What should I do after a car accident in Missouri?

Missouri is an at-fault state with pure comparative negligence adopted in Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983) (en banc).

1. Immediate Steps at the Scene

Stop and exchange information (R.S.Mo. § 577.060). Hit-and-run with injury is a felony.

Render reasonable aid.

Call 911 for injuries.

2. Mandatory Reporting

Police: Required for injury, death, or damage to any one person's property exceeding $500 (R.S.Mo. § 303.040).

Form 1140 (Driver's Crash Report): Within 30 days to the Department of Revenue if not investigated by police.

Notify insurer.

3. Minimum Liability Insurance

Effective July 1, 2023: 25/50/25 under R.S.Mo. § 303.190 (raised from 25/50/10). Uninsured Motorist of $25K/$50K is also mandatory.

4. Pure Comparative Negligence

Missouri's Gustafson rule allows recovery regardless of plaintiff's fault percentage — damages reduced proportionally even at 99% fault.

5. Statute of Limitations — Notably Long

Personal injury: 5 years (R.S.Mo. § 516.120(4)) — among the longest in the U.S.

Property damage: 5 years (§ 516.120(4)).

Wrongful death: 3 years (R.S.Mo. § 537.100).

Claims against public entities: 90-day notice to municipalities/political subdivisions; State Tort Claims under sovereign immunity exceptions in R.S.Mo. § 537.600.

6. Damages Caps

Missouri imposes a non-economic damages cap of $400,000 (or $700,000 catastrophic) in medical malpractice cases (R.S.Mo. § 538.210), but no cap in ordinary auto cases since Watts v. Lester E. Cox Med. Centers, 376 S.W.3d 633 (Mo. 2012) (in non-medmal context).

This is legal information, not legal advice.