Car Accident Statute of Limitations in Texas
If you’ve been hurt in a car accident in Texas, one deadline matters more than any other: you generally have two years to file a lawsuit. Miss it, and you lose your right to compensation — no matter how serious your injuries.
This guide explains how that deadline works, when exceptions apply, and what you should do right now to protect your claim.
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What is the statute of limitations for car accidents in Texas?
Under Texas Civil Practice & Remedies Code § 16.003, you have two years from the date of the accident to file a personal injury or property damage lawsuit in civil court. This applies to most car accident claims in the state, including those involving:
- Personal injury (physical harm to you or a passenger)
- Property damage (damage to your vehicle or other belongings)
Two years may feel like a long time. It goes faster than most people expect — especially while recovering from injuries and dealing with insurance companies.
When does the clock start running?
Date of the accident
In most cases, the two-year countdown begins on the day the crash happens. If you were rear-ended on I-35 in Dallas on April 1, 2024, you would generally need to file your lawsuit by April 1, 2026.
Discovery rule
Sometimes injuries don’t show up right away. A herniated disc, traumatic brain injury, or internal damage may not become apparent until days or weeks after the accident.
In those situations, Texas courts may apply the discovery rule — which starts the clock from the date you discovered (or reasonably should have discovered) the injury, not the date of the crash itself. This exception applies as long as the injury wasn’t reasonably detectable at the time of the accident.
This exception is narrow and fact-specific. It’s always worth speaking with an attorney if you believe it may apply to your situation.
Exceptions to the Texas statute of limitations
Texas law does recognize situations where the two-year deadline can be paused — or “tolled.” These are not loopholes. They exist to protect people who genuinely couldn’t file within the standard window.
Minors
If the injured person was under 18 at the time of the accident, the clock doesn’t start running until their 18th birthday. That means a minor has until their 20th birthday to file a claim. A parent or guardian may still be able to file on their behalf before then.
Mental incapacity
If the injured person was legally mentally incapacitated at the time of the accident, the deadline is paused for as long as that incapacity continues.
Defendant leaves the state
If the at-fault driver leaves Texas after the accident, the time they spend outside the state may not count toward the two-year window. This prevents defendants from running out the clock by simply relocating.
Government claims
This is where many people get caught off guard. If another driver was a government employee acting in an official capacity — a city bus driver, a state vehicle operator — you may be filing a claim against a government entity. Under the Texas Tort Claims Act, you may have as little as six months to file a formal notice of claim. Miss that window, and you may forfeit your right to sue entirely.
| Situation | Deadline |
|---|---|
| Standard car accident claim | 2 years from date of accident |
| Injury discovered later | 2 years from date of discovery |
| Injured minor | 2 years from 18th birthday |
| Claim against government entity | As little as 6 months — check with an attorney |
| Wrongful death | 2 years from date of death |
What happens if you miss the deadline?
Missing the statute of limitations is one of the most damaging mistakes you can make in a personal injury case. The consequences are nearly always irreversible:
- Your case will likely be dismissed. The defense simply has to raise the missed deadline, and the court will dismiss your lawsuit — ending your right to compensation, regardless of how clear the fault or how serious the injuries.
- Your leverage with insurers disappears. Insurance companies know that without the threat of a lawsuit, you have very little negotiating power. Settlements — if they offer one at all — will reflect that.
It’s a pattern attorneys see regularly — someone spends the first year focused on recovery, assumes the insurance process is moving forward, and only seeks legal advice well past the two-year mark. By then, the court will not hear the case regardless of how strong the evidence is.
Don’t let it happen to you.
Why acting early is vital
Filing sooner rather than later protects your claim in ways that go beyond meeting the deadline. The earlier you act, the better your chances of building a strong case.
Evidence deteriorates fast. Skid marks fade, dashcam footage gets overwritten, and surveillance video gets deleted — often within days. The sooner an attorney gets involved, the faster that evidence can be preserved.
Witnesses become harder to reach. People move, memories fade, and contact details change. A witness who clearly remembers the crash today may struggle to recall key details two years from now.
Insurance deadlines are separate. Your insurer may require you to report the accident within a much shorter window — sometimes just days. Missing that internal deadline can affect your own uninsured motorist coverage or medical payments coverage, regardless of the statute of limitations.
Steps to take before the deadline
- Seek medical attention immediately, even if you feel fine. This creates a medical record connecting your injuries to the accident.
- Gather evidence while it’s still available: photos from the scene, dashcam footage, witness contact information, and the police report.
- Report the accident to your insurer as required under your policy. Delays here can complicate your own coverage.
- Speak with a lawyer as early as possible. An attorney will assess your claim, advise on deadlines, and handle the legal steps so you can focus on recovery.
For more guidance on immediate steps, see our full guide: what to do after a car accident in Texas.
How a Texas personal injury lawyer will help
Handling a car accident claim on your own is possible — but the stakes are high, and insurance companies have experienced adjusters working against you from day one. Here’s where an attorney makes the most difference:
- Case evaluation: An attorney will review the facts, identify every liable party, and give you an honest assessment of what your claim may be worth.
- Filing deadlines: Your attorney tracks all applicable deadlines — including government notice requirements — so nothing falls through the cracks.
- Negotiations: Insurance companies routinely make low initial offers. An attorney knows what fair compensation looks like and will push for it.
- Litigation: If a fair settlement isn’t on the table, your attorney will take the case to court.
We connect injured Texans with experienced personal injury attorneys across the region. If you’re in the Dallas–Fort Worth area, browse our directory of personal injury lawyers in Plano or personal injury lawyers in McKinney.
Special considerations for different types of claims
Wrongful death
If a loved one died as a result of a car accident, the family may have a wrongful death claim under Texas Civil Practice & Remedies Code § 71.002. The deadline is two years from the date of death — not the date of the accident, if those differ. Eligible family members typically include a spouse, children, and parents.
Insurance claims vs. lawsuits
These are two different things, and it’s worth being clear on the distinction:
An insurance claim is filed directly with an insurance company — either yours or the at-fault driver’s. Insurers have their own internal deadlines, which are often much shorter than two years and are set out in your policy.
A lawsuit is a formal legal action filed in civil court. The two-year statute of limitations applies specifically to lawsuits, not insurance claims. That said, if settlement negotiations with the insurer drag on and you’re approaching the two-year mark, you may need to file suit to preserve your rights — even if you’re still hoping to settle.
Don’t wait to find out whether the deadline has passed. A quick conversation with an attorney costs you nothing and could protect your right to compensation.
Contact a Plano personal injury attorney now →
Frequently asked questions
How long do I have to file a car accident claim in Texas?
In most cases, you have two years from the date of the accident to file a personal injury or property damage lawsuit. This deadline is set by Texas Civil Practice & Remedies Code § 16.003. Missing it will almost certainly end your legal claim.
Can I file a claim after 2 years?
Rarely — but there are narrow exceptions. These include cases involving injured minors, mental incapacity, the discovery rule (for injuries not immediately apparent), and situations where the defendant left the state. Government entity claims have even shorter deadlines. An attorney can tell you whether any exception applies to your case.
Does the statute of limitations apply to insurance claims?
No — the two-year deadline applies to lawsuits filed in court. Your insurance policy will have its own reporting deadlines, which are often much shorter. Always report the accident to your insurer promptly.
What if I didn’t know I was injured right away?
The discovery rule may apply, delaying the start of the two-year window until you knew — or reasonably should have known — you were injured. It’s a narrow exception, so speak with an attorney as soon as you receive a diagnosis.
