Missouri
Missouri Car Accident Laws: Fault, Insurance, and Your Claim
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 5 primary sources cited on this page. How we verify our legal content
Missouri is an at-fault (tort) state that follows pure comparative negligence, so the at-fault driver's liability insurer pays for the other party's injuries and damages, and your recovery is reduced by your share of fault but never barred entirely, even if you were mostly at fault.
Is Missouri a no-fault or at-fault state?
Missouri is a traditional at-fault (tort) state. The state is not among the 12 no-fault or PIP-first jurisdictions, and Missouri does not have a choice no-fault or add-on system. When a crash occurs, the driver who caused it is responsible for the resulting injuries and property damage, and the at-fault driver's liability insurer covers the other party's losses. There is no preliminary no-fault threshold to clear before you can pursue a claim for pain and suffering.
Because Missouri operates as a pure tort state, an injured driver can go directly against the at-fault driver's insurer for all categories of damages, including medical expenses, lost wages, property damage, pain and suffering, and emotional distress. The Missouri Department of Revenue confirms that the state requires mandatory liability insurance rather than any form of personal injury protection. If the at-fault driver is uninsured, you turn to the mandatory UM coverage on your own policy; if the at-fault driver is underinsured, optional UIM coverage, where you carry it, would apply instead, since Missouri's mandatory UM statute does not itself require underinsured-motorist protection. There is no PIP benefit sitting between you and a full tort claim.
How fault is shared: Missouri's negligence rule
Missouri follows the rule of pure comparative negligence, which means that fault can be divided between multiple parties in any proportion and each party's damages are reduced only by that party's own share of fault. Your percentage of fault never bars your recovery entirely, no matter how high it goes. If a jury finds you were 80% responsible for a crash and the other driver was 20% responsible, you can still recover 20% of your total damages from the other driver.
This is a more plaintiff-friendly standard than the modified-comparative-negligence rules used in most states (which bar recovery once you pass 50% or 51% at fault). In Missouri, even a driver who was the primary cause of a crash retains some recovery rights. In practice, pure comparative fault places a premium on accurately establishing each party's contributions to the accident. Insurers and defense attorneys regularly try to inflate the plaintiff's fault percentage to shrink any payout. Thorough documentation, credible witnesses, and independent accident reconstruction, when available, make a significant difference in what a jury or adjuster accepts as each side's share of responsibility.
Minimum car insurance in Missouri
Missouri law (RSMo 303.190, cross-referenced in the financial responsibility chapter at RSMo 303.030) requires every registered motor vehicle to carry at least 25/50/25 in liability coverage: $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $25,000 for property damage per accident. These minimums establish the floor of what the at-fault driver's insurer must pay toward injured parties in a crash the policyholder caused.
Uninsured motorist bodily-injury coverage is also mandatory in Missouri under RSMo 379.203. Every auto policy must include UM coverage of at least $25,000 per person and $50,000 per accident. This protection pays you if you are injured by a driver who carries no insurance at all. Underinsured motorist (UIM) protection is not mandated by this statute. Section 379.203 requires only uninsured-motorist (UM) coverage, and its definition of an uninsured vehicle extends just to a few narrow situations, such as the at-fault driver's insurer becoming insolvent, not to general underinsurance. Where UIM coverage exists, it is typically an optional, contract-based add-on rather than a state-mandated minimum. A policyholder may reject in writing only coverage above the statutory 25/50 minimum; the minimum UM coverage itself cannot be waived.
Missouri does not require personal injury protection (PIP). MedPay, which covers your own medical expenses up to a policy limit regardless of fault, is an optional add-on available from most insurers. Carrying MedPay can be a practical safeguard, because it covers treatment costs immediately while an at-fault claim works through the insurer's process.
