What To Do If You Get Into A Car Accident And Get A Ticket

Yes, you can still deal with a ticket you got at the scene of a car accident, and the best first step is to hold off on paying it. Paying the fine is a guilty plea, which puts points on your driving record and can give your insurance company a reason to raise your rates. This post covers what to do at the scene, what the ticket means for fault, how many points the common accident tickets carry, and how Andrea handles them through her traffic ticket work.

What Should You Do At The Scene Of A Car Accident In Missouri?

What you should do at the scene of a car accident in Missouri is stop, make the area safe, call the police, and exchange information. Missouri law expects the following:

  • Move your car to the side of the road so oncoming cars don’t hit it
  • Call an ambulance if you think anyone is injured
  • Call the police to report the accident
  • Turn on your hazard lights, or use flares or a flashlight to warn oncoming traffic
  • Exchange your name, address, vehicle identification, and car insurance information with the other driver
  • Stay until a police officer tells you it’s o.k. to leave

The Missouri Department of Revenue (DOR) explains these steps on its accident information page. The last item matters most for your ticket, because a driver who leaves early can be charged with leaving the scene of an accident, which is a much more serious charge than the one the officer first had in mind.

Does Getting A Ticket At An Accident Mean You Are At Fault?

Getting a ticket at an accident is not the same as a final decision about fault. The officer writes the ticket based on what he or she sees and hears at the scene, and that often happens before the full story is known. Insurance companies do their own review of the accident when they decide who pays.

Here’s what this means for you. A ticket is still one more piece of information the insurance company may look at, and a guilty plea can be treated as an admission that you broke a traffic law. That is the main reason a ticket from an accident deserves more attention than an ordinary speeding ticket.

Should You Pay Or Fight A Ticket After A Car Accident?

Whether to pay or fight a ticket after a car accident comes down to what a guilty plea would cost you: points on your record, a possible increase in insurance rates, and a possible statement of fault. Paying the fine does not close the matter. It is a plea of guilty, and the conviction goes on your driving record.

You also don’t have to choose between paying the ticket and standing in front of a judge by yourself. An attorney can often work out a plea bargain deal with the Prosecutor and judge so the ticket is reduced to a non-moving, no-point violation, which won’t show up as a moving violation conviction. Hiring a lawyer is also how many drivers avoid a court appearance. With an attorney handling a ticket, it is likely you won’t have to appear, and you will usually be given at least 30 days to pay the fine and court costs.

The outcome depends on the facts of your case:

  1. Which court is prosecuting the ticket, municipal or state
  2. Whether you have been in an accident before
  3. How many moving violations and points are already on your driving record
  4. How old you are
  5. Whether you were polite and cooperative with the police officer at the scene
  6. Whether anyone was injured
  7. Whether the car you were driving was insured
  8. Whether you left the scene before the police arrived

Andrea needs those answers on the first call, along with the ticket itself and the court date. Nothing is promised in advance, but a reduction to a non-moving violation is a possible result in many of these cases.

How Many Points Does A Ticket From A Car Accident Add To Your Record?

The number of points a ticket from a car accident adds to your record runs from 2 points to 12 points, depending on the violation. A moving violation is the usual ticket when an accident is involved. Here are the common ones:

Ticket After An Accident Points
Failure to Yield 2 to 3
Following Too Close 2 to 3
Careless & Imprudent (C&I) Driving 2 (4 for a second offense)
No Proof of Insurance 4 (stays on your record permanently)
Leaving the Scene of an Accident 6 to 12

Sources: Missouri Department of Revenue tickets and points information; Rogers Law Firm traffic ticket page.

Points matter because they add up. The DOR sends a warning letter at 4 points in 12 months, and 8 points in 18 months leads to a 30-day suspension if it’s your first suspension. A judge can also assess more points when the moving violation resulted in an accident. Points drop by 1/3 after 1 year, by 1/2 of the rest after 2 years, and to 0 after 3 clean years. Those drops are why a ticket from an accident matters most in the first year.

What Is Careless And Imprudent Driving After An Accident?

Careless and imprudent driving after an accident is a misdemeanor charge for driving in a way that isn’t careful or safe for the conditions. Officers write it often because it fits almost any crash. In Missouri, C&I is 2 points in both municipal and state court.

