Missouri car accident statute of limitations and the rules around it
Use a free call to apply the Missouri car accident statute of limitations to your crash.
Missouri gives you five years from a crash to sue for your injuries or your car. That comes from RSMo 516.120 and few states allow longer. A death claim is shorter at three years and young victims can get extra time until age 21.
The deadlines in Missouri
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Five years | RSMo 516.120(4) |
| Car or property damage lawsuit | Five years | RSMo 516.120(4) |
| Shared fault | Pure comparative: reduced by your share, never barred | Gustafson v. Benda (Mo. 1983) |
| Minimum liability cover | $25,000 / $50,000 / $25,000 | RSMo 303.190 |
| Wrongful death lawsuit | Three years | RSMo 537.100 |
| Driving uninsured | No pain and suffering damages from an insured driver | RSMo 303.390 |
Where Missouri’s five years get shorter or longer
If someone dies from crash injuries, the family must sue within three years under section 537.100. Time the defendant spends out of the state, beyond the reach of service, is not counted.
For victims under 21 when the crash happened, section 516.170 lets the five years begin once they reach that age.
How Missouri splits the blame
Missouri’s Supreme Court adopted pure comparative fault in Gustafson v. Benda. The jury sets your share of blame and lowers your award by that share. Even a driver found mostly at fault can collect the rest.
So an adjuster who calls you partly to blame is arguing about the size of the check, not whether one exists.
Missouri insurance and a penalty for going without
Policies must cover at least $25,000 for one injured person, $50,000 per crash and $25,000 for property, under section 303.190. Missouri is an at-fault state, so the claim goes to the careless driver’s insurer.
Driving uninsured has a cost here. Under section 303.390, an uninsured driver gives up pain and suffering damages against an insured driver who caused the crash. Medical bills and lost pay can still be claimed.
Timing a call to a Missouri car accident lawyer
Five years leaves room, yet the proof does not wait. Skid marks fade, phone records rotate out and witnesses forget. An attorney can save that evidence early and value the claim before you accept an offer. No fee is charged for the call and the lawyer is paid only if the case wins.
Other states: Illinois, Kansas, Iowa, Arkansas, Kentucky or every state on one page.
Missouri car accident statute of limitations questions
What is the time limit to sue after a car accident in Missouri?
Five years from the crash for injury and car damage, under RSMo 516.120. Wrongful death claims have three years.
Can I still get paid if the crash was partly my fault in Missouri?
Yes. Missouri uses pure comparative fault, so your award drops by your share but is not wiped out.
What if I had no insurance when I was hit in Missouri?
You can usually still claim medical bills and lost wages, but not pain and suffering, against an insured at-fault driver.
Before the clock runs out
Missouri never bars a claim just because you share the blame, so a fault-based lowball offer deserves a second look. Call before you sign a release and a lawyer will check it free.
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