Missouri’s discovery rule protects car accident victims when injuries don’t appear immediately after a crash. Under this rule, called ‘capable of ascertainment,’ the deadline to file a lawsuit is based on when you become aware of your injury rather than the date of the accident.
This protection is crucial because some serious injuries like whiplash, brain trauma, or internal damage can take days, weeks, or even months to show symptoms.
Many accident victims don’t realize they have this protection or understand how it works. Insurance companies often try to use confusion about deadlines to deny claims or pressure victims into quick settlements.
When The Five Year Missouri Statute of Limitations Starts
For most Missouri car accident claims, you have five years to file a lawsuit from the date your injury became capable of ascertainment. This date is tied to when you discovered your injury, not necessarily when the accident occurred.
Many accident victims don’t understand this critical distinction. RSMo Section 516.100 recognizes that some injuries are hidden and take time to develop symptoms that you would notice.
Examples of Late-Appearing Injuries in Car Crashes
After a crash, not every injury is obvious right away. You might walk away thinking you’re fine—then wake up days later with pain that wasn’t there before. That’s more common than people realize.
For example:
- Whiplash can creep in with soreness and stiffness after a day or two.
- Brain injuries don’t always cause immediate symptoms. Headaches, confusion, or memory issues might show up slowly.
- Internal damage might not be felt until things get serious—and by then, it’s urgent.
- Back or spinal injuries can stay hidden until they start affecting nerves.
- PTSD and anxiety don’t always appear right after the accident, but the effects are very real.
These kinds of injuries are why Missouri law gives you time to act—even if the symptoms aren’t immediate.
Deadlines Work Differently for Injuries and Property Damage
Here’s where the details really matter: Missouri law treats injury claims and property damage claims as two separate things—and the timeline for each one works differently.
If you’re filing a personal injury claim, the law gives you more flexibility. Your deadline to take legal action doesn’t necessarily begin the day of the accident. Instead, it starts when you either knew you were injured or should have reasonably known.
But property damage is handled differently. If your car or other belongings were damaged in the crash, the deadline to file a claim usually starts right away—on the day of the accident. It doesn’t matter if you don’t realize the full extent of the damage until later or wait to get a repair estimate.
Unlike injury claims, there’s no extra time built in for late discoveries when it comes to property. The law expects you to act quickly.
Who Qualifies for Extra Time Under Missouri Law?
Missouri law gives special protection to certain accident victims. These exceptions can extend your time to file beyond the standard five years, even with the discovery rule.
Minors and Mental Incapacity
If you were under 21 when injured in a Missouri car accident, the five-year clock doesn’t start until your 21st birthday. As a result, minors have additional time after turning 21 to pursue a personal injury lawsuit.
Mental incapacity also pauses the personal injury statute of limitations in Missouri. If an accident leaves you legally incompetent, the deadline stops during that period. Once you regain capacity, the clock starts again.
Wrongful Death Window in Missouri
If someone dies because of a crash, the legal timeline changes. Missouri gives families a much shorter window to file a wrongful death lawsuit than they would have for a personal injury case. And that window doesn’t start on the day of the accident—it starts on the date of death.
That detail matters. Grief, confusion, and time spent dealing with funeral arrangements can make it easy to lose track of legal deadlines. But once that clock starts, it doesn’t pause. Missing it could mean losing the right to file a claim altogether.
If you’ve lost someone in a crash, it’s important to talk to our experienced Missouri auto accident lawyers lawyer sooner rather than later—just to make sure your options stay open.
Absent or Concealing Defendants
If the at-fault driver leaves Missouri or hides to avoid being sued, the statute of limitations pauses. This rule prevents hit-and-run drivers from escaping responsibility by fleeing the state and waiting for your deadline to pass.
The clock stays stopped until the defendant returns to Missouri or stops hiding. This ensures you don’t lose your rights because someone is avoiding the legal process.
Government Claim Notice Traps
Claims against government entities have much shorter deadlines that can trap unwary victims. It’s important to provide written notice of your claim to the government as soon as possible after the accident, as there are much shorter deadlines than for regular lawsuits.
This applies to crashes involving city buses, dangerous roads maintained by the state, or other government-related accidents. Missing this 90-day notice deadline can prevent you from ever recovering compensation, even if you file a lawsuit within five years.
Does the Discovery Rule Apply to Every Car Accident?
Not always. The discovery rule only applies when your injuries were truly hidden—things you couldn’t reasonably spot right after the crash.
If you were obviously hurt but chose not to get checked out or assumed it would go away, the rule likely won’t help. It’s not a loophole for putting things off.
You can’t wait a year and then claim you “just realized” the injury mattered if there were clear signs at the time. The law looks at what a reasonable person would have known or done in your shoes.
Insurance Policy Deadlines vs Lawsuit Deadlines
After a car accident, you’re up against two different clocks—and mixing them up can cost you.
Insurance deadlines come from your auto policy, not the court. Most insurers require you to report accidents quickly, sometimes within just a few days. Miss that window, and they could deny your claim outright—even if you’re within your legal rights to sue.
Lawsuit deadlines, on the other hand, are set by Missouri law. These give you more time (depending on the type of claim), but they’re strict. Once that deadline passes, the court won’t hear your case—no matter how valid it is.
Bottom line: notify your insurance company right away, even if you’re not sure how bad the damage or injuries are. And don’t assume you have unlimited time to take legal action—because you don’t.
Do Settlement Talks Pause the Statute in Missouri?
No, settlement negotiations don’t pause or extend Missouri’s five-year car accident statute of limitations. This is a common and dangerous misconception.
Insurance companies know about this deadline. Some deliberately drag out settlement talks hoping you’ll run out of time to file a lawsuit. Once the five-year deadline passes, you lose all leverage and they have no legal reason to offer fair compensation.
How to Protect a Claim When Symptoms Show Up Late
Just because your pain didn’t start right after the crash doesn’t mean you’re out of luck. Missouri law gives you the right to seek compensation for injuries that appear later—but you’ve got to move quickly and cover your bases.
Here’s what to do:
1. Get medical care right away.
The moment new symptoms show up—whether it’s days or months after the accident—see a doctor. Make sure they know it’s connected to the crash, even if some time has passed. That medical record becomes key evidence.
2. Track everything.
Write down when your symptoms started, how they’ve changed, and how they’re affecting your daily life. Take photos of visible injuries like bruises or swelling as they appear. The more detail you have, the stronger your case.
3. Hold onto all documents.
Keep everything: the police report, any photos from the scene, names of witnesses, repair estimates—anything tied to the accident. Even small details can make a difference later.
4. Be careful with insurance.
Don’t give recorded statements saying you’re “fine” if you’re not. And never sign a medical release or settlement offer without having a lawyer look at it first. Insurance companies may push for a quick resolution that doesn’t reflect the true cost of your injuries.
5. Don’t wait to talk to a lawyer.
Even if you’re not sure how serious your injury is, it’s smart to get legal advice from our award-winning legal team at Beck & Beck Missouri Car Accident Lawyers early. The sooner you act, the better your chances of protecting your rights—and your recovery.
Need Help Before Time Runs Out?
At Beck & Beck Missouri Car Accident Lawyers, all we do is Missouri car accident law. That means we know the deadlines, the exceptions, and the common mistakes that can cost you your case—especially when injuries show up late.
If you’re starting to feel pain weeks after your crash, we can help you figure out exactly when your legal timeline began—and how much time you have to take action. Our case evaluations are free, and we’ll give you straight answers.
Don’t wait and find out too late that your time ran out. Contact us today and get the clarity you need to move forward.
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