Usually not. Texas generally requires an injury lawsuit to be filed within two years of the crash. A few exceptions can extend that, such as an injured child or a defendant who left Texas, but they are narrow, and claims against government bodies have much shorter notice deadlines.
The general rule is Civil Practice and Remedies Code section 16.003: a personal injury lawsuit must be filed within two years of the day the claim accrues, which in a car crash is usually the day of the crash. For a wrongful death claim, the two years run from the date of death. Once the deadline passes, the defense can have the case dismissed no matter how strong it is.
Some exceptions pause the clock. Under section 16.001, the period does not run while the injured person is younger than 18 or of unsound mind, so a child injured in a crash generally has until two years after turning 18. Under section 16.063, the absence of the defendant from Texas can suspend the running of the period. These rules are applied strictly and depend on specific facts.
Other deadlines arrive sooner. A claim against a city, county, or the state under the Texas Tort Claims Act generally requires written notice within six months under section 101.101, and some city charters require notice even sooner. Missing a notice deadline can end the claim even when the two-year period has not run.
Claims under your own insurance policy follow the policy and contract law rather than the two-year tort deadline, and policies often require prompt notice of a crash. Waiting years to report a claim to your own insurer creates problems of its own.
If your crash is approaching or past two years, talk to a lawyer immediately rather than assuming the claim is gone or still open. Owsley Law Firm reviews deadline questions for free and charges no fee unless it wins.
What to do, step by step
- Find the exact crash date and any date of death.
- Check whether the injured person was a minor at the time.
- Check whether a government vehicle or road was involved.
- Talk with a lawyer right away about the deadline.
The discovery rule, which delays accrual until an injury is discovered, rarely applies to car crashes because the injury and its cause are usually known on the day of the crash.
Even when a claim may still be timely, waiting makes it weaker: witnesses move, records are purged, and video is gone.
Mistakes that cost people money
- Assuming insurance negotiations pause the deadline.
- Missing a six-month government notice deadline.
- Assuming a child's claim follows the adult deadline.
Related questions
Does negotiating with the insurer extend the deadline?
No. Only filing suit or a specific legal exception stops the two-year period.
What about a child injured in a crash?
The period generally does not run until the child turns 18, though a parent's own claim for medical expenses may follow a different timeline.
What if the other driver left Texas?
The defendant's absence from the state can suspend the period under section 16.063, depending on the facts.
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