How Long Do I Have To File A Car Accident Claim In Missouri?

If you were hurt in a crash anywhere in Missouri—from I-64/Highway 40 or I-270 in St. Louis County to I-70 crossing the state—you’re probably wondering, “How long do I have to take legal action?”

The clock is ticking, and missing a deadline can erase your right to compensation, no matter how clear the other driver’s fault may be.

This guide explains Missouri’s deadlines (called “statutes of limitations”), key exceptions, special rules for wrongful death and claims involving governments, uninsured/underinsured motorist (UM/UIM) issues, and what to do right now to protect your case.

Quick Answer (What Most People Need)

• Injury claims from a car, truck, motorcycle, pedestrian, or bicycle crash in Missouri: you generally have five (5) years to file a lawsuit in court. This is Missouri’s general injury statute of limitations.

• Wrongful death (a loved one passes away because of a crash): three (3) years from the date of death.

• Claims against big Missouri cities (e.g., City of St. Louis, Kansas City): you must send a written notice to the mayor within 90 days for injuries from defects in streets/sidewalks/bridges, or your claim can be barred.

• Minors and people who are legally incapacitated: Missouri “tolls” (pauses) the clock until the disability is removed; for minors, the limitations period typically starts at age 21.

Important: These are lawsuit deadlines under Missouri law. Insurance policies may impose much shorter contract deadlines for notice or proof of loss—sometimes measured in days or months. Don’t wait to notify insurers.

Why the Deadline Matters So Much

If you file even one day late, the court can dismiss your case. Evidence gets harder to find, witnesses are tougher to reach, and insurers gain leverage every month that passes. Starting early lets your attorney preserve vehicle data, obtain surveillance, secure black-box downloads, and lock in medical proof before memories fade.

Missouri’s 5-Year Deadline for Personal Injury (Most Crash Cases)

Missouri gives injured people one of the longest windows in the country: five years to file suit for injuries “not arising on contract,” which includes car wrecks, motorcycle crashes, pedestrian and bike collisions. This is set out in Mo. Rev. Stat. § 516.120(4).

What the 5-Year Rule Covers

• Bodily injury claims (whiplash, fractures, TBI, spine injuries, etc.)

• Pain and suffering, loss of normal life

• Lost wages and loss of future earning capacity

• Medical bills (past and future)

• Property damage (also covered under the same section for injury to goods/chattels)

When does the 5-year clock start?
Usually on the date of the crash. Missouri generally doesn’t use a “discovery rule” for ordinary auto injuries (meaning you don’t get extra time just because symptoms surfaced later). To be safe, count from the accident date and speak to counsel immediately.

Wrongful Death From a Crash: 3-Year Deadline

If a family member dies from crash injuries, Missouri’s wrongful death statute gives you 3 years from the date of death to file suit. See Mo. Rev. Stat. § 537.100.

Wrongful death claims are separate from injury claims and have unique rules about who can file (Class 1, 2, or 3 beneficiaries), how damages are measured, and how proceeds are distributed. If your loved one’s case may transition from an injury claim to wrongful death (for example, if they succumb to injuries weeks later), talk to an attorney promptly so you don’t accidentally miss either deadline.

Claims Against the Government: Extra Traps and Short Fuses

Cities of 100,000+ (e.g., City of St. Louis; Kansas City)

For injuries caused by defects in a city bridge, boulevard, street, sidewalk, or thoroughfare, Missouri law requires you to give written notice to the mayor within 90 days of the incident. Miss the notice, and the claim can be barred—regardless of the 5-year limit. Mo. Rev. Stat. § 82.210.

Other Public Entities (State/Local)

Missouri partially waives sovereign immunity for motor-vehicle operation and dangerous conditions of public property, but damage caps and other limits apply. The general 5-year limit may still apply to injury claims, but notice rules, procedural requirements, and caps are different. Treat public-entity cases like emergencies: document, notify, and hire counsel early.

Minors and Legally Incapacitated Persons: Tolling (Extra Time)

Missouri “tolls” (pauses) the statute for people who are under 21 or mentally incapacitated when the claim arises. Once the disability ends, they can file within the standard time limits. Mo. Rev. Stat. § 516.170. In practice, a child injured in a crash may have until age 21 plus the applicable limitations period (often resulting in up to age 26 for general injury claims).

Because tolling dramatically affects timing and strategy, talk to a lawyer before assuming you can “wait until they turn 21.”

Uninsured/Underinsured Motorist (UM/UIM) Claims: Special Timing Issues

UM/UIM can be tricky because you’re often dealing with contract rights under your own policy—with contract-based statutes and policy deadlines layered on top. Missouri’s general limitation for actions on written contracts is 10 years (§ 516.110)—a reason some courts/lawyers view UM claims through a contract lens—but policy language may shorten certain steps (notice, proof, arbitration demands).

Bottom line: don’t rely on the “contract” timeline—act quickly and follow your policy’s requirements.

Pro tip: Immediately notify your insurer of any hit-and-run or uninsured driver crash. Many policies require prompt notice and additional steps for “phantom vehicle” claims.

Can Negotiating With the Insurance Company “Stop the Clock”?

No. Negotiations do not pause the statute of limitations. Only filing a lawsuit (or a written tolling agreement signed by both sides) stops the clock. Do not assume that a “promising” back-and-forth with an adjuster preserves your rights.

Could Missouri’s Deadlines Change?

Lawmakers periodically introduce bills to shorten the personal-injury statute (for example, proposals to reduce it to two years). As of now, the 5-year period remains in place—but watch for changes and don’t delay. Filing early protects you from legislative surprises.

