By Serdar Arslan, editor · Last reviewed · How we research
Missouri leaves injured drivers 5 years to file suit for injuries or vehicle damage. Wrongful death claims are shorter at 3 years, usually counted from the date of death. Fault is shared under pure comparative negligence, adopted in Gustafson v. Benda in 1983, so even a mostly at-fault driver can recover a reduced share.
Paperwork follows a 30-day rule: you must report a crash to the Director of Revenue within 30 days if anyone was killed or injured or one person's property damage exceeds $500, and uninsured drivers must report any crash. For crashes with public employees driving government vehicles, Missouri waives immunity but caps recovery at base amounts of $300,000 per person and $2,000,000 per occurrence, adjusted yearly, with no punitive damages. Some cities have their own short written-notice rules. Uninsured motorist coverage is required, with liability minimums of 25/50/25. A Highway Patrol report costs $6 per copy. Missouri had 955 traffic deaths in 2024.
Key rules at a glance
| Personal injury filing deadline | Generally 5 years for injury claims after a crash Source: Mo. Rev. Stat. § 516.120(4) |
|---|---|
| Property damage deadline | Generally 5 years for damage to your vehicle or other personal property Source: Mo. Rev. Stat. § 516.120(4) |
| Wrongful death deadline | Generally 3 years after the cause of action accrues, which is usually the date of death Source: Mo. Rev. Stat. § 537.100 |
| Claims against a government entity | Missouri waives sovereign immunity for injuries caused by public employees driving motor vehicles, but recovery is capped by statute (base amounts of $300,000 per person and $2,000,000 per occurrence, adjusted yearly for inflation) and punitive damages are not available. Some cities have their own short written-notice rules, so check the city's requirements quickly. |
| Fault rule | Pure comparative fault: Your damages are reduced by your percentage of fault, even if you were mostly at fault. Source: Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983) |
| Insurance system | At-fault (tort) |
| Minimum liability insurance | $25,000 per person / $50,000 per accident bodily injury; $25,000 property damage |
| Uninsured motorist coverage | Required |
| Damage caps | No general cap on compensatory damages in car accident cases against private drivers. Claims against public entities are capped under Mo. Rev. Stat. § 537.610. Punitive damages are limited by separate statute; check the current rules or ask a licensed attorney. |
| Reporting a crash | You must report a crash to the Director of Revenue within 30 days if anyone was killed or injured or property damage to any one person exceeds $500. Drivers or owners without liability insurance must report any crash in Missouri. Source: Mo. Rev. Stat. § 303.040 |
Getting your crash report in Missouri
For crashes worked by the Missouri State Highway Patrol, wait about 10 days, fill out the online records request form, then send it with $6 per report (check or money order, no cash) to the troop headquarters where the crash happened. For crashes handled by city police or a sheriff, request the report from that agency. Official request page
Checking a Missouri lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: The Missouri Bar – MissouriLawyersHelp.org (LawyerSearch)
- Lawyer referral: The Missouri Bar – MissouriLawyersHelp.org · 573-636-3635
955 people died in motor vehicle crashes in Missouri in 2024, according to NHTSA FARS (2024).
Frequently asked questions
›Do I really have 5 years to sue after a Missouri crash?
Generally yes, for injury and vehicle damage claims (Mo. Rev. Stat. § 516.120(4)). Wrongful death claims have a shorter 3-year deadline, usually from the date of death (§ 537.100).
›What is the 30-day report to the Director of Revenue?
You must report a crash to the Missouri Director of Revenue within 30 days if anyone was killed or injured or property damage to any one person exceeds $500 (Mo. Rev. Stat. § 303.040). Drivers or owners without liability insurance must report any crash in Missouri.
›How much can I recover if a government driver hit me?
Missouri waives sovereign immunity for injuries caused by public employees driving motor vehicles, but recovery is capped at base amounts of $300,000 per person and $2,000,000 per occurrence, adjusted yearly for inflation (Mo. Rev. Stat. §§ 537.600, 537.610). Punitive damages are not available, and some cities have short written-notice rules.
›Does my own fault block a Missouri claim?
No. Missouri uses pure comparative fault, so your damages are reduced by your percentage of fault even if you were mostly to blame (Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983)).
›How do I order a Highway Patrol crash report?
Wait about 10 days, fill out the online records request form, then send it with $6 per report (check or money order, no cash) to the troop headquarters where the crash happened. For crashes handled by city police or a sheriff, request the report from that agency.
Sources
- Mo. Rev. Stat. § 516.120 (Revisor of Missouri)
- Mo. Rev. Stat. § 537.100 (Revisor of Missouri)
- Mo. Rev. Stat. § 303.190 (Revisor of Missouri)
- Mo. Rev. Stat. § 303.040 (Revisor of Missouri)
- Mo. Rev. Stat. § 379.203 (Revisor of Missouri)
- Mo. Rev. Stat. § 537.610 (Revisor of Missouri)
- Missouri State Highway Patrol – Request a Traffic Crash Report
- Missouri Courts – Finding a Lawyer
- NHTSA FARS – State crashes and all victims