The claim is almost always barred. If a suit is filed after the two years in Civil Practice and Remedies Code section 16.003, the defendant can have it dismissed, and insurers stop negotiating once the date passes. A few narrow exceptions pause the clock, so have a lawyer check before giving up.
Texas gives most injury victims two years from the date of the crash to file suit, and wrongful death claims two years from the date of death, under section 16.003. The deadline is for filing a lawsuit, not for opening a claim. Many people negotiate with an insurer for months and assume that keeps the claim alive. It does not.
Once the date passes, the insurer has no reason to pay. Limitations is an affirmative defense, and courts enforce it strictly. A missed deadline is one of the most common reasons strong cases are lost.
There are exceptions, and they are narrow. Section 16.001 pauses the clock while the injured person is under 18 or of unsound mind, so a child’s own claim generally runs from their eighteenth birthday, though a parent’s claim for the child’s medical bills follows the regular deadline. Section 16.063 pauses it while a defendant is absent from Texas, which courts read narrowly. Other doctrines, like estoppel based on a defendant’s misconduct, apply only in unusual facts.
Shorter deadlines exist too. Claims against a city, county, or the state require written notice within six months under the Texas Tort Claims Act, and the Houston and San Antonio charters require notice within 90 days. Your own uninsured motorist policy has notice and cooperation duties.
If you are near or past the date, call a lawyer now rather than assume it is over. Owsley Law Firm checks the dates and every exception at no charge and is available 24/7.
What to do, step by step
- Write down the exact date of the crash or death.
- Gather any letters from insurers and any papers already filed.
- Note whether the injured person was a minor or incapacitated.
- Note whether a government vehicle or road was involved.
- Call a lawyer that day to check the dates and exceptions.
Filing a lawsuit is what stops the clock, and the defendant must also be served with diligence. A suit filed on time but served late can still be dismissed.
Uninsured and underinsured motorist claims against your own insurer have their own timing rules tied to the contract, which a lawyer should review separately.
Different defendants can have different deadlines in the same crash. A government entity requires notice within six months under the Tort Claims Act, a city may require 90 days under its charter, and claims against a federal vehicle require an administrative claim first. Listing every party involved is the first step in finding the earliest deadline.
If the deadline has truly passed, other options may still exist, such as claims under your own policy or against a party whose deadline runs differently. A lawyer can tell you quickly whether anything is left, and the review costs nothing.
When the defendant’s name is wrong in a suit filed on time, Texas courts sometimes allow a correction, but that depends on the specific facts. Filing early, with the right defendants, avoids those fights entirely.
Mistakes that cost people money
- Believing that negotiating with an insurer extends the deadline.
- Assuming a child’s parent has the same extended deadline as the child.
- Missing the much shorter notice deadline for government claims.
- Giving up without having a lawyer check the exceptions.
Related questions
Does the deadline run from when I learned I was hurt?
In car crash cases it generally runs from the date of the crash. The discovery rule rarely applies to obvious traffic injuries.
What is the deadline for a minor’s injury claim?
Section 16.001 pauses the clock until 18, but a parent’s claim for the child’s medical expenses follows the regular two-year rule.
Can I still claim against my own insurance?
Possibly, depending on the policy terms and coverage. Have a lawyer read the policy.
Does a wrongful death claim have the same deadline?
Yes, two years under section 16.003, but it runs from the date of death rather than the date of the crash.
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