In Texas, you have two years from the date of your car accident to file a lawsuit for personal injuries or property damage.
This deadline, established in Texas Civil Practice and Remedies Code Section 16.003, is absolute—miss it by even one day and you permanently lose your right to seek compensation through the courts.
The statute of limitations for car accident claims starts ticking immediately after your crash occurs, regardless of when you discover the full extent of your injuries or complete medical treatment.
While you must also report accidents to your insurance company within days or weeks, the two-year lawsuit deadline operates independently and won’t pause for insurance negotiations or delays.
What Is the Statute of Limitations in Texas Car Accident Cases?
A statute of limitations is a legal deadline that controls how long you have to file a lawsuit after getting hurt. This means you have a specific window of time to take legal action, and once that window closes, it’s gone forever.
The statute of limitations for car accident claims in Texas applies to filing a lawsuit in court, not just reporting the crash to your insurance company. These are two completely different deadlines with different consequences.
If you miss the statute of limitations deadline, the court will dismiss your case automatically. No judge can override this rule, even if your injuries are severe or the other driver was clearly at fault.
Why the Deadline Matters for Your Case
Texas created these deadlines to ensure cases get filed while evidence is still fresh and witnesses remember what happened. But insurance companies know exactly how to use these deadlines against you.
Here’s how insurers exploit the ticking clock:
- Delay tactics: They drag out negotiations hoping you’ll run out of time.
- Lowball offers: They present quick, cheap settlements when your deadline approaches.
- Paperwork games: They request endless documentation to eat up your remaining time.
- False reassurances: They tell you not to worry while your deadline gets closer.
Insurance adjusters count on you not knowing these deadlines exist. They hope you’ll wait too long and lose your right to sue entirely.
2-Year Deadline
You have exactly two years from the date of your car accident to file a lawsuit in Texas. This deadline comes from Texas Civil Practice and Remedies Code Section 16.003, and it’s the same whether you’re seeking money for injuries or property damage.
The two-year clock starts ticking the moment your accident happens, not when you finish medical treatment or realize how badly you’re hurt. If your crash happened on January 15, 2024, your deadline is January 15, 2026.
This rule applies to almost every type of car accident case in Texas. Whether you were hit by a drunk driver, rear-ended at a red light, injured in a multi-car pileup, or involved in a truck accident, the same two-year deadline controls your case.
When the Clock Starts Ticking on Your Claim
The statute of limitations clock begins running on the exact date and time your accident occurred. Legal experts call this the “accrual date,” and it’s usually straightforward in car accident cases.
Even if your injuries seem minor at first and get worse later, the deadline still starts from your accident date. Even if you don’t see a doctor for weeks or don’t finish physical therapy for months, that original crash date controls everything.
Texas does recognize a “discovery rule” for some injury cases, but courts almost never apply it to car accidents. The discovery rule only applies when an injury is truly hidden and impossible to detect, which rarely happens in vehicle crashes.
Deadlines by Type of Claim in Texas
While most car accident claims follow the same two-year rule, different types of legal claims have specific requirements you need to understand.
Personal Injury Claims
You have two years from your accident date to file a lawsuit for any physical injuries you suffered. This covers everything from minor cuts and bruises to traumatic brain injuries and permanent disabilities.
The personal injury deadline applies to claims for medical bills, lost wages, pain and suffering, and future medical needs. It doesn’t matter if your injuries required surgery or just a few doctor visits—the same two-year rule applies.
Property Damage Claims
The two-year statute of limitations also applies to property damage from your car accident. This includes damage to your vehicle, personal items inside the car, and any other property destroyed in the crash.
Property damage claims are separate from injury claims, but they follow the same deadline. You can file both types of claims in the same lawsuit if you want.
Wrongful Death Claims
If someone died in your car accident, their family has two years from the date of death to file a wrongful death lawsuit. This deadline starts from when the person actually died, which might be different from the accident date if they survived for a while in the hospital.
Only certain family members can file wrongful death claims in Texas. Spouses, children, and parents of the deceased person have the legal right to seek compensation.
Exceptions That Can Extend or Pause the Deadline
Texas law recognizes a few rare situations where the statute of limitations can be “tolled,” which means paused or extended. These exceptions are extremely limited, and courts interpret them very strictly.
You should never count on an exception applying to your case. The safest approach is always to file your lawsuit within the standard two-year deadline.
Minors and Legal Incapacity
If the injured person was under 18 when the accident happened, the two-year clock doesn’t start until their 18th birthday. This gives young people time to reach adulthood before making legal decisions about their case.
The same rule applies if someone is legally declared mentally incapacitated at the time of the accident. The statute of limitations stays paused until their mental capacity is restored.
Defendant Leaves Texas to Avoid Being Sued
If the at-fault driver flees Texas specifically to avoid being served with a lawsuit, the time they spend out of state might not count toward your two-year deadline. However, you must prove they left Texas to dodge legal responsibility, not just for work or family reasons.
This exception is hard to prove and rarely applies. Most people who move after an accident do so for legitimate reasons unrelated to avoiding lawsuits.
Special Rules for Government Vehicle Accidents
Accidents involving government vehicles follow completely different rules with much shorter deadlines. Before you can sue any government entity, you must first file a formal “notice of claim” describing your injuries and demanding compensation.
Missing the notice deadline will usually bar your lawsuit completely, even if you’re still within the two-year statute of limitations. These notice requirements are strictly enforced with no exceptions.
