After a car accident, what you do at the scene can directly affect your health and your ability to pursue a personal injury claim. Under Missouri law (RSMo § 300.130), anyone involved in a crash must report it to law enforcement if it results in injury, death, or property damage exceeding $500, and that report must be filed within 30 days.
Even when an accident seems minor, call the police. If you were hurt by another driver’s negligence, a police report creates an official record that insurers and courts rely on. Without one, the other party’s account becomes much harder to dispute.
A car accident lawyer at Buchanan, Williams & O’Brien can protect your rights from the start. Our attorneys have recovered millions for injured Missouri drivers and negotiate directly with insurance companies to pursue the full compensation you are owed.
Document the Accident Scene
Move yourself and other occupants away from traffic. If the vehicle is drivable, get it out of the road. Then document the scene as thoroughly as possible; the evidence you gather in the minutes after a crash can be the difference between a strong claim and a disputed one.
- Get the other driver’s name, insurance information, and contact details. Do not rely on the police report alone; officers do not always capture every detail, and you want this information for your own records.
- Photograph all vehicles involved, including license plates. Capture damage from multiple angles before any vehicles are moved.
- Photograph and note any skid marks, debris, or road hazards. Physical evidence at the scene disappears quickly; document it before it is cleared.
- Document your injuries with photos or written notes. Visible injuries should be photographed immediately; bruising and swelling often worsen in the hours that follow.
- Get the name and contact information of any eyewitnesses. An independent account of what happened can be critical if the at-fault driver disputes the facts.
Be Careful What You Say
What you say after a crash can be used against you. Even a reflexive apology can be characterized as an admission of fault by the other driver’s insurer. At the scene:
- Do not admit fault or apologize. Fault is a legal determination; you do not have all the facts at the moment, and neither does anyone else.
- Do not speculate about what happened. Stick to the facts when speaking with police. Avoid offering theories or opinions about the cause of the crash.
- Do not discuss your injuries with the other driver or bystanders. You may not yet know the full extent of your injuries, and offhand comments can be relayed to insurers and used to minimize your claim.
- Remain calm and cooperative with law enforcement. Answer the officer’s questions factually and let the investigation proceed.
- Do not post about the accident on social media. Insurance companies monitor claimants’ social media activity. A single post can be taken out of context and used against you.
The moments after a crash are disorienting. Knowing what to say is just as important as knowing what to do.
Seek Medical Attention
After an accident, the adrenaline in your body can mask significant pain. People who feel fine at the scene may also experience delayed onset symptoms, such as whiplash, soft tissue injuries, or concussion, hours or days later. Do not wait to see a doctor.
A prompt medical evaluation does two things. It connects your injuries to the accident while the evidence is fresh, and it creates a medical record that supports your claim. When days or weeks pass between the accident and a first medical visit, insurers routinely argue that something else could’ve caused your injuries. Seeing a doctor immediately removes that argument before it can be made.
Your Next Steps After a Car Accident
Notify your insurance company about the accident as soon as possible. Most policies require reporting within 72 hours, and missing that deadline can jeopardize your coverage.
Do not agree to give a recorded statement to any insurance company until you have consulted an attorney. Insurers may use recorded statements to find inconsistencies and minimize what they pay out on your claim.
Frequently Asked Questions
How long do I have to file a car accident claim in Missouri?
Missouri’s statute of limitations for personal injury claims is five years from the date of the accident. However, waiting is not in your interest. Your attorney needs to act quickly to preserve evidence, including surveillance footage that may be overwritten within days, and to interview eyewitnesses while their recollections are still reliable.
What if a government entity owned the other vehicle?
If the at-fault vehicle was owned by a city, county, or state agency, the filing deadline is significantly shorter. Depending on the entity involved, you may have as little as 90 days to file a Notice of Claim.
Can I still recover compensation if I was partly at fault?
Yes. Missouri follows a pure comparative negligence rule, which means you can recover compensation even if you share some responsibility for the accident. In settlement negotiations and at trial, your recovery is reduced by your percentage of fault. An attorney can help ensure that fault is assessed accurately and that your compensation reflects the full extent of your injuries.
Schedule a Free Consultation
If you were injured in a car accident due to another party’s negligence, an experienced personal injury lawyer at Buchanan, Williams & O’Brien can help. Schedule a free, no-obligation consultation today. As we work on a contingency basis, you owe no fee unless you receive compensation.