One of the first questions I get from people who’ve been in a car accident is: “How long do I have to file a claim?” The answer in Missouri is five years from the date of the accident, under RSMo. §516.120. That’s one of the longest statutes of limitations in the country for personal injury claims.
But here’s what I tell every client: just because you have five years doesn’t mean you should wait five years. In fact, waiting is one of the worst things you can do for your case.
The Five-Year Rule
Missouri’s statute of limitations applies to personal injury lawsuits filed in civil court. This is the deadline for filing a lawsuit — not the deadline for settling a claim with an insurance company. If negotiations with the insurer break down and you need to take the case to court, you must file within five years of the accident date or risk losing your right to compensation entirely.
Important Exceptions
The five-year clock doesn’t apply the same way in every situation. If the injured person is a minor, the statute of limitations doesn’t begin until they turn 18 — so they have until age 23 to file. If the injured person is mentally incapacitated as a result of the accident, the clock may be paused until they regain competency. And if you’re filing a wrongful death claim because a loved one died from their accident injuries, the deadline is three years from the date of death — not the date of the accident.
Why Waiting Hurts Your Case
Five years is a long time. Evidence gets lost or destroyed. Surveillance camera footage from nearby businesses gets overwritten, usually within 30 to 90 days. Witnesses move away or forget details. Skid marks fade. Vehicles get repaired or junked. The police officer who responded to the scene may not remember anything about your accident two years later. Every month you wait makes your case harder to prove and less valuable.
Insurance companies also know about the statute of limitations, and some adjusters will intentionally drag out negotiations hoping you’ll run out of time to file suit. If you don’t have a lawyer watching the calendar, you could lose your right to sue without even realizing it.
What About Kansas?
If your accident happened in Southeast Kansas rather than Missouri, the rules are different. Kansas has a two-year statute of limitations for personal injury claims (K.S.A. §60-513). That’s a much tighter window. If you were injured in a crash in Cherokee County, Crawford County, or anywhere in Southeast Kansas, you need to move faster. Kansas also follows a modified comparative fault rule (K.S.A. §60-258a), meaning your recovery is barred entirely if your fault is equal to or greater than the defendant’s — unlike Missouri, which allows recovery regardless of your percentage of fault.
Don’t Wait
The best time to call a lawyer after a car accident is immediately. The second-best time is today. The consultation is free, and you pay nothing unless we recover money for you. When you’re hurt, call Kurt. (417) 553-4898.
Related Resources
- Car Accident Lawyer Joplin
- What to Do After a Car Accident in Missouri
- Why You Should Never Accept the First Settlement Offer
If you’ve been injured, contact Benecke Injury Law at (417) 553-4898 for a free case review.