Car accidents in Missouri: what to do and who pays

At the scene and reporting a crash in Missouri

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police

Call 911 if anyone is hurt. If a crash injures or kills someone or damages another person's property, you must stop and give your name, address, license plate number and driver's license number to the other party or a police officer; if no officer is nearby, give it to the nearest law enforcement agency. Leaving without doing this is a crime (RSMo § 577.060). We found no Missouri rule that requires every driver to call police after every crash.

Report to the state

If the crash involves an uninsured driver and anyone is hurt or killed or any one person's property damage is over $500, or if you yourself had no insurance, you must send a written report to the Missouri Department of Revenue within 30 days.

Deadline for your report

30 days

Law

RSMo §§ 577.060, 303.040

Official text

Read the official text

First 24 hours after a crash in Missouri

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in Missouri

Missouri is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

System

Fault (tort)

PIP, benefits and when you can sue

No PIP. Liability insurance pays for injuries and damage you cause when the crash is your fault (Missouri Department of Commerce and Insurance).

Law

RSMo §§ 303.025, 303.190

Official text

Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in Missouri

Rule

Pure comparative

What it means

In Missouri, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault.

Law

Missouri adopted pure comparative fault in 1983 (Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983)); confirmed by the Missouri Department of Commerce and Insurance auto FAQ.

Compare every state's rule in the comparative negligence table.

Who pays in Missouri: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in Missouri

Liability minimum

25/50/25

Uninsured / underinsured motorist (UM/UIM)

Uninsured motorist coverage of at least $25,000/$50,000 must be included in every policy (RSMo § 379.203). It covers bodily injury only, including hit-and-run, not damage to your car (DCI FAQ).

Official text

Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in Missouri

For crashes handled by the Missouri State Highway Patrol, wait 10 days after the crash, then submit an online records request; the fee is $6 per basic crash report (no cash). The Patrol reports a backlog. For crashes handled by city police or a sheriff, ask that agency. https://apps.mshp.dps.mo.gov/MSHPWeb/PatrolDivisions/PRD/TrafficCrashReports/PRDCrashReports.html

You can also ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in Missouri

How fast insurers must act

Insurers must acknowledge claim communications within 10 working days (20 CSR 100-1.030), finish investigating within 30 days unless they can't reasonably do so, and tell a first-party claimant whether the claim is accepted or denied within 15 working days after getting all needed forms (20 CSR 100-1.050). Improper claims practices are listed in RSMo § 375.1007.

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer, within 10 working days for Missouri where our data gives a day count.

If the other driver has no insurance in Missouri

Report your injuries under your uninsured motorist coverage. The Department of Commerce and Insurance says to contact the Department of Revenue Drivers License Bureau at 573-751-7195, which enforces the insurance law. Driving uninsured is a misdemeanor; the court notifies the Department of Revenue and can suspend the driver's license (RSMo § 303.025).

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in Missouri

Property damage (your car)

5 years

Injury

5 years

Notes, including claims against a government

Claims against Missouri government bodies are limited, and some cities require written notice of an injury within 90 days.

Law

RSMo § 516.120(4)

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in Missouri

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in Missouri

Small claims limit

$5,000.

Missouri small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in Missouri

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

• Missouri Department of Commerce and Insurance, Consumer Affairs · 800-726-7390

Free help in Missouri

• Missouri DCI: Auto insurance FAQs · 800-726-7390
• Missouri DCI: Insurance complaints · 800-726-7390

Good to know in Missouri

• The Department of Commerce and Insurance says no Missouri insurance statute requires the other driver's insurer to pay for a rental, but it should cover a rental as part of your damages if you have no other vehicle, at least until it decides the loss on your car.
• The Department cannot decide who was at fault; if you disagree, you can go to court or claim under your own policy (DCI FAQ).

Free letters

Questions about car accidents in Missouri

Other states