Author: Shelby Benavidez  

Contributing Attorney: Brad Russell, attorney

Table of contents

TL;DR: What to Know About the Texas Statute of Limitations & How to File a Car Accident Claim  

  • The statute of limitations in Texas generally gives you two years to file a lawsuit after a car accident that caused an injury.  
  • You shouldn’t wait until the deadline is approaching to file a lawsuit. Evidence can disappear, and memories can fade long before your time runs out.  
  • Not all cases follow the standard statute of limitations, like when a government vehicle or government agency is involved.  
  • To start a car accident claim, gather what you can from the crash, report it to the appropriate insurance companies, document your injuries, and keep records related to your losses.  
  • A car accident claim lawyer can investigate the crash, preserve evidence, deal with the insurance company, track deadlines, and help determine what your claim may be worth. 

After a car accident, you may hear that you have two years to take legal action in Texas and think, Okay, I have plenty of time. But there’s a big difference between how long the law gives you to file a lawsuit and how long you should wait to start protecting your claim. Let’s dive deeper into the Texas statute of limitations, what circumstances could change that timeline, and what you can do now to protect your claim. 

Statute of Limitations Texas for Car Accident Claims  

The statute of limitations in Texas sets a deadline for taking certain legal claims to court. For most personal injury claims, including injuries caused by car accidents, Texas law generally gives you two years from the date the claim arises to file a lawsuit.  

After a car accident, the clock usually starts ticking around the time of the crash. If you do not file a lawsuit within 2 years of the accident, you could lose your ability to recover compensation altogether, even if your injuries worsen.  

How Long After Car Accident Can You File a Claim?  

If you were injured in a Texas car accident, you generally have two years to file a personal injury lawsuit. However, filing an insurance claim is not the same thing as filing a lawsuit. Your insurance policy will typically require you to alert them of the accident within 24 to 48 hours. 

And filing an insurance claim doesn’t stop the statute of limitations from running. For example, you could spend months going back and forth with an insurance adjuster while the legal deadline continues getting closer. If negotiations don’t lead to a fair resolution, you’ll need to file a lawsuit.  

So, how long after a car accident can you file a claim? The better question may be: How soon can I start protecting my claim? In most cases, the answer is right away.  

Special Considerations for the Statute of Limitations Texas in Car Accident Claims  

A Government Vehicle Was Involved  

If the at-fault driver was operating a city bus, police vehicle, public school district vehicle, or another government-owned vehicle, claims against government entities can have much shorter notice requirements.  

You typically have to give the government written notice of your claim within six months, and some cities may require notice even sooner. Like the standard statute of limitations, missing one of these deadlines could affect your ability to bring a lawsuit. 

A Child Was Injured  

If a minor is the injured party, the statute of limitations is typically on hold until the child’s 18th birthday. However, that doesn’t mean parents should wait to pursue a child’s injury claim. You’ll want to preserve as much evidence as possible, as quickly as possible.  

Someone Died From Their Injuries  

If someone dies because of injuries from a car accident, the deadline works a little differently. In Texas, families generally have two years from the date their loved one died to file a wrongful death lawsuit. Because the timeline can depend on the circumstances, it’s a good idea to talk with an attorney about how much time you have. 

Why You Shouldn’t Wait Until the Statute of Limitations Texas Is Almost Up  

Two years may sound like plenty of time, but evidence doesn’t stick around forever. Security footage can be deleted within days or weeks, cars get repaired or sold, and witnesses may not remember the crash as clearly months later. Even the details you thought you’d never forget can start to get fuzzy over time. 

The insurance company also gets to start investigating the accident right away. You should have the same opportunity. The sooner you get started, the better chance you have of finding evidence before it disappears. Starting early also means you can document how your injuries affect you as it happens, helping paint a fuller picture of what the accident has taken from you. 

It’s important to remember that filing a lawsuit doesn’t guarantee that your case will go to trial. Most car accident claims settle before ever seeing a courtroom, even after a lawsuit is filed.  

How to File a Car Accident Claim in Texas  

Step 1: Report the Accident  

Call 911 to report the accident, even if you aren’t sure whether the police will come to the scene. Depending on the circumstances, an officer may not respond, especially if no one appears to be seriously injured and the vehicles can still be driven.  

What matters is that you reported the crash. If an officer does respond, they may investigate what happened and create a crash report. That report can be helpful later because it may include details about the drivers, vehicles, witnesses, and what happened at the scene.  

Step 2: Gather Evidence From the Scene  

If you’re physically able and can safely do so, gather as much information as you can before leaving the scene. Some evidence may be much harder to find once the cars are moved and everyone goes home.  

