What to do next after you get the crash report: moving a personal injury claim forward in Missouri
Short answer: Use the crash report as a starting point. Get and keep medical records, preserve other evidence, notify your insurer (and the at-fault insurer if appropriate), prepare a clear demand package, negotiate, and—if necessary—file suit before Missouri’s statute of limitations runs. Consider consulting an attorney early if injuries are serious, liability is disputed, or the insurer delays or undervalues your claim.
Detailed answer — step-by-step guide
1) Prioritize medical care and documentation
Always seek medical attention right away for any injury. Emergency care and early treatment are important for your health and for proving causation and damages. Keep all medical records, imaging, bills, prescriptions, therapy notes, and disability or work status information. Insurance companies treat contemporaneous medical records as highly persuasive evidence.
2) Preserve the crash report and related evidence
Keep a certified copy or original of the police crash report. Also preserve:
- Photographs of the scene, vehicles, road signs, skid marks, and visible injuries
- Contact information for witnesses and any written witness statements
- Vehicle repair estimates and receipts
- Any dashcam, phone, or surveillance video
3) Notify your insurance company and the at-fault insurer
Report the crash to your insurer as required by your policy. If another driver was at fault, you can file a third-party claim with that driver’s liability carrier. Provide facts, the crash report, and authorizations for medical records when asked. Keep good notes of every call, including dates, times, names, and what was said.
4) Create a clear chronology and damages summary
Prepare a neutral chronology describing what happened (date/time/location), the injuries, treatment timeline, and how injuries affected daily life and work. Tally your economic damages (medical bills, lost wages, repair costs) and give a reasoned estimate of non‑economic damages (pain and suffering). Attach supporting documentation.
5) Send a demand package
A demand package typically includes the crash report, photos, medical records and bills, wage statements, repair estimates, a liability explanation, and a demand letter stating the settlement amount you seek and the basis for that figure.
6) Negotiate, document offers, and be cautious with recorded statements
Insurers often respond with a low offer. Counter with objective documentation. Never sign medical releases beyond the claims file or give recorded statements without knowing why the insurer needs them; consult an attorney before making statements that could be used to deny or reduce your claim.
7) Know when to hire an attorney
Talk to a personal injury attorney if:
- You have serious or permanent injuries
- Liability is contested
- Multiple parties, commercial vehicles, or uninsured motorists are involved
- The insurer refuses to pay reasonable value for your losses
8) If negotiations fail, preparing to sue
If settlement negotiations do not resolve the claim, your next step may be filing a lawsuit in the appropriate Missouri court. Filing begins a formal process of pleadings, discovery, and potentially trial. Filing is governed by Missouri procedural rules and subject to strict deadlines.
9) Watch the statute of limitations
Missouri law sets deadlines for bringing personal injury lawsuits. For most personal injury claims, you must file within five years of the date of the injury. See Mo. Rev. Stat. § 516.140 for the controlling statute. Missing this deadline can bar your claim, so act promptly if settlement stalls.
10) Special situations to watch for
- If a government vehicle or employee caused the crash, different notice rules and shorter deadlines may apply—investigate immediately.
- Medical providers, health insurers, and government health programs (e.g., Medicare or Medicaid) may assert liens or subrogation rights against your recovery; keep track of payors and liens.
- Uninsured/underinsured motorist (UM/UIM) coverage: review your policy to see if additional coverage is available for recovery if the at-fault driver lacks sufficient insurance.
Helpful Hints
- Keep a single organized file (physical or electronic) with the crash report, medical records, bills, correspondence, photos, and notes of conversations.
- Take photos of injuries over time to document healing or persistent harm.
- Request and obtain your full medical records—billing records alone won’t show treatment detail.
- Get wage verification from employers for any lost-work claims (pay stubs, payroll statements, or employer letters).
- Don’t sign settlement documents or releases until you understand what rights you give up. Consider legal review for settlements over minor amounts too.
- Be mindful of social media. Insurers often look for posts that may be used to argue your injuries are less serious than claimed.
- If you hire an attorney, ask about fee structure, costs, and how lien resolution will be handled.
- Act quickly on time-sensitive matters (medical liens, government notice requirements, and the statute of limitations) — delays can reduce or eliminate recovery options.
Disclaimer
This article is for informational purposes only and is not legal advice. It does not create an attorney‑client relationship. Laws change and every case has unique facts. For advice about your specific situation, consult a licensed Missouri attorney.