Car Accident Statute of Limitations in Missouri
Last verified 2026-07 · Source: Mo. Rev. Stat. § 516.120(4) ✓ verified · 3 sources
The deadline
5 years
from the date of the accident, under Mo. Rev. Stat. § 516.120(4).
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If you're researching car accident lawsuits in Missouri, the single most important number is 5 years. That's how long Mo. Rev. Stat. § 516.120(4) gives you to file a car accident lawsuit, counted from the date of the accident. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Missouri Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Car Accident | 5 years | Mo. Rev. Stat. § 516.120(4) |
| Credit Card Debt | 5 yrs | Mo. Rev. Stat. § 516.120(1) |
| Medical Malpractice | 2 yrs | RSMo § 516.105 |
| Wrongful Death | 3 yrs | Mo. Rev. Stat. § 537.080; § 537.090; § 537.100 |
| Personal Injury | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
| Dog Bite | 5 yrs | Mo. Rev. Stat. § 273.036 |
| Slip and Fall | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
| Defamation | 2 yrs | Mo. Rev. Stat. § 516.140 |
| Breach of Contract | 10 yrs | Mo. Rev. Stat. § 516.110 |
| Medical Debt | 5 yrs | RSMo § 516.120 |
When the Clock Starts
In Missouri, the limitations period for car accident lawsuits generally begins on the date of the accident. Missouri recognizes a discovery rule for this claim type: Under Mo. Rev. Stat. § 516.100 the cause of action accrues not when the wrong is done but when the resulting damage is sustained and capable of ascertainment, which can delay the start of the clock for latent injuries.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Suing a Missouri public entity over a crash is possible because sovereign immunity is expressly waived for injuries directly resulting from negligent acts or omissions by public employees arising out of the operation of motor vehicles within the course of their employment (Mo. Rev. Stat. § 537.600.1(1)).
Missouri's five-year deadline (unchanged since its August 28, 1939 effective date) is among the longest in the country, and the same subdivision, § 516.120(4), also covers vehicle property-damage claims from the crash.
Source: Mo. Rev. Stat. § 516.120(4), official Missouri statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Missouri government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Missouri Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Missouri | 5 years | Mo. Rev. Stat. § 516.120(4) |
| Iowa | 2 yrs | Iowa Code § 614.1(2) |
| Illinois | 2 yrs | 735 ILCS 5/13-202 |
| Kentucky | 2 yrs | Ky. Rev. Stat. § 304.39-230(6) |
| Tennessee | 1 yr | Tenn. Code Ann. § 28-3-104 |
| Arkansas | 3 yrs | Ark. Code Ann. § 16-56-105 |
| Oklahoma | 2 yrs | Okla. Stat. tit. 12, § 95(A)(3) |
| Kansas | 2 yrs | K.S.A. § 60-513(a)(4) |
| Nebraska | 4 yrs | Neb. Rev. Stat. § 25-207(3) |
Frequently Asked Questions
How long do I have to file a car accident lawsuit in Missouri?
You have 5 years from the date of the accident, under Mo. Rev. Stat. § 516.120(4).
Can I still sue after 5 years in Missouri?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to car accident lawsuits in Missouri?
Yes. Under Mo. Rev. Stat. § 516.100 the cause of action accrues not when the wrong is done but when the resulting damage is sustained and capable of ascertainment, which can delay the start of the clock for latent injuries.
What if the victim was a minor?
Missouri generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Suing a Missouri public entity over a crash is possible because sovereign immunity is expressly waived for injuries directly resulting from negligent acts or omissions by public employees arising out of the operation of motor vehicles within the course of their employment (Mo. Rev. Stat. § 537.600.1(1)).
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Sources
- Official Mo. Rev. Stat. § 516.120 — What actions within five years (Missouri Revisor of Statutes)
- Corroborating Missouri Revised Statutes § 516.120 (2025) — Justia statute mirror
- Corroborating Missouri Revised Statutes § 516.120 — FindLaw statute mirror
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Missouri attorney.