# Missouri car accident law: deadlines, fault and your claim

> Missouri car accident claims: the 5-year injury deadline, 3 years for wrongful death, pure comparative fault, required UM coverage and crash reports.

Canonical page: https://accidentclaimfacts.com/location/missouri/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

In Missouri you generally have 5 years to file a lawsuit for injuries or vehicle damage from a crash, but only 3 years for a wrongful death claim. Missouri uses pure comparative fault: your damages are reduced by your share of fault, but you are never shut out. Every Missouri policy must include uninsured motorist coverage, and settlement demands with a deadline must follow formal rules set by statute.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Injury lawsuit deadline | 5 years | Mo. Rev. Stat. § 516.120(4) |
| Vehicle damage deadline | 5 years | Same subsection as injuries |
| Wrongful death deadline | 3 years | After the cause of action accrues |
| Fault rule | Pure comparative fault | Damages reduced, never barred |
| Notice to a government body | 90 days for street defects in cities of 100,000+ | Written notice to the mayor |
| Minimum liability insurance | $25,000 per person, $50,000 per crash, $25,000 property | Uninsured motorist coverage also required |
| Fault or no-fault | At-fault | PIP: Not required |
| Traffic deaths, 2024 | 955 people | 15.3 per 100,000 people |
| Find a lawyer | The Missouri Bar's LawyerSearch | (573) 635-4128 |

## Filing deadlines in Missouri

Missouri's statute of limitations for personal injury and property damage is 5 years, set by the same subsection of the Revised Statutes. Wrongful death claims are on a shorter clock.

| Claim | Deadline | Law |
|---|---|---|
| Personal injury | 5 years | Mo. Rev. Stat. § 516.120(4) |
| Damage to your vehicle or other property | 5 years | Mo. Rev. Stat. § 516.120(4) |
| Wrongful death | 3 years after the cause of action accrues | Mo. Rev. Stat. § 537.100 |
| Injury from a street defect in a city of 100,000 or more | Written notice to the mayor within 90 days | RSMo § 82.210 |

For an injured child, the deadline starts to run only after the injured person turns 21: the general limitations chapter does not count the time before that birthday, a form of tolling. The wrongful death statute has its own tolling rules, so a lawyer can confirm how they apply to a family's claim.

Claims against public bodies follow special rules. Missouri waives sovereign immunity for injuries directly caused by public employees' negligence in operating motor vehicles while on the job, but only up to set limits. The statute's base limits are $300,000 per person and $2,000,000 for all claims from one occurrence. They are recalculated every January 1 by the director of the Department of Commerce and Insurance, using an inflation index, so the current figures are different. Punitive damages against a public entity are not allowed.

> **Warning:** Insurance talks do not pause any of these deadlines. A long injury deadline can make it easy to wait, but evidence fades and the wrongful death limit is shorter.

## How fault is shared in Missouri

Missouri's comparative fault rule comes from the Supreme Court of Missouri, which introduced comparative fault into Missouri negligence law in Gustafson v. Benda. Each person's share of fault is set as a percentage, and your damages are reduced by your own share. No share of fault, however large, bars the claim.

> **Example:** A jury finds you 60% at fault for pulling out in front of a speeding driver, who is 40% at fault. You can still recover 40% of your proven damages. The other driver can recover 60% of their own damages from you.

Because both drivers can recover, every percentage point changes both claims. Try the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=mo&fault=20#fault) to see how Missouri compares with states that bar recovery at 50% or 51%.

## Insurance in Missouri

Missouri is an at-fault state. Drivers must carry at least $25,000 per person and $50,000 per crash for injuries and $25,000 for property damage. Personal injury protection is not required.

- **Uninsured motorist coverage:** Required: $25,000/$50,000. It pays when the at-fault driver has no insurance.
- **Underinsured motorist coverage:** Not required (optional). It pays when the at-fault driver's limits are too low.
- **Medical payments coverage:** Optional.

The Insurance Information Institute estimates that 20.7% of Missouri drivers were uninsured in 2023, against 15.4% nationally. Our guide to [crashes with uninsured drivers](https://accidentclaimfacts.com/accidents/uninsured-driver-accidents/) covers how those claims work. For help with an insurer, the Missouri Department of Commerce and Insurance hotline is 1-800-726-7390 (Insurance Consumer Hotline).

## After a crash in Missouri

Missouri's crash-reporting rule centers on uninsured drivers. If a crash involves an uninsured motorist and someone is killed or hurt, or one person's property suffers more than $500 of damage, the drivers or owners involved must report it in writing to the Director of Revenue within 30 days. A driver or owner who has no liability insurance must report any crash the same way.

For crashes worked by the Missouri State Highway Patrol, request the Missouri Uniform Crash Report online through the Highway Patrol's Public Records Center, as a Traffic Crash Report Request. You can pay online by card. Our guide to [police reports](https://accidentclaimfacts.com/claim-process/police-report/) explains what the report contains.

## Special rules in Missouri

**Time-limited demands.** A time-limited demand, a settlement offer with a deadline, must be in writing, refer to the statute and go to the insurer by certified mail, return receipt requested. It must stay open at least 90 days after the insurer receives it and include a list of treating providers with HIPAA-compliant authorizations, plus a list of employers with authorizations if lost wages are claimed. Any payment deadline must be at least 10 days after the insurer receives the signed release. Our [demand letter guide](https://accidentclaimfacts.com/claim-process/demand-letter/) covers the full list of terms.

**Medical liens.** Hospitals, clinics and practitioners can hold a lien on an injury settlement. When those liens add up to more than half of the amount due the patient, they share in up to 50% of the net proceeds, meaning what is left after the lawyer's contract fee and other expenses of recovery. The [medical liens guide](https://accidentclaimfacts.com/money/medical-liens-and-subrogation/) explains how this works.

