Ryan Bradley | August 14, 2025 | Car Accident
Key Takeaways:
- Timing Matters: Missouri gives you five years to file a personal injury claim, including car accident cases. This includes both property damage and injury claims.
- Exceptions Exist: Certain circumstances, such as a defendant leaving the state or the victim being incapacitated, can pause or extend your filing deadline.
- Early Action Can Be Crucial: Don’t wait until the statute has nearly run out. Starting your case soon after a crash preserves evidence and helps to strengthen your legal position.
Missouri has a generous time limit for filing a car accident lawsuit, and gives you a full five years from the date of the accident. But while it may be tempting to wait to get legal advice, years can pass by until you suddenly realize you could be close to the deadline for filing a lawsuit and urgently need a lawyer.
Don’t let that happen to you. You’ll want to give yourself the best chance of recovering what you deserve. Read on to learn about Missouri’s car accident laws and which exceptions exist for the Missouri personal injury statute of limitations.
What is the Missouri Car Accident Statute of Limitations?
The statute of limitations (Mo. Rev. Stat. § 516.120) is Missouri’s legal deadline for filing a lawsuit after a car accident. You can think of it as an expiration date after which you generally won’t be allowed to file.
The Missouri car accident filing deadline is five years, and the clock starts ticking from the date of your accident or injury. Importantly, the Missouri statute of limitations car crash rule applies whether you’re seeking compensation for medical bills, lost wages, pain and suffering, or vehicle damage.
How Long Do You Have to File a Car Accident Claim in Missouri?
Missouri accident claim time limits can vary, depending on what type of claim you’re filing. Many people confuse car insurance claim deadlines with lawsuit filing deadlines, but they’re not the same. Depending on your policy, your insurer might require you to report accidents within 24 hours and file a claim within 30 days.
In contrast, the time limit to file a car accident lawsuit in Missouri is a full five years. That’s how long you generally have to take legal action against the at-fault driver. And remember, the ability to file a lawsuit can be your biggest bargaining chip when dealing with insurance companies that offer lowball settlements. Once your five-year deadline passes and you haven’t filed, they know you’re now out of legal options.
That’s why you should never let the lawsuit deadline expire, even if you plan to settle. The moment insurance companies realize you can’t sue anymore, your settlement offers will likely plummet or disappear entirely, potentially leaving you without the compensation you need to get your life back on track.
Missouri Personal Injury Statute of Limitations vs. Property Damage
Missouri gives you five years to file both personal injury and property damage claims, but they work differently. Property damage claims cover your vehicle repairs or car replacement costs and any other damaged or destroyed belongings. The Missouri statute of limitations for property damage always starts running down on the actual day of your accident.
However, the Missouri statute of limitations for personal injury claims can be more complex. Sometimes, the discovery rule applies, which means your five-year deadline only starts when you actually discover or diagnose your injuries. This is designed to help victims with delayed symptoms like whiplash or brain injuries that don’t show up right away.
The best way to protect your claim and your health after a car accident is to get your car inspected and see a doctor as soon as possible after any accident.
Exceptions That Can Extend or Pause the Deadline
Several circumstances can extend or pause Missouri’s car accident filing deadline. However, these exceptions are rare, and you’ll typically have to prove them legally:
- Discovery Rule: If your injuries aren’t immediately apparent or diagnosable, the statute may begin from the discovery date of your injuries and not the accident date.
- Minor Victims: Under Mo. Rev. Stat. § 516.170, an injured minor’s clock only begins ticking down when they reach adulthood, giving them until age 26 to file.
- Incapacity: A victim with severe cognitive injuries that prevent understanding legal rights can pause the deadline until capacity returns.
- Defendant’s Absence: If the at-fault party leaves the state to avoid legal proceedings, the clock may only start running once they return to Missouri.
- Fraudulent Concealment: When defendants actively hide their involvement or relevant facts, state law under Mo. Rev. Stat. § 516.280 allows courts to extend filing deadlines.
Be cautious, as what may seem like a clear extension to you might not actually meet legal standards. If you’re seeking an extension to the filing deadline, professional legal guidance will be essential. And you should seek help well before the time limit to file a car accident lawsuit in Missouri runs out.
What Happens If You Miss the Filing Deadline?
Missing Missouri’s car accident filing deadline usually means game over for your case. Courts normally dismiss lawsuits filed after the statute expires, regardless of how strong your evidence or how severe your injuries.
And insurance companies have little to no incentives to compensate you fairly, as you won’t be able to sue them. The result is that an insurer may cheat you out of some of your settlement or even refuse to negotiate. And you could be left bearing the full cost of someone else’s careless or reckless actions.
Why It’s Important to File Early (Evidence & Legal Strategy)
The long statute of limitations in Missouri can lull you into a false sense of security, but don’t wait until the last minute to file a lawsuit. Early action is usually critical for building the strongest possible car accident case. Evidence deteriorates soon after the accident happens. Skid marks fade, debris gets cleared, and witnesses’ memories start to fail them.
And there is plenty of other evidence that disappears in the weeks after a crash, like traffic camera footage and surveillance videos from nearby businesses. Vehicle damage evidence is gone forever once repairs begin or cars get scrapped. And don’t forget that even medical documentation becomes more compelling when you immediately start treatment.
But there are also strategic legal advantages to starting early. Your attorney can get to work on your case right away and send preservation notices to prevent evidence destruction. They’ll interview witnesses while memories remain fresh. And police reports are amended more easily when corrections are requested promptly and not months later.
FAQs
Can I still file a claim in Missouri if I wasn’t immediately injured but developed symptoms later?
Yes, Missouri car accident laws may allow you to extend your filing deadline if injuries weren’t immediately apparent. That said, proving delayed discovery requires proof. Typically, you’ll need medical documentation showing when symptoms first appeared and their connection to your accident.
What if the other driver left Missouri after our accident?
Sometimes, a driver may flee the state to avoid being held responsible for a crash. When this happens, the Missouri law statute of limitations for car accident cases may be paused for as long as the at-fault driver remains outside the state.
This pausing, also called “tolling,” is designed to prevent defendants from running out the clock by leaving Missouri. However, you must prove that the at-fault driver left specifically to avoid legal consequences, which requires documentation and legal expertise.
Do I have the same deadline for filing against my own insurance company?
No, insurance contract deadlines are much shorter than Missouri’s personal injury statute of limitations. Your policy may require claim notification within 30 days and formal claims within one year. Always check your specific policy terms to make sure you’re not missing any vital deadlines.
Bradley Law: Ready to Protect Your Rights Before Time Runs Out
At Bradley Law Personal Injury Attorneys, we don’t believe you should accept a dollar less than you deserve. We always fight for maximum compensation for our clients. Our team knows how to navigate the five-year Missouri statute of limitations while building the strongest possible case for your injuries and damages.
We have recovered record-breaking results for Missouri accident victims and could help you, too, get what you need and deserve. Remember, we don’t get paid unless you win, so you’re taking no financial risks.
Don’t risk running out of time to file a lawsuit. Contact us today for your free and confidential consultation.