necessarily when the accident occurred). For example, if your loved one is receiving hospital treatment for weeks after a crash before they pass away, the three-year clock runs from the date of their death.
Should You Wait to File a Car Accident Lawsuit in Missouri?
Although the five-year period for injury and property damage claims provides you with breathing room, leaving it too long to file a lawsuit can backfire. Witnesses may forget important details, and evidence such as traffic camera footage is typically deleted after only a few short weeks.
It’s always a good idea to consult with a St. Louis car accident lawyer after your accident to determine your legal options. An attorney can assess your specific circumstances to determine the best timing for filing a personal injury lawsuit.
What Are the Major Exceptions to the Standard Statute of Limitations Deadline?
While exceptions to the statute of limitations deadline are typically rare, they do exist. Here are several situations that may extend (or shorten) Missouri’s standard limitation periods:
• Minors under 21: Plaintiffs under 21 at the time of the accident have five full years after turning 21 to file a car accident lawsuit in Missouri. So if you’re injured at 18, you could wait until age 26 to pursue legal action.
• Mental incapacity: If an accident victim becomes mentally incapacitated, the limitation period pauses until they’re declared mentally competent, when the five-year clock starts running.
• Defendant leaves Missouri: If the defendant in your lawsuit flees the state after the accident, the time they spent away may not count against your limitation period. This prevents defendants from running down the clock by simply leaving the state.
• Fraudulent concealment: If the defendant destroys evidence or lies about what happened in the accident, the limitation period may be suspended until you uncover the concealment.
Car Accident Claim Against the Government? Why You Have to Act Fast
Suing Missouri government entities involves much tighter deadlines and additional administrative steps. First, you must file claims against Missouri state agencies or employees with the Office of Administration’s Risk Management Division within 90 days of your accident or injury. This 90-day requirement applies before you can file a lawsuit in court.
Municipalities may have different rules for filing a compensation claim, and federal employees involved in accidents fall under entirely different rules under the Federal Tort Claims Act. If a government agency or employee is involved in your claim, consider seeking advice from a local lawyer as soon as possible to give yourself the best chance of recovering compensation.
Speak With An Attorney About Your Case
Understanding Car Insurance Rules in Missouri
Missouri requires all drivers to carry liability insurance with minimum limits of $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 for property damage. These limits represent Missouri’s minimum auto insurance. However, when you’re severely injured or disabled, those minimums won’t be enough to protect you from the real costs of your accident.
The state also mandates uninsured motorist coverage of $25,000 per person and $50,000 per accident. Uninsured motorist insurance protects you from ending up with nothing when the crash was caused by an uninsured driver.
Unfortunately, Missouri’s insurance minimums haven’t kept pace with modern vehicle values and medical costs. A single emergency room visit can easily exceed the bodily injury minimums, leaving victims to fight for full and fair compensation in court.
What Missouri Insurance Law Doesn’t Require
Missouri, as an at-fault state, doesn’t require drivers to purchase Personal Injury Protection Insurance (PIP) coverage, unlike no-fault states. However, this puts the burden on accident victims to pursue compensation from at-fault drivers rather than relying on their own insurance for car damage, medical expenses, and wage loss coverage.
The state also doesn’t mandate several coverage types that actually provide valuable protection:
• Collision and comprehensive coverage are only required if you have a car loan
• Medical payments coverage is optional, despite its usefulness for immediate medical bills
• Underinsured motorist coverage isn’t legally required
MedPay vs. PIP: Understanding Your Options
Medical Payments Coverage (MedPay) is an optional coverage in Missouri that ranges from $1,000 to $10,000 and covers medical expenses regardless of fault. This coverage acts as supplemental insurance, helping with health insurance deductibles and copays after accidents. However, MedPay won’t pay for your other damages, like income loss and property damage.
PIP, on the other hand, offers broader coverage than MedPay, including medical expenses, lost wages, and other benefits. That said, PIP also tends to be more expensive than MedPay.