State Government Notice Requirements
Under the Texas Tort Claims Act, you must give the state government written notice of your claim within six months of your accident. This notice must include specific information about your injuries, the accident, and the compensation you’re seeking.
The six-month deadline applies to accidents involving state-owned vehicles like Department of Transportation trucks or state university vehicles.
City and County Notice Deadlines
Most Texas cities and counties have their own notice requirements, often with much shorter deadlines than the state’s six-month rule. These deadlines are typically found in local government charters or ordinances.
Here are common notice deadlines for major Texas cities:
- State of Texas: 6 months
- Houston: 90 days
- Dallas: 90 days
- San Antonio: 90 days
- Austin: 90 days
- Fort Worth: 90 days
You must research the specific deadline for whichever government entity owns the vehicle that hit you.
Insurance Deadlines vs. Legal Filing Deadlines
Many people confuse insurance claim deadlines with lawsuit filing deadlines, but these are completely separate requirements. Missing either one can seriously damage your ability to recover compensation.
Your insurance policy requires you to report accidents within a certain timeframe, usually 24 to 72 hours or “as soon as reasonably possible.” Missing this deadline can result in your insurance company denying coverage for your claim.
The statute of limitations, on the other hand, controls when you can file a lawsuit against the at-fault driver. You have two years for this deadline, but filing an insurance claim doesn’t pause or extend this timeframe.
Both deadlines matter equally. You need to meet your insurance reporting deadline to preserve your coverage and stay within the statute of limitations to preserve your right to sue.
What Happens If You Miss the Filing Deadline
The consequences of missing the statute of limitations are permanent and devastating. If you try to file a lawsuit even one day after the two-year deadline expires, the defendant’s lawyer will immediately file a motion to dismiss your case.
The judge has no choice but to grant this motion. Texas courts have no discretion to extend the deadline, regardless of how compelling your case is or how badly you were injured.
Missing the deadline means you lose your right to compensation forever. You can’t refile the case later, and you can’t appeal the dismissal. The opportunity is simply gone.
This harsh rule applies even if you have a slam-dunk case against a drunk driver who clearly caused your accident. The strength of your case doesn’t matter if you file it too late.
Steps to Protect Your Rights Starting Today
Given these strict deadlines, taking immediate action after your accident is crucial to protecting your legal rights. Every day that passes brings you closer to losing your opportunity for justice.
Here’s what you should do right now to safeguard your claim:
- Get medical attention immediately: See a doctor even if you feel fine, as some injuries don’t show symptoms right away.
- Report to your insurance company: Call your insurer within 24 hours to comply with your policy requirements.
- Collect evidence while it’s fresh: Take photos, get the police report, and gather witness contact information.
- Mark your calendar: Write down the exact date two years from your accident so you never forget your deadline.
- Avoid recorded statements: Politely decline to give recorded statements to the other driver’s insurance company.
- Consult with an attorney quickly: Speak with an experienced personal injury lawyer within weeks, not months.
The sooner you take these steps, the stronger your case will be. Evidence disappears quickly, and witnesses forget important details as time passes.
How I Protect Your Deadlines at Perrin Law Injury & Accident Lawyer
When you hire me, James Perrin, to handle your car accident case, managing deadlines becomes my responsibility, not yours. I protect clients’ rights and understand the tactics insurance companies use to delay or devalue injury claims.
I personally track every important deadline in your case from the moment you sign with me. If your case involves a government vehicle, I immediately file the required notice to preserve your rights under those much shorter deadlines.
My approach at Perrin Law Injury & Accident Lawyer is to prepare every case as if it’s going to trial, which sends a clear message to insurance companies that we won’t be pressured by their delay tactics. When insurers know you have an attorney who’s ready to file suit, they take your claim much more seriously.
You don’t pay me anything unless I win your case. This means I only succeed when you get the compensation you deserve.
Don’t Let Time Run Out on Your Rights
Every day you wait after a car accident brings you closer to losing your legal rights forever. Insurance companies are counting on you to procrastinate until it’s too late to take action.
The good news is that calling for a free consultation costs you nothing, but waiting could cost you everything. I’ve seen too many good people lose their chance at justice simply because they didn’t understand how quickly these deadlines approach.
Let me put my decades of experience to work protecting your rights and fighting for the compensation you deserve. Contact Perrin Law Injury & Accident Lawyer today for your free case review.
Frequently Asked Questions
Does Negotiating with Insurance Companies Extend My Filing Deadline?
No, settlement discussions with insurance companies do not pause or extend the two-year statute of limitations. You must file your lawsuit before the deadline regardless of ongoing negotiations.
Can Insurance Company Delays Pause the Statute of Limitations?
No, the two-year clock keeps running even if the insurance company takes months to investigate your claim or respond to your demands. Their delays don’t affect your filing deadline.
What Happens If I Miss the Government Notice Deadline But File Within Two Years?
Missing the formal notice deadline for government claims usually bars your lawsuit completely, even if you file within the general two-year statute of limitations. The notice requirement is separate and strictly enforced.
When Does the Wrongful Death Statute of Limitations Begin?
The two-year deadline for wrongful death claims starts on the date the person died, not the date of the accident if they survived for some time in the hospital.
Do Workers’ Compensation or Insurance Claims Affect the Lawsuit Deadline?
No, filing workers’ compensation claims or insurance claims does not toll or extend the two-year statute of limitations for personal injury lawsuits in Texas.