Ryan Bradley | January 28, 2026 | Car Accident \ Missouri Law
If you want to protect your potential claim in a car accident, you need to move fast. While Missouri law (Mo. Rev. Stat. § 516.120) gives you typically up to five years to file that claim, you really have 7 days to start preserving crash evidence. This also includes medical and insurance paperwork because insurance companies are notorious for disputing fault and downplaying injuries so they can reduce or prevent payouts entirely.
Bradley Law has put together a simple 7-day timeline, along with a 30 day follow-up for you to avoid the most common deadline traps we see after St. Louis car accidents. We want you to protect your claim at the onset and not have to hit potential roadblocks later on.
Deadline Trap 1: Waiting to Report the Crash (and Why “Later” Is Risky)
Whether or not you are thinking about a lawsuit, the other driver might be starting the process on their end with the help of their insurer. You don’t want them to get their version of events locked in. Filing a report immediately will give you the opportunity to correctly preserve your version of the event. It is best to record witness statements and your recollections while everyone’s recollection of the details of the accident is fresh in their minds.
There’s also a separate Missouri state-reporting requirement that can apply in uninsured-driver crashes: Mo. Rev. Stat. § 303.040 requires a written report to the Missouri Department of Revenue within 30 days for certain accidents involving an uninsured motorist (including accidents with injury/death or more than $500 in property damage), typically using Form 1140.
If police have responded to the accident, make sure you get the report number before you leave the scene, and then request a copy as soon as it’s available. If police did not respond, you need to make a report as soon as possible. Next, start organizing the basic, but important, information you’ll need later (photos, witness names/numbers, insurance information, plus a short written summary of what happened in your own words).
For the full Missouri reporting triggers, deadlines, and step-by-step Form 1140 guidance, read our comprehensive guide on accident reporting:
Quick checklist:
- Report the accident promptly so there’s an early record of the crash.
- Document all the basics right away: photos, witness contacts, and the report number (if officers respond).
- Don’t guess at what is probably required, use the full reporting guide linked above if there’s any chance the crash meets state-reporting rules.
Deadline Trap 2: Insurance Policy Notice, Cooperation Clauses, and Recorded Statements
Your own insurance policy requires you to notify your insurer promptly after an accident. Most policies include cooperation clauses. Those require you to cooperate with the investigation, provide medical records, and allow your car to be inspected. Don’t refuse or delay cooperating with your own insurer, as that can give them an excuse to deny you a payout.
What We See the At-Fault Driver’s Insurance Company Do Early
The responsible driver’s insurance company may contact you within hours or days of your crash. They’ll sound friendly and helpful, but remember, they’re businesses trying to protect their bottom line. Here’s how insurers try to cheat you out of what you deserve:
- Quick settlement offers before you know your injuries. An insurer may offer a few thousand dollars to “close the claim,” hoping you’ll accept less than you deserve.
- Recorded statements designed to minimize your injuries. An adjuster may ask for a recorded statement, hoping that you’ll say something they can use to sabotage your claim. Politely decline. You have no legal obligation to give a recorded statement to the other driver’s insurer.
- Social media surveillance. Adjusters will try to fish for information they can use against you, including on social media. They may check your Facebook and Instagram. Something as innocent as you smiling through your pain in a photo of a family gathering could be used by an insurer to argue your injuries aren’t serious.
- Early fault-shifting to reduce what they owe. An insurer may try to get you to admit you were distracted or could have done something differently. Remember that shifts of only 1% or 2% of fault could reduce your compensation by thousands under Missouri’s comparative negligence.
Speak With An Attorney About Your Case
Deadline Trap 3: Evidence Disappears Fast (Traffic Cams, Business Video, Phone Data)
The strongest evidence in a St. Louis crash case usually has a very short shelf life. Traffic and surveillance video is often overwritten quickly, and once it’s gone, there is no getting it back
The same issue applies to vehicles and phones. Repairs, towing, or salvage can wipe out valuable vehicle-condition proof and electronic crash data. Cell-phone evidence can take time to obtain through legal channels, and waiting weeks or months can make it much harder to secure these records.
If you think video, vehicle data, or phone activity could matter in your case, talk to an attorney early so preservation steps can be taken right away. Read our step-by-step St. Louis footage sources and request guide to understand what you need to do to preserve evidence. An attorney can send a letter of representation to help with this process.
Deadline Trap 4: Vehicle Repairs Can Erase Key Proof
The damage to your vehicle can help prove how the crash happened and who was at fault, but once the car is repaired, or if it is completely totaled and sent to salvage, the physical evidence will be gone.
Many cars also store pre-crash information in an event data recorder (EDR). Repairs, towing, or salvage can, unfortunately, erase or overwrite that data.
Before authorizing repairs, take thorough photos of the vehicle and scene. If injuries are serious or fault is disputed, talk to an attorney quickly so the vehicle can be documented and any EDR download can be handled promptly.
Deadline Trap 5: Treatment Gaps and “Delayed Care” Arguments
You leave the accident feeling sore but well enough to decline medical assistance at the scene. You go home, ice your neck, and decide to see how you feel tomorrow. A week later, you can’t move your head, your back is sore, and you decide it’s finally time to see a doctor.
