Missouri Car Accident Statute of Limitations and Filing Deadlines

In Missouri, most car accident injury claims must be filed within 5 years of the crash under RSMo 516.120, and missing that deadline usually means losing the right to sue no matter how strong the case is. That 5-year period covers the ordinary negligence claim we see most often in Liberty and around Clay County and the north Kansas City metro. Some situations follow a different clock. A wrongful-death claim has its own timeline, an injured child's deadline can be paused, and claims involving a government entity can carry a much earlier notice requirement. Reporting the crash or opening an insurance claim does not stop the 5-year clock. Filing a lawsuit does.

If you are worried about a deadline on a Missouri crash, our Liberty office serves Clay County and the north Kansas City metro and offers a free case review at 816-367-6937.

What is the statute of limitations for a Missouri car accident?

For most car accident injury claims in Missouri, the deadline is 5 years from the date of the crash under RSMo 516.120, which governs general negligence and injury-to-the-person claims. A statute of limitations is the legal deadline to file a lawsuit in court. It is not the deadline to settle, and it is not the deadline to report the crash. It is the last date you can file suit. If you file after it passes, the other side can ask the court to dismiss the case, and courts routinely do exactly that.

What does "filing" mean? Reporting the crash is not the deadline

Reporting the crash to the police or to the Missouri authorities happens in the hours and days after the collision, and it creates a record of what occurred. Opening a claim with an insurer, whether the at-fault driver's insurer or your own, is a separate step that starts the insurance process and has its own practical timing set by your policy, not by the statute. Filing a lawsuit means starting a civil case in court, and that is the act the 5-year deadline in RSMo 516.120 controls.

The distinction matters because a claim can settle without a lawsuit ever being filed, and most do. But if the insurer will not resolve the claim fairly, the only way to preserve your rights is to file suit before the deadline runs.

When does the 5-year clock start?

The general rule is that the 5-year clock starts on the date of the crash, because that is usually when the injury occurs and is known. In a typical collision, the injury is apparent the same day, so the date of the crash is the date to work from.

There can be narrow situations where the point at which the clock starts is less obvious, for example where the full extent of an injury is not immediately apparent. Those situations are easy to misjudge, so do not count on a later start date unless we have confirmed one applies to you. The practical rule for most drivers is simple: count 5 years from the day of the crash and do not wait until the end of that window.

How long do you have for a wrongful-death claim in Missouri?

If a person dies from crash injuries, a wrongful-death claim is a separate claim with its own timeline, and it is not the same as the 5-year personal-injury deadline. The Missouri wrongful-death statute is RSMo 537.100. The wrongful-death deadline is 3 years, measured from the date of the decedent's death rather than the date of the underlying injury.

Because the wrongful-death timeline runs differently from the ordinary injury deadline, and because who may bring the claim is defined by statute, families should get specific advice early rather than assuming the 5-year personal-injury deadline applies.

Does the deadline change for a child?

Missouri provides some tolling, meaning the clock can be paused, for a person who is legally unable to bring a claim on their own when the injury occurs. For an injured child, the deadline is generally extended so that it does not run out while the person is still a minor, and the clock is paused in a way that gives the child time to bring a claim after reaching adulthood.

These provisions are protective, but they are narrow and technical. A parent should never assume a child's claim can safely wait, because the details determine how much time remains and getting them wrong can forfeit the claim.

Claims involving a government entity

If a government vehicle, a public employee, or a public road or property condition may be involved in your crash, the timeline can be very different from an ordinary claim. Claims against a governmental entity often carry a separate, earlier notice requirement and other procedural steps that come well before the ordinary lawsuit deadline, and sovereign immunity can affect whether and how a claim can proceed at all. If any government entity may be involved, treat the timeline as urgent and get advice quickly, because the deadline that matters may be much shorter than 5 years.

Missouri is not Kansas: do not rely on the wrong state's deadline

The Kansas City metro straddles the state line, and it is easy to read advice written for one state and assume it applies to the other. It does not. Missouri and Kansas have different personal-injury deadlines, and the Missouri period for a car accident injury claim is longer than the deadline Kansas applies to the same kind of claim. If your crash happened in Missouri, Missouri law and the Missouri deadline apply, and Kansas rules are not a safe substitute. When a claim could touch both states, which state's deadline controls is a question to ask us before you assume anything based on where you live or where the other driver is from.