In a nutshell, MedPay is a budget-friendly option for basic protection, while PIP covers medical costs plus income replacement and essential services, and provides more comprehensive protection. Both coverages operate on a no-fault basis, giving you added security in addition to Missouri’s minimum auto insurance coverage, regardless of who caused the accident.
What To Do Right After a Crash—A Step-by-Step Guide
The moments following a car accident can be chaotic, but taking the right steps protects both your health and your legal rights. What you do in those first crucial minutes, hours, and days after a crash can determine how smoothly your insurance claim and potential lawsuit will proceed. Here’s what to do if you’re involved in a collision in Missouri:
• Ensure everyone’s safe. Move your vehicle out of traffic if possible. Dial 911 for law enforcement and, if you or any other parties are injured, ask for medical assistance.
• Don’t skip calling the police. Under Missouri law, you must file a police report for accidents involving injury, death, or property damage over $500. That said, even minor fender-benders can benefit from official documentation, especially if fault is disputed.
• Document everything. Documenting as much as possible while you’re still at the scene can pay off later. If you’re able, take photos of vehicle damage, the accident location, road conditions, traffic signs, and any visible injuries.
• Exchange information. Make sure to exchange driver information with all parties before anyone leaves the scene. You’ll need names, phone numbers, insurance companies, and policy numbers (if possible). Ask witnesses for contact information, as their statements could be essential for your compensation claim.
• Avoid admitting fault. Don’t be tempted into small talk after a crash. It’s best to stick to basic facts when talking with other drivers and police. Innocent statements, like “I’m sorry” or “I didn’t see you,” could be interpreted as admitting guilt.
• Seek medical attention promptly. Car accident injuries, like whiplash or traumatic brain injury (TBI), may not show symptoms for days. Don’t wait until you’re in pain to see a doctor. Getting checked out immediately documents your injuries and creates a record linking your injuries to the accident, which is vital for your claim.
• Report the accident to your insurance company. Car accident policies generally require prompt notification, usually within the first few days. Provide basic facts but avoid giving recorded statements until you understand your coverage and legal options.
Finally, if you suffered severe injuries in a crash or your accident is complex (involving several vehicles, complicated liability, or a commercial vehicle), consider seeking legal advice as soon as possible. When the stakes are high, a St. Louis car accident lawyer can ensure that an insurance company isn’t taking advantage of you while you’re at your most vulnerable.
How to Prove Liability in a Missouri Car Accident
Winning a Missouri car accident case requires proving four essential legal elements. Those elements establish liability by connecting the other driver’s actions to the accident and your injuries. In essence, you must prove that the other driver owed you a duty of care, that they violated that duty, and that this violation directly caused you harm. Here’s how that looks in detail:
• Duty. All road users have a legal duty to others. For vehicle drivers, this entails taking reasonable care and driving safely, following traffic laws, and maintaining control of their vehicle.
• Breach. If another driver acts carelessly behind the wheel, like speeding, texting, running red lights, or driving under the influence, they breach their legal duty.
• Causation. To hold a driver accountable for your injuries and losses, their careless act, such as texting or speeding, must be the direct cause of your accident.
• Damages. To seek compensation, your losses must be tangible, such as medical bills, lost income, property damage, or pain and suffering.
Evidence, such as a police report and witness statements, is the backbone of proving liability. Medical records should show a strong link between your injuries and the crash. Employment records and receipts must clearly document your financial losses, such as medical expenses and wage loss.
Damages You Can Recover in Missouri
Under Missouri’s car accident laws, victims may be able to pursue three categories of damages. It’s crucial that you understand the full scope of compensation available and don’t settle for less than what you’re owed.
Economic Damages: The Financial Impact of a Crash
Economic damages cover the concrete financial impact of your accident. This includes current and future medical expenses, such as emergency room visits, surgery, ongoing rehabilitation, and therapy. You could also recover lost wages, which may encompass time missed from work after the accident and reduced earning capacity if your injuries prevent you from returning to your previous job or working the same hours.
