What to Do in the First 30 Days After an Accident

First 24 Hours After a Crash

The actions you take in the first 24 hours after an accident can determine whether you recover full compensation — or settle for a fraction of what your case is worth. Here is exactly what to do.

1. Get medical attention — even if you feel fine

Adrenaline masks pain. Whiplash, traumatic brain injury, internal bleeding, and soft-tissue injuries frequently don't become symptomatic for 24–72 hours. If you skip immediate medical evaluation, insurers will argue your injuries either didn't happen or weren't caused by the accident.

2. Call 911 — always

An official police report is the foundation of your insurance claim. Missouri law requires you to report accidents involving injury, death, or property damage over $500. The report documents the scene, weather, road conditions, and initial fault determinations while the evidence is fresh.

3. Document everything at the scene

• Photograph all vehicles from multiple angles, including license plates
• Capture skid marks, road conditions, traffic signs, and signals
• Get the names, phone numbers, and insurance information of all drivers
• Get names and contact info of independent witnesses (before they leave)
• Note the badge number of responding officers
• If a business or residence is nearby, their security cameras may have captured the crash

4. What NOT to say at the scene

5. Preserve evidence before it disappears

Security camera footage is typically overwritten within 30–90 days. Truck black box data (EDR/ELD) can be overwritten even faster. If a business, traffic camera, or commercial truck was involved, a preservation letter (also called a spoliation letter) must be sent immediately to prevent this data from being destroyed. This is one of the first things an attorney does — and something almost impossible for you to do alone in time.

6. Keep a daily injury journal

Starting the night of the accident, write down your symptoms, pain levels (1–10), how the injury is affecting your daily life, and any medical appointments. This contemporaneous record is compelling evidence for pain and suffering damages.

Dealing with Insurance Adjusters

Insurance adjusters are trained negotiators whose job is to minimize what their company pays out. They are not your friend — even your own insurer's adjuster. Understanding their tactics is essential.

The recorded statement trap

Within 24–72 hours of your accident, you will likely receive a call from the other driver's insurance company asking for a "recorded statement — just a few quick questions." This is the most dangerous moment in your case. You are never legally required to give a recorded statement to the other party's insurer.

The early settlement offer

An adjuster who calls quickly with an early settlement offer is trying to close your claim before you know the full extent of your injuries or your legal rights. Once you accept a settlement, you sign away all future claims — even if your injuries turn out to be far worse than initially thought.

Never accept a settlement offer without consulting an attorney first. A good attorney can evaluate whether the offer reflects your actual damages — and will often negotiate it significantly higher.

Common adjuster tactics to recognize

• "We just need your medical records to process the claim." A blanket medical records release is a fishing expedition for pre-existing conditions they'll use to deny coverage. Only authorize release of records related to this accident.
• "This is the standard amount we pay for this type of injury." There is no standard amount. Every case is different. This is a negotiating anchor.
• "You don't need an attorney — we'll take care of you." An adjuster's job is to minimize the payout. An attorney's job is to maximize your recovery. These are not the same thing.
• Delay tactics. Some insurers delay processing hoping you'll give up or accept less out of financial desperation. Document every call, every delay, and every reason given.

Your own insurer's obligations

If the at-fault driver was uninsured or underinsured, your own UM/UIM (Uninsured/Underinsured Motorist) coverage applies. You still need to be careful — your insurer also has a financial interest in minimizing the payout, even though it's your policy. Missouri requires insurance companies to handle claims in good faith. Unreasonable delay or denial can constitute bad faith and entitle you to additional damages.

Missouri-Specific Law You Must Know

Pure comparative fault — RSMo §537.765

Missouri is a "pure comparative fault" state. This means your compensation is reduced by your percentage of fault in the accident — but you can still recover even if you were 99% at fault (you'd recover 1% of your damages).

In practice, this means insurance companies invest enormous effort in assigning you a fault percentage — because every 10% of fault assigned to you reduces what they owe by 10% of your total damages. On a $300,000 case, shifting 20% of fault to you saves them $60,000.