How long you have to file: the statute of limitations
Missouri gives you five years to file a personal-injury lawsuit arising from a car accident. The deadline comes from RSMo 516.120(4), which covers any action for injury to the person or rights of another not arising on contract. Property-damage claims fall under the same five-year period. The five-year window is notably longer than the two- or three-year periods most other states impose, and multiple legislative efforts to shorten it to two or three years have failed, so the five-year rule remains current law.
Wrongful-death claims are governed by a separate and shorter deadline. Under RSMo 537.100, a wrongful-death action must be filed within three years of the death. If your accident involved a government vehicle or a government employee acting in an official capacity, special notice-of-claim requirements and shorter windows under Missouri's sovereign immunity statutes may apply before you can even file suit, so consult an attorney promptly if a government entity is involved. For a broader comparison of filing deadlines, see the Missouri statute of limitations page.
What a Missouri car accident claim is worth
Missouri car accident claims include two main categories of damages. Economic damages cover your measurable financial losses: past and future medical expenses, lost wages and earning capacity, vehicle repair or replacement, and other out-of-pocket costs traceable to the crash. Because Missouri is an at-fault state with no PIP mandate, none of those economic losses are absorbed by your own insurer first; they are all pursued directly against the at-fault driver's policy (or your UM/UIM coverage if the other driver lacks adequate insurance).
Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. There is no pre-suit threshold to meet in order to claim these damages in Missouri; you can pursue them from the start of any tort claim. Your total recovery is shaped by the at-fault driver's 25/50/25 liability limits (unless they carry more), your own UM/UIM coverage, and the pure-comparative-fault reduction for any share of fault attributed to you. Serious injury cases with clear liability tend to produce higher settlements because both the availability and the amount of non-economic damages are harder to dispute. Use the Missouri car accident settlement calculator to get a ballpark estimate based on your specific facts.
What to do after a car accident in Missouri
Taking the right steps immediately after a crash protects both your health and your legal rights.
Stay safe and call for help. Move vehicles out of traffic if it is safe to do so. Call 911 if anyone is injured. Missouri law requires drivers involved in an accident resulting in injury, death, or property damage above the threshold to report the crash to law enforcement.
Document the scene. Photograph the vehicles, road conditions, skid marks, traffic controls, and any visible injuries. Collect the other driver's name, contact information, license plate number, and insurance details. Record the names and phone numbers of any witnesses.
Seek medical attention promptly. Even if you feel fine at the scene, see a doctor as soon as possible. Some injuries, including soft-tissue damage and concussions, do not produce obvious symptoms right away. A gap between the crash and medical care gives insurers an argument that the crash did not cause your injuries.
Report the crash to your insurer. Notify your own insurer to preserve your rights under any MedPay or UM/UIM coverage you carry. Be factual, and avoid giving a recorded statement about fault to the other driver's insurer until you understand your rights.
Do not accept a settlement offer without legal advice. The at-fault driver's insurer may move quickly with a low offer, especially for injuries that appear minor at first. Before you sign any release, consult a Missouri personal-injury attorney. A signed release closes your claim permanently, including for injuries that worsen over time. See the Missouri hit-and-run laws page for additional obligations if the other driver fled the scene.
This article is general legal information, not legal advice. Car accident law varies by state and changes, and settlement values depend on the specific facts. For advice about a specific crash, consult a licensed attorney in Missouri.
Related: Missouri Car Accident Settlement Calculator | Missouri Hit-and-Run Laws | Car Accident Laws by State | Missouri Statute of Limitations
More Missouri Laws
Frequently Asked Questions
Is Missouri a no-fault state?
No. Missouri is an at-fault (tort) state, not a no-fault state. There is no personal injury protection (PIP) requirement, and you do not go through your own insurer first for injury benefits. You claim directly against the at-fault driver's liability insurer for all your damages, including pain and suffering, with no threshold to clear.
Is Missouri an at-fault state?
Yes. Missouri is a traditional at-fault (tort) state. The driver who caused the crash is responsible for injuries and property damage, and you can sue the at-fault driver directly for all categories of damages, including pain and suffering, economic losses, and emotional distress, without first meeting any no-fault threshold.
