How long do you have to file a car accident claim in Missouri? Talk to a St. Louis car accident lawyer at (314) 361-4242.
After a car accident, medical care, vehicle repairs, and insurance calls often take priority over legal deadlines. But Missouri law sets a firm deadline to file a lawsuit, and missing it can mean losing your right to recover compensation entirely, no matter how strong the underlying case.
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Missouri’s Five-Year Statute of Limitations
Under Missouri Revised Statutes Section 516.120, most car accident claims, whether for personal injury or property damage, must be filed within five years of the accident date. This applies to drivers, passengers, pedestrians, cyclists, and motorcyclists alike. Five years is longer than the deadline in many other states, but it’s still a hard cutoff. Once it passes, a court will typically dismiss the case regardless of the facts.
Property Damage Follows the Same Deadline
Claims for vehicle repairs or replacement, along with other damaged property, generally fall under the same five-year window as personal injury claims. The clock on a property damage claim typically starts running on the date of the accident itself.
Wrongful Death Has a Shorter Deadline
If a car accident results in death, the deadline changes. Under Missouri Revised Statutes Section 537.100, a wrongful death claim generally must be filed within three years, and that clock starts from the date of death rather than the date of the accident. Families dealing with this kind of loss often have less time than they’d expect, which makes early legal guidance especially important.
Claims Against a Government Entity Move Faster
If a government vehicle or government negligence, such as a poorly maintained road, played a role in the accident, different and often much shorter notice requirements can apply. Sovereign immunity protections for state and local government entities in Missouri can require formal notice well before the general statute of limitations would otherwise run out. Missing that notice window can bar a claim even if the five-year deadline hasn’t passed.
When the Discovery Rule May Apply
Not every injury from a car accident is obvious right away. Some symptoms, particularly with head injuries or soft tissue damage, may not surface for days or weeks. In certain circumstances, Missouri’s discovery rule can affect when the filing clock actually starts, based on when the injury was or reasonably should have been discovered rather than the date of the crash itself. Whether this applies depends heavily on the specific facts of the case.
Insurance Claim Deadlines Are Different From Lawsuit Deadlines
It’s worth separating two different clocks. The statute of limitations governs how long someone has to file a lawsuit. Separately, most insurance policies require notice of a claim “promptly” or within a specified period after the accident, and that deadline is often much shorter than five years. Missing an insurance notice deadline can complicate a claim even while the statute of limitations is still open.
Why Waiting Is Risky, Even With Five Years
Having five years doesn’t mean waiting is a good strategy. Evidence changes over time. Witnesses’ memories fade, surveillance footage gets deleted on a rolling basis, and vehicle damage may be repaired or the vehicle sold. Starting the process soon after an accident generally makes it easier to preserve the evidence a claim depends on, even if you don’t file a lawsuit right away.
What to Do Now
- Note the exact date of the accident, since that date often determines the deadline.
- Keep copies of the police report, medical records, and any insurance correspondence.
- Get a legal opinion early, even if the accident happened a while ago, to confirm which deadline applies to the specific facts.
- Don’t assume a claim is too old to pursue without checking. Depending on the circumstances, options may still exist.
Why Work With The Hoffmann Law Firm
Understanding exactly which deadline applies, and preserving the evidence a claim depends on, often matters as much as the deadline itself. The Hoffmann Law Firm has served St. Louis since 1998, and clients work directly with Attorney Christopher Hoffmann rather than being passed between staff. As a locally owned Missouri firm, the team can help sort out which timeline applies to a specific situation.
Talk to a St. Louis car accident lawyer at (314) 361-4242.
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Frequently Asked Questions
In most cases, a court will dismiss the claim, and you generally lose the right to recover compensation, no matter how strong the case might otherwise have been.
Not necessarily. Insurance policies often have their own, shorter notice requirements separate from the statute of limitations for filing a lawsuit.
Depending on the circumstances, Missouri’s discovery rule may affect when the deadline actually starts. This is worth having reviewed rather than assumed.
Often, yes. Claims involving government entities can carry much shorter notice requirements than the general statute of limitations.