Statute of limitations — Personal injury

In Missouri, you generally have 5 years from the date of the accident to file a personal injury lawsuit (RSMo §516.120). Missing this deadline means your case is permanently barred — no matter how severe your injuries or how clear the liability.

Wrongful death — RSMo §537.080

If your family member died as a result of another's negligence, Missouri's wrongful death statute allows certain family members to file a claim. Priority order: (1) spouse and children; (2) parents; (3) siblings. The statute of limitations for wrongful death in Missouri is 3 years from the date of death.

Wrongful death damages can include funeral expenses, lost future income the deceased would have provided, loss of companionship, and the deceased's pain and suffering prior to death.

Dram shop liability

If you were hit by a drunk driver, Missouri's dram shop laws allow you to sue the establishment that served the driver alcohol if they served a visibly intoxicated person or a minor. This is a separate claim from the driver's liability — and can significantly increase your recovery.

Missouri's mandatory insurance minimums

Missouri requires drivers to carry at least 25/50/10 coverage: $25,000 per person, $50,000 per accident for bodily injury, and $10,000 for property damage. These minimums are often inadequate for serious injuries. Your own UM/UIM coverage fills the gap when the at-fault driver is underinsured.

Calculating Your Real Damages

Most accident victims dramatically underestimate the value of their case because they only count immediate medical bills. A proper damages calculation accounts for every category of loss — past and future.

Economic damages (measurable financial losses)

• Medical bills to date — ambulance, ER, surgery, hospitalization, follow-up appointments, physical therapy, prescription medications, medical equipment
• Future medical expenses — projected surgeries, ongoing therapy, pain management, long-term care (these are calculated by medical experts)
• Lost wages — income lost while recovering, including sick days, vacation days, and self-employment income
• Diminished earning capacity — if your injury permanently limits the type of work you can do or how much you can earn, the difference in lifetime earnings is compensable
• Property damage — vehicle repair or replacement, personal property destroyed in the accident
• Out-of-pocket expenses — transportation to medical appointments, household help, childcare necessitated by your injury

Non-economic damages (harder to quantify but often the largest component)

• Pain and suffering — physical pain from your injuries, both past and ongoing future pain
• Emotional distress — anxiety, PTSD, depression, sleep disturbance caused by the accident
• Loss of enjoyment of life — inability to participate in hobbies, sports, or activities you previously enjoyed
• Loss of consortium — impact on your relationship with your spouse or family

Punitive damages

In cases involving especially egregious conduct — drunk driving, intentional acts, or reckless disregard for safety — Missouri courts can award punitive damages above and beyond your actual losses. These are designed to punish the defendant and deter similar behavior, and they can be substantial in the right case.

Why you shouldn't calculate this yourself

Insurance companies have actuaries and decades of settlement data. If you negotiate alone, you're bringing a calculator to a chess match. An experienced personal injury attorney knows what juries in your jurisdiction award, what future medical costs look like for your specific injury type, and exactly how to present your damages for maximum impact.

When to Hire a Lawyer — and What to Look For

Should you hire an attorney?

You should consult a personal injury attorney if:

• You sustained any injury requiring medical treatment
• The accident involved a commercial vehicle (truck, bus, delivery van)
• There is any dispute about who was at fault
• The insurer is delaying, denying, or pressuring you to settle quickly
• Your damages exceed $10,000
• A government vehicle or road defect was involved
• Someone died in the accident

Consultations are free and you pay nothing unless you win. There is no financial reason not to at least have the conversation.

What to look for in a personal injury attorney

• Missouri-licensed — personal injury law is state-specific; your attorney must be licensed in Missouri
• Contingency fee — you should never pay upfront; the attorney only gets paid if you recover
• Trial experience — insurance companies offer more when they know your attorney is willing and able to take a case to trial
• Clear communication — you should understand what's happening with your case at every step
• No pressure to settle — a good attorney advises you on settlement value and lets you make the decision

What to watch out for

• Attorneys who push for quick settlements — this usually benefits the attorney's volume, not your outcome
• Fees above 33% — standard contingency in Missouri is 33% pre-litigation, 40% if a lawsuit is filed
• Lack of responsiveness — if an attorney won't return your calls before you hire them, they won't after
• Billboard attorneys who hand off cases — make sure you know who will actually handle your case

Red Flags: Signs Your Case Is Being Undervalued

Most accident victims don't know their case is being lowballed until they've already settled. These are the warning signs to watch for at every stage of the process.

