How Long Do I Have To File a Claim for My Car Accident in Missouri?
How Long Do I Have To File a Claim for My Car Accident in Missouri?
After you or a family member are involved in a car accident, the countdown begins. The sooner you begin taking action toward making your claim, the better. You only have a certain amount of time to make a claim, and that time limit is determined by your state's statute of limitations. In personal injury claims, the statute of limitations in Missouri is five years. The five-year countdown typically begins the date of the accident. However, there are certain exceptions.
Missouri Revised Statute §516.140 states that there is a five-year limitation on any actions for any "injury to the person or rights of another, not arising on contract," and not otherwise mentioned in the states' statutes.
Meaning, that in order to file a lawsuit for injuries sustained in a car accident, slip and fall, product liability claim, or any other case or any other type of negligence, you have five years from the date the negligence occurred to file an initial complaint in court. If you miss this deadline and try to file anyway, the defendant can file a "motion to dismiss," which will be granted in most cases.
While the statute of limitations applies to court filings, filing a claim with an insurance company quickly after your injury is still vital. If the deadline is approaching or has already past, your ability to negotiate for more money will be greatly diminished, as the other side will not have the threat of an expensive and lengthy trial hanging over their heads.
Exceptions to the Five-Year Statute of Limitations in Missouri Personal Injury Claims
There are four other important exceptions to the Missouri statute of limitations:
- Missouri Revised Statute §516.170 — If you were under the age of 21 or were "mentally incapacitated" at the time the negligence occurred, you have five years from the date of your 21st birthday or the date the disability was removed.
- Missouri Revised Statute §516.200 — If the person you are making a claim against leaves the state of Missouri after the negligence occurred, their time out of state does not count against the five years.
- Missouri Revised Statute §537.100 — Wrongful death claims can be brought within three years of your loved one's death.
- Claims Against the State Government — Any claim against a government entity in Missouri must be filed within 90 days of the accident with the Missouri Office of Administration's Risk Management Division.
If you are afraid that the statute of limitations for your claim may have passed, you should still talk to an attorney to see if any of the exceptions apply to you.
Why Should I Pursue Compensation After My Car Accident?
Why Should I Pursue Compensation After My Car Accident?
Nobody who is injured in a car accident is glad to go through months of waiting, negotiating and battling in court just to receive fair compensation for their damages. In fact, you may even be hesitant to initiate a claim at all or even think about pursuing a monetary settlement after being in a car accident in St. Louis.
It is natural to feel uneasy or unsure about the prospect, but the truth is that Missouri civil tort law was written to protect you and others like you who have been harmed and suffered loss because of someone else's negligence. You did not deserve to be harmed in a car accident, and it should not fall on you to cover the financial expenses and losses that follow. It would be unfair for you to foot the bill when you have already suffered and have not done anything wrong.
On the other hand, when your injuries and other damages are severe, collecting a settlement may seem unfair. After all, there is no amount of money in the world that can take away the suffering and anguish you have had to endure. Though it will not undo the trauma or reverse the crash from happening, receiving compensation in your Missouri car accident case can make a major difference in your life following the crash. Receiving a settlement can:
- Help you get and pay for the medical treatment and care you need to recover fully, including long-term and ongoing therapies to help you manage your condition
- In your daily life, help you make ends meet or allow you to stay on budget as planned, replacing income lost in your time away from work
- Make you whole again, the compensation acting as a best-available substitute for your well-being
- Make room for you to recover mentally and physically by reducing practical and financial stress
- Provide a sense of closure and acknowledge your experience
- Renew your sense of justice and the law
- In a wrongful death case where your family member was killed in a car accident in Missouri, ease the financial burden of losing a source of financial support
However, in order to receive a settlement or court judgment for a sum that does your pain and loss justice and makes you adequately whole again, you will most likely need a skilled St. Louis car accident lawyer fighting for you every step of the way. The insurance company has a team dedicated to minimizing their financial responsibility and they often fight hard to avoid paying a fair settlement for your St. Louis car accident.
You should have the same dedicated and tactical support in demanding the compensation you are allowed under Missouri law. You need an experienced St. Louis car accident lawyer to protect your rights and maximize your recovery. Burger Law's St. Louis personal injury law firm has been winning claims for car accident victims for more than 20 years and will demand full payment from the at-fault party's insurance company. Our work is not over until they pay. Call (314) 500-HURT to get a free consultation with one of our winning Missouri car accident attorneys.
Should I File a Car Accident Claim if My Friend or Family Member Was At Fault?
Should I File a Car Accident Claim if My Friend or Family Member Was At Fault?
When dealing with the already difficult legal process of obtaining a recovery after a car accident, things can be made even more uncomfortable when the party responsible for your injuries is someone you know. Still, the pros far outweigh the cons and when you have injuries and other damages, in most cases filing a claim against your at-fault friend or loved one is the best option.
Filing an injury claim is NOT the same as filing a lawsuit or suing your friend or family member. By making a claim, you are requesting fair compensation for the damages you have suffered from their insurance company. We all pay for insurance for this very reason. We pay premiums every year so that, in the event of an accident, the insurance company is there to cover emergency expenses. When you are hurt in a car wreck because someone else made a mistake, regardless of your relationship to that person, you should not be on the hook for your medical bills and other damages.
Understanding Missouri Car Accident Insurance Rules
Missouri state law requires vehicle owners to have car insurance so that, in the event of an accident, those who are injured have the means to collect a recovery for the expenses and losses incurred as a result of the auto accident. Missouri falls under the category of an "at-fault" state as opposed to a "no-fault" state, which means that state law requires drivers to carry liability coverage and, when you get in an accident, it is the at-fault party's responsibility to pay for your damages. Some states, by contrast, require everyone to instead carry personal injury protection insurance. In these states, you would use your own insurance policy to cover your damages, regardless of who is responsible for the collision.
When you select an insurance policy, your policy will have specific policy limits. Policy limits refer to the maximum amount of money your insurance company will pay out for an auto accident. To make sure that the at-fault driver has an insurance policy that will adequately cover your St. Louis car accident damages, Missouri law requires drivers to carry liability insurance with policy limits of at least:
- $25,000 minimum coverage for bodily injury per person
- $50,000 minimum coverage for bodily injury per accident
- $25,000 (Missouri)/$20,000 (Illinois) minimum coverage for property damage
Assuming your friend or family member is following the rules, they will have enough coverage to compensate you for your injuries. If your damages exceed their policy limits, an auto crash lawyer like those at Burger Law can help you file an underinsured motorist claim with your own insurance company.
Whatever the circumstances, talk to a car accident lawyer first. Each case is different, and our experienced and savvy St. Louis, Missouri car accident lawyers know how to maximize your financial recovery by pursuing all available forms of compensation and using the law to your benefit. Get in touch with a St. Louis car accident lawyer online or call (314) 500-HURT now.