Property damage also falls under economic damages. Depending on the accident, property damage covers vehicle repairs or replacement, personal items damaged in the crash, and transportation costs (rental car, Uber, etc.).
Since economic damages also cover a range of miscellaneous out-of-pocket costs, don’t forget to retain receipts for over-the-counter medications, parking fees at medical appointments, prescription medications, and medical equipment needs. Even small amounts add up quickly, and you’re entitled to all accident-related expenses.
Non-Economic Damages: Compensation for Your Suffering
Non-economic damages address the human impact of your accident that can’t be quantified through dollar amounts and receipts. And since pain, emotional trauma, and disfigurement can prove just as debilitating as physical injuries, they qualify for compensation like your medical bills. Common non-economic damages include:
• Pain and suffering, such as physical discomfort and mental distress from your injuries
• Loss of enjoyment of life, like being unable to participate in hobbies and activities you once loved
• Emotional distress, such as anxiety, depression, and trauma, following the accident
• Disfigurement and scarring that permanently change your appearance.
Serious injuries don’t just affect the victim but cause ripple effects through entire families. That’s why spouses can recover loss of consortium damages for the companionship, intimacy, and support they’ve lost when their partner gets badly hurt or suffers a disability.
Punitive Damages: Only in Egregious and Willful Conduct
Missouri car accident damages may include punitive damages, designed to punish defendants for willful, egregious, and recklessly negligent conduct. They seek to deter similar behavior in the future. Punitive damages are rarely awarded in car accident claims. However, Missouri courts occasionally award punitive damages in cases involving drunk driving, road rage, or other extreme misconduct.
Missouri law, specifically Mo. Rev. Stat. § 510.265, caps punitive damages at the greater of $500,000 or five times your compensatory damages. Let’s say you receive $200,000 in compensatory damages. In that case, your punitive damages could reach $1 million.
Missouri-Specific Damage Limitations
Under state law, claims against Missouri government entities face significant caps. Per Mo. Rev. Stat. § 537.610, government liability in personal injury claims is currently capped at $300,000 per person and $2 million per incident. These limits increase annually based on inflation. These limits apply to claims against state agencies, counties, cities, and other public entities.
You also cannot recover punitive damages against a government entity. This means that even if a government employee acted willfully or maliciously, your compensation is limited to economic and non-economic damages within the caps.
How Insurers Try to Undervalue Claims (and How We Counter)
Remember that insurance companies are not your friend. They are businesses, meaning their profits depend on paying out as little as possible. Common strategies employed by insurance companies to undervalue your claims include rushing you to accept a quick offer before you understand the full extent of your injuries, questioning the necessity of your medical treatments, or arguing that your injuries aren’t accident-related.
At Bradley Law Personal Injury Lawyers, we know the tricks of insurance companies. We level the playing field by countering these tactics with our proven strategies. Our legal team can document all your damages, work with medical experts to establish injury connections, and refuse lowball offers that would leave money on the table.
We’re always trial-ready, and Missouri insurance companies know they’ll face tenacious litigators who’ve secured record-breaking motor vehicle accident verdicts. When insurers see skilled and trial-proven legal counsel, they recognize you’re prepared to fight for maximum recovery rather than accept whatever they offer. Most insurers would rather negotiate than face us in court.
Missouri Car Accident Reporting Requirements: Police, DOR, and When You Must File
Missouri’s car accident laws require crash reporting. Skipping reporting can jeopardize your legal rights and even lead to a license suspension. Understanding when and where to file also protects your ability to pursue compensation. Car accident reporting in Missouri involves two types of reports:
1. Police Report: This is filed by law enforcement when responding to an accident involving injury or death, property damage over $500, or uninsured drivers.
2. Department of Revenue Accident Report (Form 1140): This report must be filed by you within 30 days if the crash involved an uninsured motorist.
Make sure to keep copies of all reports and filing confirmations, as they can be evidence for insurance claims and lawsuits.