Step-By-Step: What to Do Right Now (St. Louis & Statewide)

1. Get medical care today. Follow through on treatment and keep all records.

2. Report the crash to the police (if not already done) and request the Missouri Uniform Crash Report.

3. Notify insurers immediately. Notify the at-fault driver’s carrier and your own (for med-pay and UM/UIM). Policies can impose short internal deadlines.

4. Preserve evidence. Photograph vehicles, the scene (intersections like Kings highway & Lindell, Natural Bridge, or I-44 ramps), skid marks, signage, lighting, weather, and visible injuries. Save dash-cam footage and any EDR/black-box data.

5. Do not give recorded statements to the other driver’s insurer until you’ve spoken with counsel.

6. Track everything. Keep a binder: medical bills, EOBs, prescriptions, mileage to appointments, out-of-pocket costs, missed work.

7. Call a Missouri car accident lawyer early. An attorney can send preservation letters, investigate liability, identify all insurance layers (including stacked UM/UIM where applicable), and calendar all deadlines.

Special Situations That Change Your Timeline

• Hit-and-run/phantom vehicle: UM notice requirements are strict; call counsel immediately. (See policy language.)

• Commercial vehicles (18-wheelers, delivery fleets): Evidence (ELD data, driver qualification files, post-trip inspections) can be lost fast—counsel should send spoliation letters immediately.

• Multiple at-fault parties: Missouri’s comparative fault lets you pursue each responsible party; different insurance policies mean different notice requirements.

• Roadway defects (signage, sight lines, potholes, construction zones): Potential government liability triggers notice and cap issues; start fast.

• Alcohol-related crashes: Dram shop/wrongful death timelines still track the statutes above (5 years for personal injury; 3 years for wrongful death).

Missouri vs. Other States (Why You Shouldn’t “Use the Whole Five Years”)

Yes, Missouri’s 5-year window is longer than many states. But waiting is dangerous:

• Witnesses move or forget details.

• Businesses overwrite surveillance video in as little as 7–30 days.

• Vehicles get repaired or totaled, destroying key evidence (crush patterns, sensor logs).

• Insurers argue delays mean you weren’t really hurt.

The best cases are built early, not at year four.

Frequently Asked Questions (St. Louis/Missouri)

Q: Is the “five years” for filing a claim with insurance or filing a lawsuit?
A: It’s the lawsuit deadline. You can (and should) file insurance claims immediately—policy rules may require prompt notice well before any lawsuit is filed.

Q: What if I didn’t know I was hurt right away?
A: Many injuries (disc herniations, concussions) emerge later. You still should assume the clock starts on the accident date and act fast.

Q: Do I get five years for property damage too?
A: Yes—property damage (to your vehicle or personal items) is also within the 5-year statute.

Q: My child was injured. When does their time start?
A: Missouri tolls the statute for minors until age 21, then the standard period runs (often meaning until age 26 for injury claims). Don’t wait—evidence still fades.

Q: The City’s pothole caused my crash. Is the 5-year deadline the same?
A: You also must meet a 90-day written-notice requirement to the mayor for certain city defect claims in large cities like St. Louis—in addition to the general statute.

Q: What about a hit-and-run where we can’t ID the other driver?
A: That’s typically a UM claim. Follow your policy’s prompt-notice/verification rules and talk to counsel; some contract steps are much shorter than Missouri’s general statute.

Q: I keep getting low offers from the adjuster. Can I wait for a better one?
A: You can negotiate, but negotiations don’t pause the legal deadline. File suit (or get a tolling agreement) before time runs out.

Q: Could the law change to shorten the deadline?
A: Bills are sometimes proposed to cut the period to two years. Don’t risk it—file early.

What Your Lawyer Will Do (So You Don’t Miss a Deadline)

A strong St. Louis/Missouri car accident attorney will:

• Calendar every deadline (statutes, city notices, policy-specific clocks).

• Preserve evidence: send spoliation letters for EDR/black-box data, camera footage, maintenance logs, ELD files, and roadway records.

• Identify all coverages: liability, med-pay, UM/UIM (including potential stacking).

• Build damages: coordinate your medical proof and economic losses (including future care and vocational assessments).

• File suit on time: if an insurer stalls or lowballs, your attorney files well before the deadline—no last-minute scramble.

10 Practical Tips to Maximize Your Missouri Auto Claim

1. See a doctor immediately—gaps in treatment hurt credibility.

2. Follow medical advice and attend every appointment.

3. Photograph everything—vehicles, the scene, and injuries.

4. Don’t post about the crash on social media.

5. Keep a pain journal documenting daily limitations.

6. List all witnesses with phone numbers/emails.

7. Get the police report and verify accuracy quickly.

8. Use your med-pay coverage if available—it’s fault-neutral and helps early bills.

9. Let your lawyer speak to insurers—avoid recorded statements.

10. Start your claim early—don’t bank on the full five years.

Bottom Line

• Most Missouri auto injury lawsuits: 5 years from the crash.

• Wrongful death: 3 years from the date of death.

• Large-city street/sidewalk defects (e.g., St. Louis): 90-day mayoral notice required.

• Minors/incapacitated: tolling applies (the clock is paused).

• UM/UIM & insurance policies: act fast; policy deadlines can be much shorter.

If you were injured in a crash anywhere in St. Louis or Missouri, the safest move is to start now—not next month, not next year. Early action preserves evidence, strengthens your bargaining position, and ensures you never miss a deadline.

Injured in St. Louis or anywhere in Missouri? The longer you wait, the more you risk. Get answers, preserve evidence, and make the insurance company take you seriously—today.