Individuals who have recently been involved in car accidents – as well as those who have seen their auto insurance rates go up as a result of recent car accident insurance claims – often wonder: “How long do car accidents stay on your record?” The answer varies by state, but in Missouri the length of time a car accident stays on a driver’s record often depends partly on the type of reporting that was required for the initial accident. The record-keeping requirement may also differ for a driver who was found to be at-fault in causing the accident vs. for a driver whose vehicle was struck. If you have questions about your own driving record after an accident, or about the driving history of the driver who struck your car, consider scheduling a consultation with one of the experienced Missouri car accident lawyers at Steelman Gaunt Crowley to discuss the specifics of your situation. Call (573) 341-8336 today to set up your free case evaluation.
How Is Fault Determined in a Car Accident in Missouri?
If someone has filed a claim with your auto insurance provider, alleging you to be at fault for an accident in which their vehicle was damaged, you may have questions about how fault is determined in a Missouri car accident. If your car was damaged, but the accident was not your fault, you may have the same question for different reasons.
Is Missouri a No-Fault State?
Missouri is not a no-fault state for car accident claims. Throughout Missouri, the financial responsibility for damages resulting from a car accident will be determined based on the fault of the persons operating the motor vehicles involved in the accident. “Damages” typically cover such costs as medical treatment for injuries sustained in the accident, vehicle repairs or replacements, and sometimes the equivalent value of wages lost during an accident victim’s recovery period. Proof of financial responsibility is required by § 303.025, Revised Statutes of Missouri (2023), but the comparative fault rule in Missouri means that determining fault may not be as simple as a “yes or no” decision.
Comparative Fault
Missouri is one of several states in which liability for various kinds of damages is assigned on a “comparative fault” basis. Essentially, the principle of comparative fault holds that sometimes both parties may contribute to an accident, or to its severity. In some ways, comparative fault acknowledges the inverse of the reality that sometimes accidents really do happen in which nobody is to blame: Sometimes, accidents happen in which everybody involved shares some of the blame.
Insurance Company Investigations
How the relative responsibilities of all parties involved in an accident will be determined depends on the comparative fault state. In Missouri, interestingly, the determination of degree of liability is in many cases largely a function of the insurance company handling the claim for damages after an accident. According to the Missouri Department of Insurance, Financial Institutions & Professional Registration, since the state’s Supreme Court adopted the pure comparative fault model for determining liability in 1983, auto insurance providers have been allowed to undertake their own investigations into accidents. In the case of each claim, then, the insurer makes its own determination regarding the percentage of fault accorded to each party involved. The insurer will then make its initial offers of compensation based on this assessment.
Obviously in many cases the victims of auto accidents are not satisfied with the decisions reached, either by their own insurance provider or the company that insured another driver involved in the crash. Consequently it is not unusual for motorists receiving these initial offers to seek advice from a personal injury lawyer in Missouri to evaluate whether they may be able to pursue further action, either by negotiating with the insurance company or by filing a legal action in the state’s civil court system. An experienced Missouri car accident attorney with Steelman Gaunt Crowley may be able to help you evaluate the legal options available in your own car accident case.
How Do I Report an Accident in Missouri?
In most cases, it is a good idea to report any motor vehicle accident, regardless of whether such a report is immediately required by law. You may also not have a choice in whether to report an accident, if the crash impedes the flow of traffic; other drivers passing the scene of the accident are likely to call traffic safety as a precaution and courtesy. Under some circumstances, however, Missouri drivers are required to file an accident report.
Under § 303.040, Revised Statutes of Missouri (2023), Missouri motorists are required to file an accident report with the Missouri Department Revenue if all of the following conditions apply:
- The accident occurred within the state of Missouri (not an out-of-state accident)
- The accident took place within the past year
- At least one driver involved in the accident did not have liability auto insurance coverage
- The accident resulted in death, personal injury, or cumulative property damage worth more than $500
When these conditions apply, an accident report must be made to the Missouri Driver License Bureau, using the Missouri Department of Revenue’s Form 1140, within 30 days of the traffic incident.
How Long Do Car Accidents Stay on Your Record in Missouri?
The answer to “How long do car accidents stay on your record in Missouri?” will depend to some extent on the circumstances under which the initial accident report is filed, including whether an at-fault driver faces criminal charges in addition to civil liability. Misdemeanor and even felony charges may be possible when an accident is caused by a driver’s failure to follow state or local traffic laws, especially when such failure results in serious injury or death.
State law § 303.045 requires the Director of the Missouri Department of Revenue to maintain all records relating to traffic accident reports made under § 303.040 for at least one year after the related case – including unsatisfied judgements as well as driver license penalties – has been “finally closed.” The length of time a car accident record will be maintained therefore also depends partly on the length of time it takes to resolve any disputes over insurance claims and the apportionment of comparative fault for damages sustained in the accident.
Get Help Assessing Your Missouri Car Accident Record
A history of motor vehicle accidents can make a steep difference in auto insurance rates. As a result, many drivers who have seen a change in their car insurance premiums – or who dread seeing such a change reflected on their next billing statement – may wonder: “How long do car accidents stay on your record?” The answer, in Missouri, can depend on a variety of factors – one of the most important of which is the length of time it takes to resolve all claims related to damages resulting from the accident. To learn more, or to seek help from an experienced Missouri car accident attorney, call our dedicated legal team at Steelman Gaunt Crowley today at (573) 341-8336 and set up a free consultation to discuss your case.
