The short answer
- You generally have 5 years to file a lawsuit. Mo. Rev. Stat. §516.120 — one of the longest deadlines in the US.
- Missouri uses pure comparative negligence — no fault bar. Even if you're 90% at fault, you can still recover something.
- Missouri is an at-fault state. Minimum liability insurance is 25/50/25, with mandatory uninsured motorist coverage.
Last checked 1 July 2026
Missouri combines two genuinely claimant-friendly features: a five-year deadline (among the longest in the country) and a fault rule with no cutoff. A 2025 legislative attempt to shorten the deadline didn’t pass, so it remains five years for 2026.
A bill to shorten Missouri's five-year deadline passed the House in 2025 but died in the Senate — worth knowing if you've seen conflicting information.
Missouri car accident laws at a glance
| Rule | What applies in Missouri | Statute | Detail |
|---|---|---|---|
| Deadline to file an injury lawsuit | 5 years | Mo. Rev. Stat. §516.120 | Read more |
| Fault rule | Pure comparative negligence — no bar | Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983) | Read more |
| Insurance system and minimums | At-fault system, 25/50/25 minimum | Mo. Rev. Stat. §303.190 | Read more |
| Wrongful death deadline | Three years from the date of death | See the section | Read more |
Last checked 1 July 2026. Each row links to the section that explains it, with the statute.
How long do I have to file a car accident lawsuit in Missouri?
Under Mo. Rev. Stat. §516.120, you generally have five years from the date of the accident to file a personal injury or property damage lawsuit — notably longer than the two-year deadline common in most states. Wrongful death claims have a shorter, three-year deadline.
What if I was partly at fault in Missouri?
Under Missouri’s pure comparative negligence rule (established in Gustafson v. Benda, 1983), your damages are reduced by your percentage of fault, but there is no cutoff. Even if you’re found 90% at fault, you can still recover the remaining 10%.
- Found 15% at fault → you recover 85% of your damages
- Found 90% at fault → you still recover the remaining 10%
- There is no percentage that bars recovery entirely, unlike most states
What car insurance does Missouri require?
Missouri is an at-fault state — there is no PIP mandate. Minimum liability limits are 25/50/25: $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage. Uninsured motorist coverage of $25,000/$50,000 is mandatory.
RelatedCar accident with no insuranceHow UM/UIM coverage works when the other driver can’t pay.
How this plays out in a real claim
Take a rear-end collision where the trailing driver was following too closely, but the lead driver’s brake lights weren’t working. An insurer might assign 70% fault to the trailing driver and 30% to the lead driver. Because Missouri follows pure comparative negligence, the lead driver’s compensation is reduced by their 30% share — not eliminated by it, and not eliminated even if their share were 90%. This is also why insurers in Missouri tend to focus heavily on negotiating your fault percentage upward, rather than trying to push you past a bar that doesn’t exist here.
What mistake should I avoid after a crash in Missouri?
Because Missouri’s rule has no bar at all, some people assume a high fault percentage means there’s no point pursuing a claim. That’s rarely true here — even a driver found 80% or 90% at fault can still recover their remaining share, so it’s worth having the claim properly valued rather than assuming a disputed-fault situation isn’t worth pursuing.
What if a government vehicle or agency was involved?
Missouri specifically waives sovereign immunity for injuries caused by a public employee’s negligent operation of a motor vehicle (Mo. Rev. Stat. §537.600), so most government-vehicle crash claims face less procedural friction here than in many states. Damages are capped at $300,000 per person and $2,000,000 per occurrence (§537.610), and a claim against the state itself goes to the Commissioner of Administration within two years.
What is the deadline if the crash caused a death?
Missouri gives three years from the date of death for a wrongful death claim (Mo. Rev. Stat. §537.100), following a strict priority order — spouse and children first, then parents, then siblings, with the court able to appoint someone to sue if no qualifying relative comes forward. Missouri places no cap on damages in an ordinary wrongful death case; caps apply only in medical malpractice wrongful death claims.
