- July 22, 2024
- Kelvin Birk
- Car Accident
Yes, you can sue and file a claim for a car accident without a police report in Missouri, but it is generally advisable to get one, especially if there are injuries or significant property damage.
Missouri does not legally require having a police report to file a lawsuit or insurance claim in some situations, and if the accident is only a fender bender and there are no injuries, you may not wish to bother waiting for and dealing with the police. However, there are times when a police report is required; even if it is not, it can be beneficial to your case by providing an official record of the accident details from an impartial law enforcement officer if you are filing a claim.
What is a Police Report?
A police report is a document made by the officer who responds to the scene of the car collision. The report summarizes the details, and can contain both the factual details of the collision and the individual observations of the investigating officer. Police reports typically contain some or all of the following information:
- Makes and models of and descriptions of damage to involved vehicles
- Insurance information for the involved vehicles and drivers
- Road and weather conditions that may have contributed to the accident
- Layout of the accident scene and positions of vehicles after the crash, if they have not been moved
- Whether traffic or law violations contributed to the accident
- Whether there was evidence of alcohol or drug use
- Eyewitness statements of what happened.
When is a Police Report Necessary?
Missouri law requires drivers to immediately report a collision to the police in certain situations. These include when:
- The property damage to the moving vehicles or a parked car is over $500
- Someone is injured or killed in the accident
- One of the drivers in uninsured.
If these situations exists, you must report the accident to the Driver License Bureau within 30 days.
Police reports can provide a great deal of information that help attorneys and insurance companies establish fault and how the accident happened, and they may be used in settlement negotiations and lawsuits. They may decrease confusion when a case involves one driver’s word against another’s, and they may serve to help identify the extent of damages. However, if the officer did not actually witness the accident, they are generally considered hearsay and therefore cannot be used as evidence in a personal injury claim unless the following conditions exist:
- The report is classified as a “public record” or “business record.”
- The officer is legally required to make the report.
Suing Without a Police Report in Missouri
Missouri allows you to sue and file a claim without a police report. However, to do so successfully, make sure to gather necessary evidence at the scene and get help from an experienced car accident lawyer.
To gather evidence, if possible, you should . . .
- Take photos and videos of the damage, vehicles involved and their positions, and road or weather conditions
- Get contact and insurance information from the other drivers
- Get witness statements and their contact information
- Take notes and make a written description of what happened
- Get medical attention and make sure everything is documented.
Getting prompt medical attention is important because these medical records documenting your injuries will be used later to build your legal claim. Some injuries take time to show up, so even if you feel like you’re okay after a car crash, it’s best to be seen by a doctor as soon as possible.
Why Get Legal Assistance
Insurance companies are out for profit and want to pay out as little as possible. If you do not have a police report that backs up your version of what happened, they may challenge your version of events, try to get you to admit that you did something to contribute to the accident, or downplay your injuries and damages in order to come up with a lower settlement amount. An experienced personal injury lawyer will know how to combat these tactics and fight for a fair settlement.
To win your case, your lawyer should do the following:
- Meet with you to discuss how the accident happened, who you think the at-fault parties may be, and consider all your damages to provide an honest assessment of your case to determine what should be fair compensation
- Investigate the accident thoroughly, gathering evidence such as photos and videos from the scene and from police, ambulance and medical reports, and interviews with witnesses and first responders
- Consult with experts in accident reconstruction and experts who can testify as to your costs, damages, and the expected effects on your life
- Negotiate aggressively with insurance companies to recover a damage award that covers both your economic (monetary) losses and your noneconomic damages that do not have a specific dollar value, but negatively impact your life.
- Build your case and take your case to trial to prove fault and win fair compensation that covers all your losses, if necessary.
Get Help from Our Car Accident Lawyers
If you or a loved one has been injured or someone has died in a car accident, the skilled and experienced attorneys at the Birk Law Firm are here to help, regardless of whether or not you have a police report. Birk Law Firm is a small firm by choice that is big on client services. You can count on attorney Kelvin Birk for strong legal counsel, from investigations to negotiations to settlement to trial, and we will fight for the compensation you deserve.
Don’t delay. Missouri has a deadline, a statute of limitations (Title XXXV section 516.120), for filing a lawsuit – the deadline is five years after the date of the accident for both personal injuries and damage to personal property. In cases where the accident resulted in death of a family member, a case for wrongful death must be filed within three years from the date of the person’s death. If you fail to file your case within these time limits, the courts are likely to refuse to hear it.
We offer a free consultation to discuss the circumstances of your accident, and there are no fees to you until we win your case, so call our Cape Girardeau car accident lawyer at 573-332-8585 today.
GET HELP NOW — CALL 573-332-8585
Attorney Kelvin Birk
Kelvin Birk is a lawyer as well as a certified public accountant, with more than 30 years of experience in accounting and tax and business consulting, and more than 20 years of experience in numerous legal matters. This combined expertise allows our law firm to provide a level of service above that of other firms. Whatever your legal situation, your attorney at Birk Law Firm can counsel you as to the tax implications. We have experience in providing myriad legal representation services to residents of southeast Missouri and other areas.. [ Attorney Bio ]
