In Missouri, the statute of limitations for most car accident claims in St. Louis, MO is five years from the date of the crash. This means that if you want to seek compensation for your injuries or property damage in court, you must file your lawsuit within that five-year window. If you miss this deadline, the court will almost always dismiss your case, no matter how strong your claim is.
516.120. What actions within five years. — Within five years:
(1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a different time is herein limited;
(2) An action upon a liability created by a statute other than a penalty or forfeiture;
(3) An action for trespass on real estate;
(4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated;
(5) An action for relief on the ground of fraud, the cause of action in such case to be deemed not to have accrued until the discovery by the aggrieved party, at any time within ten years, of the facts constituting the fraud.
Exceptions to the Statute of Limitations for Car Accidents in St. Louis, Missouri
While Missouri generally has a fixed deadline for filing car accident claims, certain situations can extend, pause, or shorten that timeframe.
Under 21 (Minor Plaintiffs)
If the person injured in a car accident is under the age of 21, the statute of limitations does not begin to run until their 21st birthday. This means they have until they are 26 to file their claim.
Disability
For people who are considered legally disabled due to physical or mental incapacity, the statute of limitations is paused until the disability is removed. The victim has the standard amount of time to file a claim starting from the date they are no longer disabled.
516.170. Except as provided in section 516.105, if any person entitled to bring an action in sections 516.100 to 516.370 specified, at the time the cause of action accrued be either within the age of twenty-one years, or mentally incapacitated, such person shall be at liberty to bring such actions within the respective times in sections 516.100 to 516.370 limited after such disability is removed.
Defendant Leaves The State
If the person responsible for the accident leaves the state of Missouri, the statute of limitations may be “tolled,” or suspended, for the period they are out of state. Once the defendant returns to Missouri, the clock starts running again, giving the injured party the full timeframe allowed by law.
516.200. If defendant be out of state before or departs after cause of action commences, when action may be commenced. — If at any time when any cause of action herein specified accrues against any person who is a resident of this state, and he is absent therefrom, such action may be commenced within the times herein respectively limited, after the return of such person into the state.
Claims Against the Government
Claims involving a government agency, such as when the accident involves a city or state vehicle, have different rules. You must provide formal notice of your claim within 90 days of the incident, which is much sooner than ordinary cases. Waiting too long can mean losing the right to recover damages against the government.
Fraudulent Concealment
If a negligent party intentionally hides their involvement or the extent of their responsibility for the accident, the statute of limitations is paused.
516.280. Limitation not to be extended by improper acts of defendant. — If any person, by absconding or concealing himself, or by any other improper act, prevent the commencement of an action, such action may be commenced within the time herein limited, after the commencement of such action shall have ceased to be so prevented.
It doesn’t start until the injured person discovers, or reasonably should have discovered, the fraud. This exception exists to make sure no one can avoid liability by hiding important facts.
Navigating the statute of limitations and its exceptions can be complex, so contacting our qualified St. Louis car accident attorneys at Meyerkord & Kurth right away is the best way to protect your rights.