Beyond the deadline and the fault rule
The statute of limitations and the fault rule above decide whether you have a claim and how much of it survives — they don’t decide what the claim is actually worth, or whether it’s worth handling yourself. For that, see our guides on what affects a settlement, who pays your medical bills while a claim is pending, and whether Missouri law makes a lawyer worth it for your specific situation.
When should I talk to a lawyer in Missouri?
With no fault cutoff, disputes in Missouri tend to focus on the exact fault percentage. A conversation with a qualified lawyer can help if fault is contested.
- 5-year deadline to file — one of the longest in the US; 3 years for wrongful death.
- Pure comparative negligence: no fault percentage bars recovery.
- At-fault state, no PIP mandate; minimum insurance is 25/50/25.
- Claims against a police officer or government entity may follow a shorter 3-year rule instead.
Common questions
How long do I have to sue after a car accident in Missouri?
Generally five years from the date of the accident (Mo. Rev. Stat. §516.120) — one of the longest deadlines in the country. A 2025 bill to shorten this did not pass.
What happens if I was mostly at fault in Missouri?
You can still recover damages, reduced by your percentage of fault, even if found up to 99% at fault. Missouri's pure comparative negligence rule (Gustafson v. Benda) has no cutoff.
Is Missouri a no-fault state?
No. Missouri is an at-fault state with no PIP mandate — the driver responsible for the crash is liable for damages through their insurance.
What is the minimum car insurance required in Missouri?
Missouri requires 25/50/25 liability coverage: $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage, with mandatory uninsured motorist coverage.
What if I was partly at fault for the accident in Missouri?
Missouri follows pure comparative negligence, so your compensation is reduced by your percentage of fault, whatever that percentage is — there is no threshold that eliminates your claim entirely.
What if a government vehicle or agency caused the crash in Missouri?
Missouri specifically waives sovereign immunity for injuries caused by a public employee's negligent operation of a motor vehicle (Mo. Rev. Stat. §537.600), so most government-vehicle crash claims face less procedural friction here than in many states. Damages are capped at $300,000 per person and $2,000,000 per occurrence (§537.610), and a claim against the state itself goes to the Commissioner of Administration within two years.
How long do I have to bring a wrongful death claim in Missouri?
Missouri gives three years from the date of death for a wrongful death claim (Mo. Rev. Stat. §537.100), following a strict priority order — spouse and children first, then parents, then siblings, with the court able to appoint someone to sue if no qualifying relative comes forward. Missouri places no cap on damages in an ordinary wrongful death case; caps apply only in medical malpractice wrongful death claims.
What mistake should I avoid after a crash in Missouri?
Because Missouri's rule has no bar at all, some people assume a high fault percentage means there's no point pursuing a claim. That's rarely true here — even a driver found 80% or 90% at fault can still recover their remaining share, so it's worth having the claim properly valued rather than assuming a disputed-fault situation isn't worth pursuing.
How does the Missouri fault rule work in a real claim?
Take a rear-end collision where the trailing driver was following too closely, but the lead driver's brake lights weren't working. An insurer might assign 70% fault to the trailing driver and 30% to the lead driver.
When is it worth talking to a lawyer in Missouri?
With no fault cutoff, disputes in Missouri tend to focus on the exact fault percentage. A conversation with a qualified lawyer can help if fault is contested.
Sources
Written by The Accident Advisory editorial team from the sources below.
- Mo. Rev. Stat. §516.120 — five-year statute of limitations.
- Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983) — established pure comparative negligence in Missouri.
- Mo. Rev. Stat. §303.190 — minimum liability insurance requirements.
- Mo. Rev. Stat. §379.203 — mandatory uninsured motorist coverage.
The Accident Advisory provides free, general information and is not a law firm and does not provide legal advice. This page reflects Missouri law as of the "last checked" date shown below and may not reflect subsequent changes. Always confirm current law or speak with a licensed Missouri attorney before relying on this for a decision.