What is the statute of limitations for a car accident in Missouri?
You have five years from the date of injury to file a personal-injury or property-damage lawsuit in Missouri under RSMo 516.120(4). Wrongful-death claims have a shorter deadline of three years under RSMo 537.100. If a government entity is involved, special notice requirements may shorten the effective window, so consult an attorney promptly.
Can I still recover if I was partly at fault in Missouri?
Yes. Missouri follows pure comparative negligence, which means your damages are reduced by your percentage of fault, but you can still recover no matter how high your fault percentage is. Even if you were 90% at fault, you can recover 10% of your damages from the other driver. There is no cut-off percentage that bars recovery entirely.
What are the minimum insurance requirements in Missouri?
Missouri requires minimum liability coverage of 25/50/25: $25,000 bodily injury per person, $50,000 bodily injury per accident, and $25,000 property damage (RSMo 303.190). Uninsured motorist coverage of $25,000/$50,000 is also mandatory (RSMo 379.203). Missouri does not require PIP; MedPay is optional.
How much is my Missouri car accident claim worth?
The value depends on your medical expenses, lost wages, property damage, and the pain and suffering you experienced, reduced by any share of fault attributed to you under Missouri's pure comparative negligence rule. Because Missouri is an at-fault state, you can pursue all categories of damages directly against the at-fault driver's insurer. The at-fault driver's 25/50/25 liability limits and your UM/UIM coverage also cap what is collectible. Use the Missouri car accident settlement calculator for a ballpark estimate.
Does Missouri require PIP or no-fault insurance?
No. Missouri does not require personal injury protection (PIP) or any no-fault coverage. Missouri is a pure at-fault (tort) state. Optional MedPay coverage is available for purchase, but it is not mandated. After a crash, you pursue damages through the at-fault driver's liability insurer rather than your own no-fault coverage.
Injured in Missouri? Get a free case review from a personal-injury attorney
If someone else's negligence caused your injury, you may be owed compensation for medical bills, lost wages, and pain and suffering. Get a free, no-obligation review from a Missouri personal-injury attorney. Most work on contingency, so there is no upfront cost.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the claim that Missouri's mandatory uninsured-motorist statute (RSMo 379.203) also mandates underinsured-motorist (UIM) coverage; the statute requires only UM coverage, and UIM is a typical optional add-on rather than a statutory minimum.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Revised Statutes of Missouri, Title XIX (MOTOR VEHICLES, WATERCRAFT AND AVIATION), Chapter 303
§ 303.030Operator's license suspended on failure to give security for payment of damages after accident, burden of proof for challenging determination — exceptions — insurance accepted.In force
1. If within twenty days after the receipt of a report of a motor vehicle accident within this state which has resulted in bodily injury or death, or damage to the property of any one person in excess of five hundred dollars, the director does not have on file evidence satisfactory to him that the person who would otherwise be required to file security under subsection 2 of this section has been released from liability, or has been finally adjudicated not to be liable, or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the director shall determine the amount of security which shall be sufficient in his judgment to satisfy any judgment for damages resulting from such accident as may be recovered against each operator or owner. Any person challenging the director's determination shall have the burden of proving he or she was not at fault.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 55 court opinionsMost recently applied by a court: 2021
Leading cases:
- Harrison v. MFA Mutual Insurance Co. (Supreme Court of Missouri 1980, 607 S.W.2d 137)“…ess than the limits for bodily injury or death set forth in section 303.030, RSMo, for the protection of persons insured…”
- Cameron Mutual Insurance Co. v. Madden (Supreme Court of Missouri 1976, 533 S.W.2d 538)“…ess than the limits for bodily injury or death set forth in section 303.030, RSMo, for the protection of persons insured…”
