We are personal injury attorneys who have achieved results for our clients in Missouri for over 40 years.
In Missouri, the statute of limitations for car accident claims is generally five years from the date of the crash. Miss that deadline and the court will not hear your case, regardless of how strong it is.
Five years sounds like plenty of time, but it can slip away faster than you’d expect. The sooner you speak with an attorney, the sooner important steps can begin, like securing medical records, preserving evidence, and dealing with insurers, so nothing that protects your claim gets left to the last minute. Certain exceptions and special circumstances can also shorten your deadline. Reaching out early puts you in the strongest position.
For more than 40 years, our car accident lawyers at Buchanan, Williams & O’Brien have helped clients across Missouri meet those deadlines and build the strongest possible case. Our team includes AV-rated attorneys and those recognized by Super Lawyers for excellence in personal injury law, and we’re ready to put that experience to work for you.
How Long After a Car Accident Can You File a Claim in Missouri?
For most car accident cases, RSMo § 516.120 gives you five years from the date of the crash to file a personal injury claim or lawsuit against the at-fault party.
That deadline applies to the legal process, not the insurance claim. Those run on separate timelines:
- Insurance claim: Most insurers require you to report the accident promptly, typically within days. Delay can jeopardize your coverage.
- Legal claim or lawsuit: This is where the five-year statute of limitations applies. Most cases resolve through settlement; a lawsuit remains an option if the insurer refuses a fair offer.
The five-year window is a legal protection, not a timeline to follow. A car accident lawyer will move on your insurance claim immediately while preserving your right to pursue full compensation if settlement talks stall.
Exceptions to Missouri’s Car Accident Filing Deadline
The five-year rule is the standard, but Missouri law recognizes specific circumstances that can pause or extend that deadline. These exceptions are narrow and fact-specific. Do not assume one applies to your case without speaking to a personal injury lawyer first.
- Victims Who Are Minors: Missouri law defines a minor as anyone under 18, but the tolling statute provides additional protection, delaying the five-year clock until the injured person turns 21. That means a minor injured in a car accident generally has until age 26 to file.
- Mental Incapacity: If the injured person was mentally incapacitated at the time of the accident, the statute may be paused until they are deemed legally competent.
- The Defendant Leaves the State: If the at-fault driver leaves Missouri after the crash, the clock pauses for as long as they are absent.
- Hit-and-Run Accidents: If the at-fault driver fled the scene, the five-year statute of limitations still applies. The clock does not pause because the defendant is unknown.
- Government Entities: This is the most time-sensitive exception. If you were hit by a city bus or state-owned vehicle, you may have as little as 90 days to file a Notice of Claim before you are permitted to pursue a lawsuit.
When there is any uncertainty, it is safer to proceed under the standard filing deadline rather than assume additional time will apply.
The Three-Year Deadline for Wrongful Death Claims
While the standard personal injury window is generally five years, that timeline is significantly shorter if the accident resulted in a fatality. Under RSMo § 537.100, families have three years from the date of death to file a wrongful death claim.
Why This Deadline Catches Families Off Guard
Two factors make this window more complicated than it appears. First, the clock starts on the date of death, which may not be the same as the date of the accident. Second, wrongful death cases involve a more complex damages picture: lost future earnings, funeral and burial expenses, and the measurable impact of the loss on surviving family members.
Meanwhile, families are managing immediate responsibilities and difficult decisions. Legal deadlines can fall out of focus. If a claim is not filed within that three-year window, the court will typically bar it altogether. A personal injury lawyer can protect your family’s rights while you focus on what matters most.
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Missouri’s five-year statute of limitations can create a false sense of security. The most successful outcomes are built on evidence gathered within days of the crash, not years later. Acting quickly preserves the integrity of your claim and strengthens your leverage with the insurance company.
At Buchanan, Williams & O’Brien, we help clients injured in car accidents due to another party’s negligence file their claim and navigate every step of the process. To learn more about how we can help you, schedule a free consultation. We work on a contingency basis, so you pay nothing unless we recover compensation for you.
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