Take photos and videos of the vehicles, damage, road, traffic signs or signals, debris, skid marks, and anything else that may help show what happened. You should also try to collect:  

  • The other driver’s name, contact information, driver’s license, and insurance information  
  • Names and contact information for anyone who saw the crash  
  • Photos of any visible injuries  
  • The responding officer’s name and report number, if available  
  • Any dashcam footage or information about nearby cameras that may have recorded the crash  

You don’t have to document everything perfectly. If you’re hurt or unable to gather information, focus on getting the medical care you need. There may still be ways to find evidence after you leave the scene.  

Step 3: Get Medical Care 

Some injuries hurt immediately. Others become more noticeable hours or days later. Getting checked after a crash can help identify injuries and creates medical records showing what treatment you received.  

Continue following your doctor’s treatment plan and keep track of appointments, prescriptions, procedures, therapy, and changes in your symptoms.  

Step 4: Notify the Insurance Company  

Report the accident to the appropriate insurance company. Be careful about how much information you provide before you understand the extent of your injuries and your rights. You don’t have to provide a recorded statement before talking to an attorney, and you never have to guess about how the accident happened, how badly you’re hurt, or when you’ll be fully recovered. If you don’t know, simply say, “I don’t know.”  

Step 5: Keep Records of What the Accident Is Costing You  

Hold on to medical bills, receipts, pay stubs, repair estimates, and anything you receive from the insurance company. You may also want to keep notes about how your injuries are affecting your daily life. Are you missing work? Can you still pick up your child? Exercise? Sleep through the night? Drive without pain? These details can show how the crash has affected your everyday life. 

Step 6: Understand the Insurance Coverage Available  

The other driver’s liability insurance may not be the only coverage involved. Depending on the accident and the policies involved, there could also be uninsured or underinsured motorist coverage, Personal Injury Protection (PIP), MedPay, commercial insurance, or other sources of coverage. Finding the available policies can be an important part of understanding your options.  

Don’t rely on the insurance company to remind you when the Texas statute of limitations is getting close. Write down the date of the crash and have an attorney determine which deadlines may apply to your case.  

Hiring a Car Accident Claim Lawyer  

You can open an insurance claim on your own. But once injuries, disputed fault, multiple insurance policies, or significant losses become involved, the process can get much more complicated. A car accident claim lawyer can look beyond the paperwork the insurance company puts in front of you.  

Your attorney can investigate what happened, look for evidence you may not know exists, identify the people or companies that may be responsible, find available insurance coverage, document your losses, negotiate with the insurance company, and file a lawsuit when necessary.  

An attorney can also track the statute of limitations and other deadlines that may apply to your case. Most importantly, you don’t have to make major decisions about your claim based only on what the insurance company tells you.  

Don’t Wait to File a Car Accident Claim in Texas  

The statute of limitations tells you when time may run out. It doesn’t tell you when the best evidence will disappear. It doesn’t tell you how long your injuries will last. And it doesn’t tell you when an insurance company will start building its side of the story.  

That’s why the most important date after a car accident isn’t always the date two years from now. It may be today—the day you decide to find out what your options are and what needs to be protected.  

If you were injured in a Texas car accident, learn how our accident lawyers can help protect you from what happens next.  

Texas Car Accident Claim FAQs  

Can You Claim Car Accident Without Police Report?  

A police report can be helpful, but you can still file a car accident claim without one. Additional evidence like photos, videos, witness statements, medical records, vehicle damage, and insurance information can help build your claim even without the police report.  

What Happens If I Miss the Statute of Limitations Texas?  

If the statute of limitations expires before you file your lawsuit, you could lose your right to pursue compensation through the courts. There are some exceptions that can change your deadline, so don’t assume you’re out of time without talking to an attorney first. 

Should I Wait Until I’m Done With Medical Treatment to File a Car Accident Claim?  

No! There’s no way of knowing how long your medical treatment will take, and you don’t want to delay and risk losing evidence. However, settling the claim is different. You’ll want to understand the full extent of your injuries and future medical needs before agreeing to a final settlement because accepting a settlement usually ends the claim.  

How Soon Should I Contact a Car Accident Claim Lawyer?  

A lawyer can be (and should be) your second call after 911. Having an attorney on your side before you talk to the insurance company can help prevent you from saying anything that could hurt your claim. 

How Do I File a Car Accident Claim in Texas?  

Start by documenting the crash, getting medical care, collecting available evidence, notifying the appropriate insurance company, and keeping records of your expenses and injuries.  

You should also determine which insurance policies may apply and keep track of the legal deadline for your case. A car accident attorney can handle these steps for you and determine whether a lawsuit needs to be filed.