1. The adjuster called within 48 hours. Fast calls with quick offers are designed to close your claim before you know its value. Legitimate investigations take weeks, not hours.
2. You were pressured to give a recorded statement. A recorded statement is a tool for minimizing your claim, not a routine requirement.
3. They asked for a blanket medical records release. They're looking for pre-existing conditions. Only authorize release of records from this injury.
4. The settlement offer ignores future medical costs. If you haven't reached maximum medical improvement (MMI) yet — meaning you're still treating and your condition hasn't stabilized — it's too early to settle. Future costs won't be covered after you sign.
5. They're assigning you an inflated fault percentage. The at-fault driver's insurer has a financial incentive to argue comparative fault. Every percent they pin on you reduces their payout.
6. No mention of non-economic damages. If the offer only covers your medical bills and lost wages with nothing for pain, suffering, or life impact — it's almost certainly below full value.

Your 30-Day Checklist + Glossary

30-Day Checklist

Day 1:

• Get medical attention — even if you feel okay
• File a police report (call 911 if you haven't)
• Photograph all vehicles, the scene, your injuries
• Collect all drivers' and witnesses' contact information
• Start an injury journal — symptoms, pain level, limitations
• Notify your own insurance company (bare facts only)

Days 2–7:

• Consult a personal injury attorney (free consultations are standard)
• Do NOT give a recorded statement to the other driver's insurer
• Do NOT accept any settlement offer without attorney review
• Send preservation letter for security camera / truck black box data
• Continue all medical treatment as directed — no gaps
• Keep all receipts: medical, transportation, out-of-pocket expenses

Days 8–30:

• Continue injury journal daily
• Track all lost wages with documentation from your employer
• Obtain a copy of the official police report (usually available in 3–5 days)
• Do NOT post about the accident on social media
• Confirm your attorney has sent preservation letters to all relevant parties
• Do not settle until you have reached maximum medical improvement

Glossary of Legal Terms

Comparative Fault

A legal doctrine reducing your recovery by your percentage of fault in the accident. Missouri uses "pure" comparative fault — you can recover even if you are 99% at fault.

Contingency Fee

An attorney fee arrangement where the lawyer is paid only if you recover compensation. Typically 33% pre-litigation, 40% if a lawsuit is filed.

Economic Damages

Quantifiable financial losses: medical bills, lost wages, property damage, future medical costs.

Non-Economic Damages

Subjective losses not easily measured in dollars: pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium.

Maximum Medical Improvement (MMI)

The point at which your medical condition has stabilized and further significant improvement is not anticipated. Do not settle before you reach MMI.

Preservation Letter / Spoliation Letter

A formal letter demanding a party preserve evidence that might otherwise be destroyed. Failure to preserve evidence after receiving a spoliation letter can result in sanctions against that party.

Statute of Limitations

The legal deadline to file a lawsuit. In Missouri, personal injury is 5 years; wrongful death is 3 years. Missing this deadline permanently bars your claim.

UM/UIM Coverage

Uninsured Motorist / Underinsured Motorist coverage. Your own insurance policy that pays when the at-fault driver has no insurance or insufficient insurance to cover your damages.

Dram Shop Liability

Legal responsibility of a bar or restaurant for damages caused by a customer they served who was visibly intoxicated or under 21.

Wrongful Death

A lawsuit filed by surviving family members when a person dies due to another party's negligence. Missouri's wrongful death statute (RSMo §537.080) specifies who may file and in what priority order.

Punitive Damages

Damages beyond actual losses, awarded to punish especially egregious conduct (such as drunk driving) and deter similar behavior.

Release

A legal document that ends your right to pursue further claims related to the accident in exchange for a settlement payment. Once signed, it is final and permanent.