**Seat belts.** Evidence that you were not wearing a seat belt is admissible only to reduce damages, and only after expert evidence shows the missing belt contributed to the injuries. Even then, the reduction can be no more than 1% of the damages awarded.

## Crashes on Missouri roads

The Insurance Institute for Highway Safety counted 955 crash deaths in Missouri in 2024, or 15.3 per 100,000 people. The US rate was 11.5 per 100,000 people.

| Measure, 2024 | Missouri |
|---|---|
| Crash deaths | 955 |
| Deaths per 100,000 people | 15.3 (US: 11.5) |
| Share of deaths that were speeding-related | 33% |
| Share of deaths on rural roads | 47% |

## Finding a lawyer in Missouri

The Missouri Bar offers two free online tools. [LawyerSearch](https://mobar.org/public/LawyerSearch.aspx) lists lawyers who chose to be included, by practice area and county; the Bar says inclusion is not an endorsement. The [Lawyer Directory](https://mobar.org/public/LawyerDirectory.aspx) lists every lawyer in good standing with the Supreme Court of Missouri, so you can confirm a license before you sign anything. The Bar's phone number is (573) 635-4128.

Our guide on [questions to ask a lawyer](https://accidentclaimfacts.com/choosing-a-lawyer/questions-to-ask-a-lawyer/) can help with a first meeting, and the [claim process guide](https://accidentclaimfacts.com/claim-process/) walks through each step.

## FAQ

### What is the statute of limitations for a car accident in Missouri?

Generally 5 years for injuries and vehicle damage. A wrongful death claim must be filed within 3 years after the cause of action accrues, which is a much shorter window.

### Is Missouri a no-fault state?

No. Missouri is an at-fault state, so the driver who caused the crash, through their insurer, pays for the losses. Personal injury protection is not required, but every policy must include uninsured motorist coverage.

### Can I recover if I was partly at fault in Missouri?

Yes. Missouri uses pure comparative fault, so your damages are reduced by your percentage of fault but never barred. At 60% fault, you could still recover 40% of your proven damages.

### Can I sue a city or the state after a crash with a government vehicle in Missouri?

Missouri waives sovereign immunity for injuries caused by public employees driving on the job, up to limits that are recalculated every year. Punitive damages are not allowed against a public entity. A licensed Missouri attorney can confirm the current limits and any notice rules for a specific city.

### Does not wearing a seat belt hurt my claim in Missouri?

Only a little, by law. The other side needs expert evidence that the missing belt contributed to your injuries, and even then the reduction cannot exceed 1% of the damages awarded.

### How do I get a crash report in Missouri?

For a crash worked by the Highway Patrol, submit a Traffic Crash Report Request through the Patrol's online Public Records Center and pay by card. The [police report guide](https://accidentclaimfacts.com/claim-process/police-report/) explains what to check once you have it.

## Sources

- [Revisor of Missouri, RSMo § 537.600](https://revisor.mo.gov/main/OneSection.aspx?section=537.600) — sovereign immunity waiver for vehicle claims
- [Missouri Department of Commerce and Insurance, Automobile insurance](https://insurance.mo.gov/automobile-insurance) — required coverages
- [Missouri State Highway Patrol, FAQs](https://statepatrol.dps.mo.gov/faq) — crash report requests
- [The Missouri Bar, LawyerSearch](https://mobar.org/public/LawyerSearch.aspx) — finding a lawyer
- [Missouri Revisor of Statutes, RSMo § 516.120](https://revisor.mo.gov/main/OneSection.aspx?section=516.120), checked October 29, 2026
- [Missouri Revisor of Statutes, RSMo § 537.100](https://revisor.mo.gov/main/OneSection.aspx?section=537.100), checked October 29, 2026
- [Revisor of Missouri, RSMo § 82.210](https://revisor.mo.gov/main/OneSection.aspx?section=82.210), checked October 29, 2026
- [The Missouri Bar, Home page](https://mobar.org/), checked October 29, 2026
- [Revisor of Missouri, RSMo § 516.170](https://revisor.mo.gov/main/OneSection.aspx?section=516.170), checked October 29, 2026
- [Revisor of Missouri, RSMo § 537.610](https://revisor.mo.gov/main/OneSection.aspx?section=537.610), checked October 29, 2026
- [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 29, 2026
- [Revisor of Missouri, RSMo § 303.040](https://revisor.mo.gov/main/OneSection.aspx?section=303.040), checked October 29, 2026
- [Revisor of Missouri, RSMo § 537.058](https://revisor.mo.gov/main/OneSection.aspx?section=537.058), checked October 29, 2026
- [Missouri Revisor of Statutes, RSMo § 430.225](https://revisor.mo.gov/main/OneSection.aspx?section=430.225), checked October 29, 2026
- [Revisor of Missouri, RSMo § 307.178](https://revisor.mo.gov/main/OneSection.aspx?section=307.178), checked October 29, 2026
- [Alabama Department of Insurance, State Auto Insurance Laws](https://www.aldoi.gov/Consumers/StateAutoLaws.aspx), checked October 28, 2026
- [Revised Statutes of Missouri, Section 379.203 (uninsured motorist coverage required)](https://revisor.mo.gov/main/OneSection.aspx?section=379.203), checked October 28, 2026
- [Missouri Department of Commerce and Insurance, Other Types of Automobile Insurance](https://insurance.mo.gov/other-types-automobile-insurance), checked October 28, 2026
- [Missouri Department of Commerce and Insurance, Home page](https://insurance.mo.gov/), checked October 28, 2026
- [IIHS, Fatality Facts 2024: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state), checked June 1, 2026