Missouri Car Accident FAQ

1. Get to safety and call 911 if anyone is hurt.
2. Get a police report.
3. Get medical care, even if you feel okay.
4. Trade insurance information with the other driver.
5. Take photos of everything.
6. Get witness names.
7. Don't give a recorded statement to the other driver's insurance company until you've talked with a lawyer.

Our step-by-step guide has more detail: What to do after a car wreck in Liberty and Clay County.

If anyone is hurt or killed, call 911. Even when a crash seems minor, a police report gives you an independent record of what happened, and insurers rely on it. Missouri law also requires a driver involved in a crash to stop and give their information.

Yes, get checked out. Adrenaline can hide pain, and injuries like concussions, whiplash and internal injuries may not show up right away. If you wait weeks to get treatment, the insurance company may argue the crash didn't cause your injuries.

Ask the agency that worked the crash:

• Liberty Police Department: request through its Records Unit.
• Gladstone police: use the city's online crash report search.
• Missouri State Highway Patrol: request through its online records center, usually about 10 days after the crash.
• Clay County Sheriff's Office: contact the Sheriff's Office if it worked the crash.

Sometimes. If the crash involved an uninsured driver and someone was hurt or killed, or property damage went over the state's threshold, Missouri law (RSMo 303.040) requires a written report to the Department of Revenue within 30 days. The same applies if you were driving without insurance.

You can give basic facts like your name and contact information. But don't give a recorded statement, guess about your injuries, or sign anything before you talk with a lawyer. Adjusters are trained to look for statements that lower the value of a claim.

Not until you understand your injuries and what your future care will cost. Once you accept and sign a release, the claim is usually over for good.

Every Missouri auto policy has to include uninsured motorist (UM) coverage. Your own UM coverage may pay for your injuries when the at-fault driver has no insurance, or in a hit-and-run.

Possibly. If you have underinsured motorist (UIM) coverage, it may help make up the difference. Other policies may apply too, like an employer's policy if the driver was working. We look for every source of coverage.

That depends on your insurance company and your policy, so ask your agent. Your rates shouldn't stop you from making a claim against the at-fault driver.

Missouri is an at-fault state. Fault is decided using the evidence:

• the police report
• photos
• vehicle damage
• witness statements
• video
• phone records
• traffic laws

Insurance companies make their own decision first. If the claim goes to court, a judge or jury decides.

Yes. Missouri follows pure comparative fault, which means your recovery is reduced by your share of the blame. If you were 25% at fault, you can still recover 75% of your damages.

Usually not. Under RSMo 307.178, not wearing a seat belt isn't treated as comparative fault. It can only reduce your damages by up to 1%, and only if the other side proves with evidence that a seat belt would have prevented your injuries.

It can. Since August 28, 2023, Missouri's hands-free law has barred drivers from holding or supporting a phone while driving, and police started writing tickets on January 1, 2025. Phone records and witnesses can help show distraction.

• Most personal injury claims: five years from the injury.
• Wrongful death claims: three years.
• Claims against a city, county or the state: notice requirements can be much shorter.

Don't wait. Evidence and witnesses can disappear long before the deadline.

Most car accident cases settle without a trial. If an insurance company won't make a fair offer, Ed and Phil are trial attorneys with more than 300 jury trials between them, and they're prepared to take a case to court.

It depends on where the crash happened and where the people involved live. For a crash in Clay County, a lawsuit is often filed in the Clay County Circuit Court in Liberty.

It depends on:

• your injuries
• your medical bills now and in the future
• lost income
• pain and suffering
• who was at fault
• how much insurance is available

Anyone who gives you a number before reviewing those facts is guessing.

Depending on the case, compensation can cover:

• medical bills
• future care
• lost wages
• lost earning ability
• pain and suffering
• emotional distress
• property damage

In some cases involving reckless conduct, like drunk driving, punitive damages may also be available.

Not always. If no one was hurt and the insurance company is paying for your car fairly, you may not need one. If you were hurt, missed work, or the insurer is disputing fault, a consultation is worth it. See Do I need a lawyer after a minor car accident in Missouri?

Our consultations are free, and we work on a contingency fee. That means attorney fees come out of a recovery, not out of your pocket upfront. Ask us how fees and case costs work before you sign anything.

At Dougherty & Holloway, you work directly with Ed Dougherty or Phil Holloway. Your case isn't handed off to a case manager.