What Are Missouri's Car Accident Laws?

If you've been in a car accident in Missouri:

• The Missouri statute of limitations gives you five years to file a lawsuit for car accident injuries or vehicle damage.
• The state's "comparative negligence" rule lets you get compensation from other at-fault drivers even when you're partly responsible for causing the accident.
• You almost always need to report a car accident in Missouri, especially if the crash involved an uninsured driver.

Let's dive into the state laws that could come into play after a Missouri traffic accident.

What Is the Missouri Car Accident Statute of Limitations?

A "statute of limitations" is a state law that sets a strict time limit on your right to bring a lawsuit to court. In Missouri, the statute of limitations that will apply to a lawsuit over a vehicle accident depends on whether that accident caused property damage or injury, or death.

First, according to Missouri Revised Statutes section 516.120, anyone injured in the accident—and that includes a driver, passenger, motorcyclist, bicyclist, electric scooter rider, or pedestrian—must get their civil lawsuit filed within five years of the date of the accident. That same five-year deadline applies to an accident that caused vehicle or other property damage.

When a Missouri Car Accident Results in Death

But, if the accident resulted in someone's death, and a family member or other representative wants to bring a wrongful death claim against the at-fault driver, that case must be filed within three years, and the "clock" starts on the date of the person's death (which can be different from the date of the accident). That deadline is set by Missouri's rules for wrongful death cases, which you can find at Missouri Revised Statutes section 537.100.

What If I Miss the Car Accident Lawsuit Deadline in Missouri?

If you try to file your lawsuit after the applicable time limit has passed, you can count on the defendant (the person you're trying to sue) pointing out that discrepancy to the court as part of a motion to dismiss. The court will almost certainly grant the motion (unless some rare exception applies to extend the filing deadline), and that will be the end of your case. That's why it's crucial to understand how the statute of applies to your situation.

Even if you're confident that your case will be resolved through the car insurance claim process, you'll want to leave yourself plenty of time to file a lawsuit in case you need to—if for no other reason than that you'll have more leverage during settlement talks. If you think you might be running up against the filing deadline, you may want to contact an experienced Missouri car accident attorney.

What If Both Drivers Are at Fault for a Missouri Car Accident?

Suppose you're seriously injured in a Missouri car accident, and you take your case to court. The jury, after hearing all the evidence, decides that the other driver was responsible for the accident—but that you too bear part of the blame. What happens next? How does this verdict affect your right to compensation?

Missouri is a "pure comparative fault" state. This means that the amount of damages you can recover in a car-accident-related lawsuit is reduced by the same percentage as your level of fault in causing the crash.

For instance, suppose that the jury determines that your injuries, pain and suffering, and other losses total $100,000. However, the jury also thinks that you were 10 percent responsible for the crash. In that situation, the total amount of your damages, $100,000, is reduced by 10 percent, or $10,000, leaving you with a total award of $90,000.

The comparative fault rule applies in Missouri even if you are found to be more responsible for the accident than the other driver. For instance, if the jury decides you are 90 percent at fault, you are still technically entitled to 10 percent of your total damages, but of course the other side of the coin is that you'll be on the hook for 90 percent of the other driver's damages.

The comparative negligence rule binds Missouri judges and juries (if your car accident case makes it to court), and it will also guide a car insurance claims adjuster when he or she is evaluating your case. Also keep in mind that since there is no empirical means of allocating fault, any assignment of liability will ultimately come down to your ability to negotiate with a claims adjuster or to persuade a judge or jury.

Do I Need to Report a Car Accident in Missouri?

You must report any Missouri car accident to the state's Driver License Bureau if the crash:

• involved an uninsured motorist, and
• caused injury, death, or property damage of more than $500.

You'll need to use the state's official Motor Vehicle Accident Report (Form 1140).

Do I Need Car Insurance in Missouri?

All vehicle owners need to comply with Missouri's "financial responsibility" laws, which require proof of your ability to pay for other people's losses (injuries and vehicle damage) if you cause an accident. That almost always means buying a car insurance policy (though there are other ways to comply with the law). Get the details on Missouri's car insurance rules.

Can I Drive a Salvage Vehicle in Missouri?

No, when a vehicle has been assigned a Salvage Title in Missouri (usually after it's been declared a "total loss" by an insurance company after an accident), you can't legally drive it. But you can title a rebuilt vehicle that's currently under a Salvage Title. To do this, you'll typically need to:

• complete the repair/rebuilding process to get the vehicle in safe drivable condition
• get the vehicle inspected by an authorized law enforcement examiner
• complete, sign, and submit a "Missouri Title and License" form, and
• complete, sign, and submit a "Vehicle Examination Certificate."

Learn more about Titling Rebuilt Vehicles in Missouri (from the Missouri Department of Revenue).

Getting Help After a Missouri Car Accident

Educating yourself about Missouri's car accident laws is one thing, but if you've been injured in a car accident, you might need more than just information. In some situations it might make sense to handle your own car accident claim, if you're confident you can come away with the best result.

Learn when you might need a lawyer after a car accident, and how to find the right attorney for an injury case.