Car Accident Statute Of Limitations

If you were hurt in a Missouri car accident, a legal clock is already running on your right to sue, and missing it means losing your case no matter how strong it is otherwise. Our team at Wendt Law Firm offers free consultations to drivers hurt anywhere in the Kansas City metro, so you can find out exactly how long you have. Call (816) 531-4415 or contact us online to get started.

Missouri’s Filing Deadlines

Missouri sets the general filing window at 5 years from the date of a car accident to file a personal injury lawsuit under Missouri Revised Statutes § 516.120. If a loved one died in the crash, a wrongful death claim must be filed within 3 years under Missouri Revised Statutes § 537.100. Five years sounds like plenty of time, but evidence fades much faster than the law allows.

Kansas Runs on a Shorter Clock

If your crash happened on the Kansas side of the metro, the deadline is far less forgiving. Kansas gives you only 2 years from the date of the accident to file a personal injury lawsuit under K.S.A. § 60-513, and the same two-year deadline applies to a wrongful death claim. Missouri’s five-year window can lull people into a false sense of security, so confirming which state’s law applies to your crash matters as much as knowing the deadline itself.

Exceptions That Can Change Your Deadline

Missouri law pauses or shortens the clock in certain situations, and assuming the standard deadline applies can be a costly mistake. Common exceptions include:

• Injured minors: The clock does not start until the child turns 21 under Missouri Revised Statutes § 516.170.
• Incapacitated victims: The deadline is paused while a person is mentally incapacitated.
• Defendants who leave the state: Time the at-fault driver spends outside Missouri may not count against your deadline.
• Government defendants: Claims involving city, county, or state vehicles often require notice within 90 days, far sooner than the standard deadline.
• Kansas tolling exceptions: Kansas law also pauses the clock in certain situations, including when the injured person is a minor or legally incapacitated at the time of the crash, so Kansas-side readers should not assume no exceptions exist for them. 

What Happens If You Miss the Deadline?

Once the statute of limitations expires, the at-fault driver’s insurer has no reason to negotiate. If you file anyway, the defense will move to dismiss, and the court will grant it in nearly every case. Exceptions are rare and narrow, which is why confirming your deadline early matters more than almost anything else in your case.

Why Injured Drivers in Kansas City Choose Our Firm

Deadlines are only one piece of a car accident claim, and our team handles all of them while you focus on recovery. We investigate quickly, preserve evidence before it disappears, and take on the insurance company’s delay tactics head-on. Our car accident attorneys have recovered millions for injured Missourians and Kansans, and you can see what that looks like on our case results page and hear directly from past clients on our testimonials page. You pay nothing unless we win.

Frequently Asked Questions About the Car Accident Statute of Limitations

What Happens If the At-Fault Driver Was Never Identified?

Hit-and-run cases still fall under the same deadline that would otherwise apply, but locating the responsible driver often takes additional investigation. Reporting the accident right away preserves evidence and keeps your uninsured motorist coverage options open, which is the part of your own insurance policy that can step in if the at-fault driver cannot be identified or has no insurance.

Can You Still Settle With the Insurance Company After the Deadline Passes?

In rare cases, an insurer may still make a low settlement offer to close its file, but it has no legal obligation to pay once your right to sue has expired. Waiting until the deadline passes removes your only leverage to force a fair payout, which is why confirming your filing deadline early protects your ability to negotiate from a position of strength.

When Does the Clock Start If Your Injuries Showed Up Later?

As a narrow exception to the general rule described above, the clock can start later than the crash date if your injury was not reasonably discoverable right away. Delayed injuries like herniated discs or brain trauma can complicate this, so get a legal opinion before assuming you are out of time.

Do Not Let the Clock Decide Your Case

Every day that passes gives the insurance company an advantage you cannot get back. Our team is ready to confirm your deadline, preserve your evidence, and fight for the full compensation you deserve. Call us at Wendt Law Firm at (816) 531-4415 or contact us online for your free consultation today.