When to Hire a Missouri Car Accident Lawyer
Not every accident requires legal representation. However, knowing when to hire a car accident lawyer can make the difference between recovering a fair settlement or walking away with a payout that doesn’t even cover your medical costs. In determining whether to hire a lawyer, the three most important factors are injury severity, financial losses, and insurance company behavior. Here’s when hiring a lawyer is vital:
• You suffered serious injuries or disabilities. The medical and ongoing care costs for significant injuries can be astronomical. And if an accident leaves you disabled, you may need costly medical devices and even modifications to your home and vehicle. In such high-stakes claims, hiring a St. Louis car accident lawyer to represent you is essential.
• Financial stakes are high. Do your medical bills exceed $10,000, you’re missing significant work time, and you’re dealing with multiple insurance policies? These scenarios all demand professional help.
• Insurance companies are dragging their heels. Are you getting pressured into a quick settlement, or is an insurer trying to blame you for the accident? Let an attorney handle an unscrupulous insurance company so you can concentrate on your recovery.
• Multiple parties are involved. Did you get hurt in a trucking accident or a multiple-vehicle pileup? Or maybe a government entity is responsible for your crash? An attorney will be able to better protect your rights in such complex claims.
Red flags that should have you pick up the phone and call an accident attorney immediately include adjusters calling hours after your accident with lowball offers, being told you don’t need a lawyer, or feeling coerced into signing documents. When an insurer rushes you to settle fast, they are trying to close your case before you understand the true worth of your claim.
FAQs – Missouri Car Accident Laws
Can I sue for punitive damages if the other driver was drunk?
Possibly, but punitive damages are generally rare in Missouri car accident cases. You’ll need to prove, with clear and convincing evidence, that the driver acted with malicious intent or reckless disregard for safety.
What happens if my medical bills exceed the other driver’s insurance limits?
You can pursue the at-fault driver personally for damages exceeding their policy limits, but they may only have limited assets. This is why having adequate uninsured/underinsured motorist coverage can be essential, as it covers the gap when the at-fault driver’s insurance falls short.
Do I have to use the insurance company’s preferred Missouri repair shop?
No. You are free to choose your own repair facility in Missouri. Insurance companies may recommend shops they work with, but you’re not required to use them.
Can passengers in my car sue me if I caused the accident?
Yes, they could. But in the first instance, your passengers would file claims against your liability insurance. Your insurance should cover their medical bills and other damages up to your policy limits. If you don’t have sufficient insurance coverage, injured passengers could potentially file a personal injury claim against you.
What if the other driver doesn’t have a Missouri license or insurance?
You can still file a claim if they have valid out-of-state insurance. And if they’re completely uninsured, your uninsured motorist coverage should cover your damages.
How long does it take to settle a car accident claim in Missouri?
Every accident is different. However, straightforward claims with clear liability and minor injuries may settle quickly, potentially even within a couple of months. Complex cases involving serious injuries, disputed fault, or multiple parties can take a year or longer, especially if they go to trial. Rushing the process is usually not in your best interests, as settling too quickly can mean accepting less than your claim’s worth.
Free Missouri Car Accident Law Resources – Downloadable Checklist
Emotions run high after an accident, and it’s easy to forget the vital steps that protect your legal rights and can maximize your compensation. Our comprehensive checklist ensures you gather essential evidence and follow proper procedures, even when you’re in shock. Consider keeping this checklist with you in your vehicle so you’re always prepared.
Injured in a Missouri Car Crash? Bradley Law Has Your Back
Why struggle with Missouri’s complex car accident laws when you could be recovering from your ordeal? We can handle all legal aspects of your case while you concentrate on your health and well-being. Bradley Law Personal Injury Lawyers has been fighting for Missouri accident victims for over two decades, securing more than $100 million in settlements and verdicts.
We’ve set state records, including the largest motorcycle accident recovery and the largest wrongful death settlement for a child in Missouri history. Our AV-rated Missouri attorneys know how to counter insurance company tactics, prove liability, and maximize your compensation.
Don’t settle for less, and let insurance companies take advantage of you. Get started today with a free case review. If we take your case, there’ll be no upfront costs and no fees unless we win.