In state court, C&I is a class B misdemeanor, and it becomes a class A misdemeanor if an accident was involved. A class A misdemeanor carries up to 1 year in jail. That is why a C&I ticket from a crash should not be paid without a plan. Andrea defends this charge as one of her serious traffic offenses, and the aim is a plea bargain deal that avoids a conviction and the points. A related post covers how reckless driving stays on your record, which follows the same retention rules.

What Can You Do If You Got A Ticket For Leaving The Scene Of An Accident?

If you got a ticket for leaving the scene of an accident, the next step is to get an attorney involved before your court date. A guilty plea to leaving the scene, also called “Hit & Run,” adds 6 to 12 points depending on whether your case is in municipal or state court, and your license could be revoked for 1 year. In state court, a leaving the scene conviction is also one of the offenses that stays on your record permanently.

The maximum punishment for a class A misdemeanor leaving the scene is 1 year in jail. The charge can be more serious in some situations, such as when someone was hurt, so the details of your accident matter. Andrea handles leaving the scene cases and works toward a reduction to a non-moving, no-point violation with no jail time. The full list of what she takes on is on the traffic tickets page.

What Happens If You Get Into An Accident And Your Car Is Not Insured?

If you get into an accident and your car is not insured, the State of Missouri can suspend your driver’s license. This often happens when someone borrows a car from a friend who never mentioned that the car was not insured.

To get the suspension lifted, you will need to make arrangements with the other driver’s insurance company, or work out a payment with the other driver, for the damage to their vehicle. Once the damages are paid, or after you make a few payments under an installment agreement with the DOR, the attorney for the other driver’s insurance company can tell the DOR to lift the suspension. An uninsured accident and a suspended license is a common situation, and the steps are the same.

Anyone in an accident where one of the vehicles was not insured should file a Missouri Motor Vehicle Accident Report with the DOR.

How Is A No Insurance Ticket After An Accident Handled?

A no insurance ticket after an accident is handled as a separate charge from the accident itself. No proof of insurance is 4 points, and it stays on your driving record permanently. Any other ticket from the same stop also becomes permanent if you are convicted of the no insurance charge.

Some courts will dismiss or reduce the ticket for drivers who can show that coverage was in place. Andrea’s post on the no insurance ticket explains the points, and she can review your ticket and tell you which options fit your court. The no insurance charge is listed under her misdemeanor work.

Frequently Asked Questions

Do You Have To Go To Court For A Ticket From A Car Accident?

Whether you have to go to court for a ticket from a car accident depends on the court and the charge. Your ticket lists a court date, and missing it can lead to a warrant. With an attorney handling a ticket, it is likely you won’t have to appear in court.

Can A Ticket From An Accident Be Reduced To A Non-Moving Violation?

A ticket from an accident can often be reduced to a non-moving violation through a plea bargain deal with the Prosecutor and judge. A non-moving violation such as “Illegal Parking” does not add points. The result depends on your record, your court, and the facts, so it is possible but never certain.

How Long Do Points From An Accident Ticket Stay On Your Record?

Points from an accident ticket stay on your record while they count toward a suspension, and they drop by 1/3 after 1 year, by 1/2 of the rest after 2 years, and to 0 after 3 clean years. The conviction itself usually stays 3 years. A conviction that caused a suspension stays 5 years after reinstatement.

What Happens If You Plead Guilty To An Accident Ticket Already?

A guilty plea to an accident ticket can be withdrawn later by an attorney so the ticket can be amended. It is a more expensive and lengthy process than handling the ticket before you plead, so it is best to call before you pay.

Should You Admit Fault To The Police Officer?

You should be polite and cooperative with the police officer, give the information that is required, and avoid guessing about what caused the crash. Being courteous at the scene is one of the details Andrea asks about when she reviews an accident ticket.

The Bottom Line

The bottom line for a ticket after a car accident is to not pay it until you know what it will add to your record. Call before the court date, bring the ticket, and Andrea can tell you which court has the case, how many points are at stake, and what a reduction might look like.

Andrea handles every call and every case personally. She offers a free consultation with a flat fee price quote up front. Call or reach out through The Rogers Law Firm.

You can see how fees are explained on the pricing page.

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Andrea Rogers

With over 15 years of concentrated experience in Missouri traffic law and misdemeanors, Andrea Rogers of The Rogers Law Firm provides personalized, flat-fee legal services tailored to the specific details of each client’s situation.