In Missouri, you have five years from the date of your bicycle accident to file a personal injury lawsuit. This statute of limitations is a strict legal deadline that applies to most bicycle accident cases and pedestrian accident cases, though certain situations can change this timeframe.
The deadline may begin on the accident date, when you discover your injuries, or when you reasonably should have known someone else caused your harm. Special rules apply to minors, government claims, and cases involving hidden injuries that don’t show up immediately after the crash.
The specific deadlines can change based on your situation:
- Personal injury claims: Five years from the accident date
- Wrongful death claims: Three years from the date of death
- Property damage: Five years for bike and gear damage
Missing this deadline means you lose your right to seek compensation through the courts, regardless of how strong your case may be, even in catastrophic injury cases.
How Hidden Injuries Trigger the Deadline
The timing can vary depending on when your injuries become clear. If you break your arm and get diagnosed in the emergency room, the clock starts on the accident date. But if concussion symptoms like headaches appear days later, the clock might start when those symptoms first show up.
Here is another example; let’s say you hit your head in a bicycle crash but felt okay at first. Two weeks later, you start having severe headaches and memory problems. A doctor then diagnoses you with a traumatic brain injury, an injury which can often have delayed symptoms. This would affect your claim timeline.
Courts look at when a “reasonable person” would connect their symptoms to the accident. The key is documenting every medical visit and symptom you experience. This creates a clear record that insurance companies can’t easily challenge.
Exceptions That Can Change Your Filing Deadline
Some exceptions to the statute of limitations can shorten or extend your deadline to file.
How Minors or Incapacity Affect the Deadline
The statute of limitations “tolls” or pauses for minors and mentally incapacitated people. Tolling means the countdown clock stops until certain conditions are met.
For children, special rules may apply that delay the start of the five-year period. Because Missouri law typically tolls the statute of limitations for minors, a child injured in a bicycle accident may have additional time beyond their 18th birthday to file a lawsuit.
For adults who can’t make legal decisions due to mental incapacity, the clock starts when they regain mental capacity.
This protection exists because minors and incapacitated adults can’t make legal decisions for themselves.
City or Government Claims Have Shorter Notice Requirements
Yes, and this is critical to understand. Some Missouri cities and government agencies require written notice within just 90 days of your accident. This isn’t the lawsuit deadline but a required first step.
Missing this short notice period can destroy your entire case, regardless of the five-year rule. Examples of government defendants include:
- City maintenance vehicles
- County road crews
- State highway departments
- Public school district buses
You must act fast when government entities are involved. The 90-day notice requirement is strict and unforgiving.
If the At-Fault Driver Leaves Missouri
The statute of limitations can pause if the person who hit you leaves Missouri to avoid being served with legal papers. However, this is extremely difficult to prove and requires showing they left specifically to dodge the lawsuit.
Modern skip-tracing methods often find defendants no matter where they go. Don’t count on this exception to extend your deadline.
Uninsured or Underinsured Motorist Claims
If you’re hit by someone with no insurance or not enough coverage, or in hit-and-run accidents, you might file an uninsured motorist (UM) or underinsured motorist (UIM) claim with your own insurance. These claims go through your own insurance company, not the other driver’s.
Your insurance policy may have specific requirements for how soon you need to notify the company after an accident. Some policies have lawsuit deadlines shorter than five years. You need to read your insurance policy immediately after any hit-and-run or crash with an uninsured driver.
These policy deadlines are separate from state law and can be much stricter.
How Wrongful Death and Property Damage Deadlines Differ
Different types of claims have their own specific deadlines. Understanding these differences protects all your legal rights.
| Type of Claim | Deadline | Clock Starts |
| Personal Injury | 5 years | Date of accident or discovery |
| Wrongful Death | 3 years | Date of death |
| Property Damage | 5 years | Date of accident |
If a cyclist dies months after the accident, the family has three years from the death date, not the accident date. This shorter deadline catches many families off guard during an already difficult time.
Property damage includes your bicycle, helmet, and other gear. This typically follows the five-year rule from the accident date.
Consult With Our Knowledgeable Missouri Bicycle Accident Law Firm Today
With over three decades of experience, our experienced Missouri bicycle accident attorneys are dedicated to helping bike accident victims across Missouri.
At Beck & Beck Missouri Car Accident Lawyers, we understand the pressure you’re facing after a serious bicycle accident. Medical bills pile up while you’re unable to work. Insurance companies call constantly, trying to get you to settle for less than you deserve.
As a family-run firm, we treat every client like family. Contact us today for your free consultation.
Related Articles