- Jones v. Mid-Century Insurance Co. (Supreme Court of Missouri 2009, 287 S.W.3d 687)“…t least the statutory minimum amount — $25,000 in Missouri. Sec. 303.030, RSMo Supp.2004. There will always be an amou…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 303.190Motor vehicle liability policy, contents.In force
1. A "motor vehicle liability policy" as said term is used in this chapter shall mean an owner's or an operator's policy of liability insurance, certified as provided in section 303.170 or section 303.180 as proof of financial responsibility, and issued, except as otherwise provided in section 303.180 by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured. 2. Such owner's policy of liability insurance: (1) Shall designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted; (2) Shall insure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of such named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicle or motor vehicles within the United States of America or the Dominion of Canada, subject to limits, exclusive of interest and costs, with respect to each such motor vehicle, as follows: twenty-five thousand dollars because of bodily injury…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 49 court opinionsMost recently applied by a court: 2025
Leading cases:
- American Service Insurance Co. v. Williams (Missouri Court of Appeals 2003, 120 S.W.3d 251)“…isrepresentations made by Williams. The circuit court found Section 303.190, RSMo 2000, precluded ASI from voiding Willia…”
- American Family Mutual Insurance Co. v. Missouri Power & Light Co. (Supreme Court of Missouri 1974, 517 S.W.2d 110)“…issouri Power & Light vehicle. This is because our statute, Sec. 303.190, RSMo 1969, V.A.M.S., defines the words “moto…”
- Windsor Insurance Co. v. Lucas (Missouri Court of Appeals 2000, 24 S.W.3d 151)“…ry to or death of two or more persons in any one accident.” Section 303.190 RSMo (1994). The issue here is whether an in…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Revised Statutes of Missouri, Title XXIV (BUSINESS AND FINANCIAL INSTITUTIONS), Chapter 379
§ 379.203Automobile liability policy, required provisions — uninsured motorist coverage required — recovery against tort-feasor, how limited.In force
1. No automobile liability insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto, or in the case of any commercial motor vehicle, as defined in section 301.010, any employer having a fleet of five or more passenger vehicles, such coverage is offered therein or supplemental thereto, in not less than the limits for bodily injury or death set forth in section 303.030, for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death, resulting therefrom. Such legal entitlement exists although the identity of the owner or operator of the motor vehicle cannot be established because such owner or operator and the motor vehicle departed the scene of the occurrence occasioning such bodily injury, sickness or disease, including death, before identification. It also exists whether or not physical contact was…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 141 court opinionsMost recently applied by a court: 2024
Leading cases:
- Harrison v. MFA Mutual Insurance Co. (Supreme Court of Missouri 1980, 607 S.W.2d 137)“…motor vehicle” does not contravene public policy as set by section 379.203, RSMo 1978, which requires liability policies…”
- Cameron Mutual Insurance Co. v. Madden (Supreme Court of Missouri 1976, 533 S.W.2d 538)“…s not contrary to *540 public policy and does not violate § 379.203, RSMo 1969, as amended by Laws, 1971, p. 398,…”
- Cano v. Travelers Insurance Co. (Supreme Court of Missouri 1983, 656 S.W.2d 266)“…owned by him by reason of the public policy made evident by § 379.203, RSMo 1978 requiring automobile liability pol…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Revised Statutes of Missouri, Title XXXV (CIVIL PROCEDURE AND LIMITATIONS), Chapter 516
§ 516.120What actions within five years.In forcecited in 8 of our articles
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.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 500 court opinionsMost recently applied by a court: 2026
Leading cases:
- Davis v. Laclede Gas Co. (Supreme Court of Missouri 1980, 603 S.W.2d 554)“…Count II are barred by the five-year statute of limitation. § 516.120, RSMo 1969. An appeal was taken to the East…”
