Detailed Answer
Short overview: After a driver runs a stop sign and hits your car in Missouri, you can make a personal injury claim against the at-fault driver’s insurance (or the driver personally). Act quickly: gather evidence, get medical care, notify your insurer, and preserve records. If the insurer refuses a fair settlement, you can sue—but you must obey Missouri’s filing deadlines and rules on allocating fault.
Step-by-step actions to protect your claim
- Safety and medical care first. Call 911. Get medical attention even if you think you are fine. Some injuries show up later.
- Call the police and get a crash report. A police report documents that the other driver ran a stop sign and helps prove fault.
- Do not admit fault. Say only factual information to police and insurers (what happened, who was driving). Avoid apologizing or speculating about blame.
- Exchange and preserve information. Get the other driver’s name, contact, insurance company and policy number, driver’s license, and vehicle plate. Collect contact info for witnesses.
- Document the scene. Take photos and videos of vehicle damage, the intersection, skid marks, broken signs, traffic signals, and visible injuries. Save dashcam, phone, or surveillance footage if available.
- Notify your insurer promptly. Most policies require timely notice. Give a factual account but do not admit fault.
- Preserve evidence and records. Keep medical records, treatment summaries, medical bills, repair estimates, receipts for out-of-pocket expenses, and pay stubs showing lost wages.
How claims and liability work in Missouri
Liability generally depends on negligence—who failed to exercise reasonable care. Running a stop sign can be powerful evidence of negligence or negligence per se (violating a traffic law). In negotiations or court, Missouri uses an approach that allocates fault between parties and reduces recovery by the plaintiff’s percentage of fault. See Missouri’s comparative fault statute: RSMo §537.765.
Deadlines — statute of limitations
For most personal injury actions, Missouri generally requires you file suit within two years from the date of injury. That deadline is set by the Missouri Revised Statutes: RSMo §516.140. Missing this deadline usually bars a lawsuit, even if you have a strong claim.
What damages you can seek
- Medical expenses (past and future)
- Lost wages and diminished earning capacity
- Property damage (repair or fair market value)
- Pain and suffering, mental anguish, loss of enjoyment of life
- In rare cases, punitive damages (if the conduct was especially reckless)
How a typical claim progresses
- File a claim with the at-fault driver’s insurer (include medical records, bills, car repair estimates, photos, and the police report).
- The insurer investigates and may offer a settlement. You can negotiate; do not sign releases until you understand future medical needs.
- If negotiations fail, file suit in the appropriate Missouri court before the statute of limitations expires.
- During litigation, parties exchange evidence (discovery). Many cases settle before trial; if not, the case proceeds to trial.
When to consider hiring an attorney
Talk to a personal injury attorney if you have:
- Serious or permanent injuries
- Disputed liability (the other driver blames you)
- Uninsured/underinsured motorist issues
- Complex coverage questions or potential large damages
- Questions about the statute of limitations or filing paperwork
Practical tips when dealing with insurers
Insurers often look to limit payments. Provide only factual statements, keep written records of all communications, and consider getting a demand letter from a lawyer if the insurer undervalues serious injuries. If the other driver is uninsured or underinsured, your policy’s uninsured motorist (UM/UIM) coverage may apply.
Where to file suit and court basics
Petitions for personal injury are typically filed in Missouri circuit courts. For smaller monetary claims, other court options may exist. An attorney or the court clerk can explain venue rules and filing requirements.
Helpful Links
- RSMo §516.140 — Statute of limitations for personal injury
- RSMo §537.765 — Comparative fault and allocation of fault
Helpful Hints
- Get emergency care right away; early documentation strengthens both medical treatment and legal claims.
- Photograph injuries and the scene within hours; evidence degrades quickly.
- Ask the police for the crash report number and how to obtain a copy.
- Keep a daily log of symptoms, medications, and doctor visits to document pain and lost function.
- Do not sign a full release or settlement until you are certain of future medical needs. Consult a lawyer first for serious injuries.
- Track all expenses and time missed from work—these are recoverable damages.
- Contact an attorney early if liability or insurance coverage is unclear—many lawyers offer free consultations and work on contingency (they get paid only if you recover).
Disclaimer: This article provides general information about Missouri law and common claim steps. It is educational only and is not legal advice. Laws change and every case is different. For advice about your specific situation, consult a licensed Missouri attorney.