Insurance companies love treatment gaps because they provide them with ammunition to argue that your injuries aren’t serious. After all, if they were, you’d have gone to the ER immediately. They may even claim your injuries came from a fall at home or a pre-existing condition. A gap of just a few days between the crash and your first doctor’s visit gives insurers a potential excuse to deny your claim.
Don’t let that happen. See a doctor within 24 hours, even if you feel fine. Soft tissue injuries (common in accidents) often don’t show symptoms immediately. Concussions can take days to become obvious. Seeking prompt medical care protects both your health and your legal claim.
Deadline Trap 6: Government Vehicles and Strict Notice Requirements
Relying on the five-year Missouri statute can cost you your compensation. If a city bus, police car, county truck, or any government vehicle caused your crash, Missouri laws, such as under Mo. Rev. Stat. § 82.210, generally requires you to file a notice of claim within 90 days. This deadline varies depending on the city and government body you’re suing, so prompt legal advice is crucial.
Missing the “notice of claim” can ban you from filing a lawsuit and pursuing compensation, no matter how strong your case. Courts rarely grant exceptions. If a government vehicle was involved, talk to an attorney as soon as possible to protect your rights and compensation claim.
A Simple 7-Day and 30-Day Timeline After a St. Louis Crash (Do This Now)
The first week after your crash is critical, as it can determine whether you’ll have a strong case or a weak one. Evidence disappears fast, and insurance companies are looking for any opportunity to deny or minimize your payout. Here is a timeline with your next best steps:
Within 24-48 hours:
- Call the police and get a report number
- See a doctor even if you feel fine
- Take photos of vehicle damage, the crash scene, and visible injuries
- Notify your insurance company of basic crash details
- Write down everything you remember
Within 7 days:
- Get a copy of the police report
- Send preservation letters for traffic camera footage and business surveillance (your attorney handles this)
- Collect contact information for all witnesses
- Start a file with all crash-related documents and receipts for expenses
- If a government vehicle was involved, contact an attorney immediately
Within 30 days:
- File the Missouri accident report with the state
- Follow medical treatment plan (don’t skip appointments)
- Keep all medical records, bills, and receipts organized
- Document lost wages and time off work
- If you have serious injuries, consult a St. Louis car accident attorney
Taking these steps immediately after a car accident can help to protect your legal rights and preserve the evidence you’ll need to prove your case.
When to Talk to a St. Louis Car Accident Attorney (and What to Bring)
You don’t need an attorney for every fender bender, especially if there are no injuries. But if you have serious injuries, surgery, or a hospital stay, you’ll need to protect yourself. Make sure to consult a lawyer within the first week, if possible. The same goes if the other driver’s insurance is denying fault, offering a lowball settlement, or if a government vehicle was involved. These complications make legal help necessary.
When you meet with an attorney, bring your police report (or report number), photos of vehicle damage and injuries, medical records and bills, insurance information for both drivers, witness contact information, and any correspondence with insurance companies. Most car accident attorneys offer free consultations to help you understand Missouri’s car accident laws and compensation.
You’re not committing to anything by getting an opinion and finding out about your legal options. But waiting months can mean missing critical filing deadlines and losing the evidence you need to recover damages.
Get A Free Case ReviewFAQs
What’s the deadline difference between filing a claim and filing a lawsuit?
Filing a claim means notifying the at-fault driver’s insurance company that you were injured in a crash. You submit medical records and bills, and they either accept liability and make an offer or deny the claim. Most cases settle through negotiation with the insurer without filing a lawsuit. But if an insurance company denies you a fair settlement, be prepared to go to court to get what you deserve.
Does the five-year statute of limitations start from the accident date or when I knew I was injured?
In most Missouri car accident cases, the five-year clock starts on the crash date, not when you discovered your injuries. While there’s a “discovery rule” for some cases, like medical malpractice, it rarely applies to car accidents.
Can I reopen a case if I accepted a settlement but my injuries got worse?
No, you can’t reopen a case. This is a crucial point every car accident victim must understand, or they risk getting shortchanged. Once you sign a settlement release, you can’t ask for more money, even if your injuries turn out worse or you need surgery or ongoing care later. This is why it’s critical to work with an attorney who can ensure that you don’t accept less than you deserve.
What if the other driver left the state?
Missouri courts can still have jurisdiction over out-of-state drivers who caused crashes here. If the other driver moved, you could still pursue a claim against their insurance. And if they were uninsured, you can file a claim under your own uninsured motorist (UM) coverage. Moving out of state doesn’t erase liability, but it can add complications. It’s best to let an attorney handle the jurisdictional issues.
Don’t Let Deadline Traps Sink Your Case – Contact Bradley Law Now
The difference between a strong case and a weak one comes down to what you do in the first weeks. Don’t let evidence disappear and deadlines pass. Insurance companies hope you make these mistakes that allow them to reduce, delay, or even deny your claim.
At Bradley Law Personal Injury Lawyers, we regularly secure multi-million-dollar results against major insurance companies. We know the insurance company playbook inside and out and use that knowledge against them when they’re lowballing and trying to deny you the settlement you deserve.
Contact us today for a free consultation. We can review your case, explain your options, and make sure you don’t miss any critical St. Louis car accident deadlines. When we take your case, you pay nothing unless you win and recover compensation.