If you have been involved in a rideshare accident in either Kansas or Missouri, it is critical to understand both states’ statutes of limitations and other time-sensitive elements that dictate how long you must pursue a legal claim.
Missouri's Statute of Limitations for Rideshare Accidents![uber accident]()
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Although the Missouri legislature has tried to shorten the statute of limitations in recent legislative sessions, Missouri law mandates that personal injury claims, including those stemming from rideshare accidents, must generally be filed within five years from the date of the accident (Missouri Revised Statutes Section 516.120).
Kansas’s Statute of Limitations for Rideshare Accidents
In Kansas, if you’re involved in a rideshare accident and want to pursue a personal injury claim, you generally have a two-year statute of limitations from the date of the accident to file a lawsuit. However, this does not apply to minors or those incapacitated as the statute of limitations may be paused until the person turns 18 or recovers their capacity.
Why Timeliness Matters
Filing within the statute of limitations is crucial:
- If a claim is filed after the deadline, it is highly likely that the Missouri and Kansas courts will refuse to hear the case.
- The defense can use the statute of limitations to dismiss the case if the claim is brought too late.
- Filing promptly ensures that evidence is preserved and testimonies remain accurate and detailed.
The Importance of Acting Quickly
Although five years (and in Kansas’s case – two years) may seem like a considerable period, it is important to act swiftly after an accident because:
- Evidence can become more difficult to collect as time passes.
- Witnesses’ memories may fade, making their testimonies less reliable.
- Insurance companies may be less willing to settle claims that are not promptly reported.
Starting the Claim Process
The process for a rideshare accident claim often begins long before a lawsuit is filed. It usually starts with:
- Reporting the accident to the rideshare company and your insurance.
- Seeking medical attention for an assessment of your injuries.
- Consulting with a personal injury attorney to evaluate your case.
How Foster Wallace, LLC, Can Assist
Navigating the legal landscape following a rideshare accident can be complex. At Foster Wallace, LLC, our Kansas City-based personal injury attorneys specialize in the nuances of rideshare litigation. We can help by:
- Ensuring that you meet all critical deadlines.
- Gathering and preserving essential evidence.
- Negotiating with insurance companies.
- Preparing your case for trial if a fair settlement cannot be reached.
The time frame for pursuing a rideshare accident claim in both Kansas and Missouri is dictated by the statute of limitations, but the complexities of such cases demand prompt action. We are dedicated to guiding you through each step, from initial consultation to the resolution of your case.
