This information is general and educational only, not legal advice. Laws vary by state and by case facts. For advice about your situation, consult a licensed attorney.
Key Deadlines
How Long Do You Have to File a Personal Injury Claim in Texas?
Under the Texas statute of limitations, you generally have 2 years from the date of the car accident to file a personal injury claim. This deadline applies to most motor vehicle accident cases, including claims for medical bills, lost wages, and pain and suffering.
Here are the key filing deadlines to be aware of:
- Personal injury: 2 years from the date of the accident (Texas Civil Practice and Remedies Code Section 16.003).
- Property damage: 2 years from the date of the accident.
- Government claims: You must provide formal notice within 6 months under the Texas Tort Claims Act before filing a lawsuit against a government entity.
- Wrongful death: 2 years from the date of death, which may differ from the accident date if the victim passed away later.
Missing these deadlines generally means losing your right to seek compensation through the courts. Check your specific deadline using our claim deadline tool.
How to File a Car Accident Claim in Texas
Texas is an at-fault state, which means you file your claim against the at-fault driver's insurance company rather than your own. Here is a general step-by-step overview of the process:
- Report the accident to your insurance company. Notify your insurer as soon as possible, even though you will be filing against the other driver's policy.
- File a crash report if needed. Texas law requires a crash report (CR-2 form) to be filed with the Texas Department of Transportation if the accident caused injury, death, or property damage of $1,000 or more and law enforcement did not investigate.
- Gather and preserve evidence. Collect photos of the scene, medical records, witness information, and police reports. Use our evidence checklist builder to make sure you don't miss anything.
- File a claim with the at-fault driver's insurer. Submit your demand with supporting documentation for your injuries, property damage, and other losses.
- Negotiate a settlement. The insurance company may make an initial offer. Review it carefully before accepting, as initial offers are often lower than the full value of your claim.
For a more detailed walkthrough, see our guide on what to do after a car accident.
Texas Fault System
Texas is an at-fault state that uses modified comparative negligence (51% bar). This means you cannot recover damages if you are found 51% or more at fault. If you are 50% or less at fault, your compensation is reduced by your percentage of fault.
For example, if your damages total $50,000 and you are found 30% at fault, you could recover $35,000. But if you are found 51% or more at fault, you receive nothing.
Minimum Insurance Requirements
Texas requires higher minimum liability coverage than many states:
- $30,000 for injury or death to one person
- $60,000 for injury or death to more than one person
- $25,000 for property damage
Important Exceptions
- Government claims: Claims against Texas government entities may require notice within 6 months under the Texas Tort Claims Act.
- Minors: The statute of limitations may be tolled (paused) for minors until they turn 18.
- Mental incapacity: The clock may be paused if the injured person is mentally incapacitated.
- Defendant absence: Time may be paused if the at-fault driver leaves Texas.
Understanding the Car Accident Claim Deadline in Texas
The car accident claim deadline Texas imposes is strict: you have 2 years from the date of the collision to file a personal injury or property damage lawsuit. Missing this window can have serious consequences, so it is critical to understand both the risks of delay and the steps you can take to protect yourself.
What Happens If You Miss the Deadline?
- Your case will likely be dismissed. If you file after the 2-year statute of limitations expires, the defendant can request dismissal, and courts will almost always grant it.
- You lose your negotiating leverage. Insurance companies know the deadline. Once it passes, they have no incentive to offer a settlement because you can no longer threaten litigation.
- Exceptions are narrow. While tolling rules exist for minors, mental incapacity, or a defendant who has left the state, these exceptions apply only in limited circumstances and should not be relied on as a fallback strategy.
Tips for Acting Quickly After a Texas Car Accident
- Seek medical attention immediately. Prompt medical records create a clear link between the accident and your injuries.
- Document everything early. Photos, witness statements, and police reports are easier to gather in the days and weeks after the crash, not months later.
- Notify the at-fault driver's insurer promptly. Starting the claims process early gives you more time to negotiate and, if necessary, file a lawsuit before the deadline.
- Consult an attorney sooner rather than later. An attorney can help you avoid procedural mistakes and ensure you meet every applicable deadline.
Not sure how much time you have left? Use our claim deadline calculator to find the exact car accident claim deadline Texas applies to your situation.