Why the deadline should not be your target

Knowing you have "up to 5 years" can create a false sense of comfort. In practice, the sooner a claim is investigated, the better. Evidence at a crash scene disappears, vehicles get repaired or scrapped, camera and dashcam footage is overwritten on a cycle measured in weeks, and witnesses become hard to find and less certain about what they saw. Medical treatment gaps also get harder to explain the longer they sit.

Late claims also look weaker to insurers. A claim brought close to the deadline gives the insurer room to argue that the delay itself undercuts the case. Waiting narrows your options and can weaken an otherwise solid claim. The deadline is a hard outer boundary, not a plan.

How comparative fault fits in

Even if you were partly at fault for the crash, Missouri does not automatically bar your claim. Missouri follows pure comparative fault, the rule its courts adopted in Gustafson v. Benda. Your recovery is reduced by your own percentage of fault, but you are not shut out because you shared some of the blame. This does not change the filing deadline, but it is a common worry that keeps injured drivers from calling. Being partly at fault is not, by itself, a reason to skip getting advice before your deadline runs.

What about a claim under your own insurance policy?

If you are pursuing your own uninsured or underinsured motorist coverage after a crash, that is a claim under your insurance contract rather than a negligence claim against the other driver, so it runs on a longer clock. A claim on a written contract has a 10-year limitations period under RSMo 516.110. Your policy will still require prompt notice of the claim, so report it to your insurer early even though the lawsuit deadline is further out. Missouri also has no personal injury protection (PIP) or no-fault system, so there is no separate no-fault deadline layered on top of these. Our guide to uninsured and underinsured motorist claims in Missouri covers those claims in detail.

Talk to a Missouri attorney early

If you were hurt in a Missouri crash and are unsure how much time you have, the practical answer is to find out now rather than guess. Our Liberty office serves Clay County and the north Kansas City metro, including Kearney, Gladstone, and North Kansas City, and offers a free case review. Call 816-367-6937 and we can help you identify the deadline that applies to your situation, including any earlier notice period, before it becomes a problem.

For more on Missouri crash claims generally, see our Liberty car accident page and our Kansas City car accident page.

This page is general information about Missouri law, not legal advice, and it does not create an attorney-client relationship. Deadlines are strict and turn on the facts of your claim. If you are not sure which one applies to you, call our Liberty office at 816-367-6937.

Frequently asked questions

How long do I have to file a car accident claim in Missouri?

Most Missouri car accident injury claims must be filed within 5 years of the crash under RSMo 516.120. Some situations follow a different clock, including wrongful-death claims and claims involving a government entity, so confirm your specific deadline with us rather than assuming the 5-year period applies to everything.

When does the 5-year deadline start in Missouri?

Usually on the date of the crash, because that is when the injury occurs and is known. Narrow situations can move the start date when the full extent of an injury is not immediately apparent, but they depend on specific facts and are not something to plan around. For most drivers, the safe approach is to count 5 years from the day of the crash and not wait until the end.

Is the deadline different for a wrongful-death claim in Missouri?

Yes. A wrongful-death claim is a separate claim under RSMo 537.100 with its own timeline, and it is 3 years, measured from the date of the decedent's death rather than the date of the underlying injury (RSMo 537.100). Because the exact timing and who may bring the claim are defined by statute, families should confirm the deadline with us rather than assuming the ordinary 5-year injury deadline applies.

Does the deadline change if a child was injured?

Yes. Missouri pauses the clock, called tolling, for an injured child who cannot bring a claim on their own, so the deadline does not simply run out while the person is still a minor. The specific age at which the pause ends and any outer cap on the extension are technical, so do not assume a child's claim can wait; confirm the rule with us.

Is filing a claim the same as filing a lawsuit?

No. Reporting the crash, opening an insurance claim, and filing a lawsuit are three different steps. Only filing a lawsuit is controlled by the statute of limitations. Most claims settle without a lawsuit, but if the insurer will not resolve the claim fairly, filing suit before the 5-year deadline is the only way to preserve your rights. Reporting the crash and opening a claim do not extend that deadline.

Is the Missouri deadline the same as Kansas?

No. Missouri and Kansas have different personal-injury deadlines, and Missouri uses a longer period for a car accident injury claim. If your crash happened in Missouri, the Missouri deadline applies, and you should not rely on Kansas rules. When a claim could involve both states, which deadline controls is a question to ask us.

What should I do if my deadline might be close?

Talk to a Missouri attorney now rather than waiting. Our Liberty office offers a free case review at 816-367-6937 and can help you identify the deadline that applies to your situation, including any earlier notice period, before it becomes a problem.