- H.R.B. v. J.L.G. (Missouri Court of Appeals 1995, 913 S.W.2d 92)“…iff attempts to avoid the five year statute of limitations [RSMo § 516.120(4)] 2 by arguing that his psychologica…”
- Martin v. Crowley, Wade & Milstead, Inc. (Supreme Court of Missouri 1985, 702 S.W.2d 57)“…ed that an action such as the subject case is controlled by § 516.120, RSMo. 1978 which imposes a five year limit o…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Missouri Audio Recording Laws: One-Party Consent Rules and Penalties, Missouri Dog Bite Laws: Liability and Victim Rights, Motorcycle Accident Laws in Missouri (2026): Helmets
Revised Statutes of Missouri, Title XXXVI (STATUTORY ACTIONS AND TORTS), Chapter 537
§ 537.100Limitation of action — effect of absence of defendant and nonsuit.In forcecited in 7 of our articles
1. Every action instituted under section 537.080 shall be commenced within three years after the cause of action shall accrue; provided, that if any defendant, whether a resident or nonresident of the state at the time any such cause of action accrues, shall then or thereafter be absent or depart from the state, so that personal service cannot be had upon such defendant in the state in any such action heretofore or hereafter accruing, the time during which such defendant is so absent from the state shall not be deemed or taken as any part of the time limited for the commencement of such action against him; and provided, that if any such action shall have been commenced within the time prescribed in this section, and the plaintiff therein take or suffer a nonsuit, or after a verdict for him the judgment be arrested, or after a judgment for him the same be reversed on appeal or error, such plaintiff may commence a new action from time to time within one year after such nonsuit suffered or such judgment arrested or reversed; and in determining whether such new action has been begun within the period so limited, the time during which such nonresident or absent defendant is so absent…
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Cited in 81 court opinionsMost recently applied by a court: 2026
In the courts (editorial summary, independently checked):State Ex Rel. Kansas City Stock Yards Co. of Maine v. Clark (1976) applied section 537.100 to a wrongful death suit and held a workers' compensation claim did not toll the period or trigger its savings clause. Gaines v. Monsanto Co. (1983) applied the amended three-year period to a claim not yet barred when the amendment took effect.
Leading cases:
- Wanda Mayes v. Saint Luke's Hospital of Kansas City, (Consolidated with)Wanda Mayes v. Saint Luke's Hospital of Kansas City (Supreme Court of Missouri 2014)✓After two earlier suits were dismissed, the family refiled wrongful death claims in October 2012 over a patient who died in March 2008; the court applied section 537.100's three year limit, held the claims time barred, and affirmed the dismissal.
- Gaines v. Monsanto Co. (Missouri Court of Appeals 1983, 655 S.W.2d 568)✓Parents of a secretary murdered by a coworker sued Monsanto in March 1982, nearly three years after her April 1979 death; the court applied the amended three year period of section 537.100 because the claim was not barred when the amendment took effect, so the suit was timely.
- State Ex Rel. Kansas City Stock Yards Co. of Maine v. Clark (Supreme Court of Missouri 1976, 536 S.W.2d 142)✓A worker's widow and children sued more than a year after his 1970 death, arguing an unsuccessful Kansas workers' compensation claim tolled the deadline; the court held section 537.100's nonsuit savings clause did not reach that claim and made prohibition absolute.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Medical Malpractice Laws in Missouri (2026): Deadlines & Caps, Missouri Statute of Limitations: Filing Deadlines by Case Type, Truck Accident Laws in Missouri (2026): Deadlines & Liability
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Sources and References
- RSMo 303.190 - Minimum 25/50/25 liability limits(revisor.mo.gov).gov
- RSMo 303.030 - Financial responsibility / minimum limits cross-reference(revisor.mo.gov).gov
- RSMo 379.203 - Mandatory uninsured-motorist coverage(revisor.mo.gov).gov
- RSMo 516.120 - 5-year personal-injury statute of limitations(revisor.mo.gov).gov
- RSMo 537.100 - 3-year wrongful-death statute of limitations(revisor.mo.gov).gov