Two years from the date of the crash for most injury claims under Civil Practice and Remedies Code section 16.003, with much shorter notice deadlines for claims against government entities.
The general rule is two years. Civil Practice and Remedies Code section 16.003 sets a two-year limitation period for personal injury, and for wrongful death it runs from the date of death. Miss it and the claim is barred no matter how strong it was.
The exceptions shorten it. A claim against a city, county, school district, or the state falls under the Texas Tort Claims Act, which requires written notice within six months, and the Houston and San Antonio city charters shorten that to 90 days. Uninsured and underinsured motorist claims carry notice requirements written into the policy. A crash with a federal vehicle requires an administrative claim first.
A few rules pause it: the injured person is a minor, was of unsound mind at the time, or the defendant left Texas. Courts read those narrowly.
The practical deadline is weeks, not years. Camera footage is overwritten in days, vehicles are repaired, and trucking companies retain electronic logs for as little as six months. Owsley Law Firm sends preservation letters the week a client calls. The consultation is free.
Filing on time is more than dropping a petition at the courthouse. A Texas plaintiff who files within the two-year period must also use diligence in serving the defendant, and a long, unexplained delay in service can defeat the filing date. This is a trap for people who file on the last day and then wait.
Claims against your own insurer work differently and catch many people off guard. In an uninsured or underinsured motorist claim, Texas courts have held that the insurer generally owes nothing until the other driver's fault and the amount of damages are established by settlement or judgment. In practice that means the underlying claim against the at-fault driver has to be brought within the two-year period, even though the policy is a contract with a longer contract deadline.
Federal defendants have their own clock. If a federal employee driving a government vehicle caused the crash, the Federal Tort Claims Act requires an administrative claim to the agency within two years, and suit can follow only after a denial or after six months without a decision. Missing the administrative step can end the case.
Tolling rules exist but are narrow. Civil Practice and Remedies Code section 16.001 covers minors and people of unsound mind, and section 16.063 pauses the clock while a defendant is absent from Texas. Courts read these strictly, and no responsible plan depends on them.
The safest approach is to treat the two-year date as the last possible day and to act on the shorter ones. The notice periods for cities can be much shorter than six months, 90 days under the Houston and San Antonio city charters, and the evidence deadlines are shorter still.
Mistakes that cost people money
- Waiting until treatment ends before speaking to a lawyer, when a government-vehicle claim may already be running out.
- Filing suit on the last day and then delaying service on the defendant.
- Assuming a claim with your own insurer has the same long deadline as the policy contract.
- Assuming a child's claim is automatically protected without checking the specific tolling rule.
Related questions
Does the two years start on the crash date or when I found out I was hurt?
For most injury claims it runs from the date of the crash. Texas has a discovery rule for a narrow set of injuries that are inherently hidden, but courts apply it sparingly, so counting from the crash date is the safe assumption.
What if the driver who hit me was a city employee?
The Texas Tort Claims Act applies, damages are capped, and written notice is required within six months or sooner if a city charter says so. Notice deadlines for these claims are far shorter than the general two years.
Do I have to sue, or can the claim just settle?
Most claims settle without a lawsuit, but the limitation period keeps running during negotiation. If talks are not concluded well before the deadline, suit must be filed to protect the claim.
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