Fault – How is fault determined in a Missouri Car Accident

1. Pure Comparative Fault
   • Missouri has adopted “pure comparative fault” as a measure to determine the recoverable amount of damages a person may recover, based on the percentage of fault of that person. In Missouri, the amount of pure comparative fault is determined for each person involved in a car accident. The injured person may recover damages that have been reduced by their own percentage of fault.
   • For example: Ann and Mike are in a car accident and Ann is injured. It is determined that Ann is 80% at fault. Damages for her injuries equal $10,000. Under Missouri pure comparative fault, Ann may recover 20% of her damages, a total of $2,000, that is, $10,000 - $8,000 (Ann’s 80% fault) = $2,000 recoverable.

Missouri Car Insurance Requirements and Limits

1. Bodily Injury Liability Minimum Coverage: Car owners in Missouri are required to show proof of insurance.
   • Personal Injury (per person for bodily injury)
     • minimum $ 25,000
   • Personal Injury (per accident for bodily injury)
     • minimum $ 50, 000
2. Property Damage
   • minimum coverage of $ 10,000 per accident for property
3. Uninsured Motorist Coverage
   • Missouri requires uninsured motorist coverage of a minimum of:
     • $ 25,000 per person for bodily injury
     • $ 50,000 per accident for bodily injury

Missouri Small Claims Limit:

If a claim for damages in a car accident is $3,000 or less it should be assigned to the small claims court of the appropriate jurisdiction in Missouri.

Missouri Personal Injury Statue of Limitations:

In Missouri, a person should bring a personal injury claim within five (5) years of the accident or within two (2) years for libel and slander or malpractice. Title 35, Ch. 516, Secs. 516.105, 516.120, 516.140.

Missouri Statues Online: Missouri Codes Online.

1. Missouri Accident and Personal Injury Laws:
   • Statue of Limitations for Personal Injury
     • Missouri Revised Statutes, Title 35, Ch. 516, §§ 516.105, 516.120, 516.140.
   • Insurance Requirements
     • Missouri Revised Statutes, Title 19, Ch. 303, § 303.190
   • Small Claims Limits
     • Missouri Revised Statutes, Title 32, Ch. 482, §482.305
   • Claims Against Public Entities
     • Missouri Revised Statutes, Title 36, Ch. 537, §537.600

Missouri Car Accident Reports

1. Police Reports
   • TO receive an official report copy of an investigation into a car accident from the Missouri State Highway Patrol, you need to make a request to the Patrol’s Traffic Division Headquarters or to any of the Patrol’s nine troop headquarters. To contact them call (573) 526-6113 no sooner than ten days after the car accident. Reports may also be viewed online. Requests for reports from car accidents investigated by local police agencies should be directed to the local police station.
2. DMV
   • For car accidents in Missouri, you must file a Missouri Accident Report only if the accident happened in Missouri, the accident happened within the last 12 months (9 months in order to determine a percentage of fault a require security for your loss), someone involved in the accident did not have insurance, and there was more than $500 in damage to one or more person’s property, or there was bodily injury or death.

Insurance Notification

Most auto insurance companies require prompt reporting of a car accident from their policy holders. If your insurance company is not notified within a VERY short timeframe, your insurance company may deny you of coverage for your car accident. Check with your insurance policy for notice requirements.