The general rule: two years
Texas Civil Practice and Remedies Code section 16.003 gives a person injured in a car accident two years from the date of the crash to file a lawsuit. For a wrongful death claim the two years generally run from the date of death. Miss the deadline and the claim is gone, no matter how strong it was.
Exceptions that shorten the clock
Some claims carry far shorter deadlines than two years, and they are the ones people miss.
- Claims against a city, county, school district, or state agency fall under the Texas Tort Claims Act, which requires written notice within six months, and the Houston and San Antonio city charters cut that to 90 days.
- Uninsured and underinsured motorist claims against your own insurer have contractual notice requirements written into the policy.
- Federal claims, for example a crash with a U.S. Postal Service vehicle, require an administrative claim under the Federal Tort Claims Act before any suit.
Exceptions that extend it
The clock can pause in limited situations: the injured person is a minor, the injured person was of unsound mind at the time, or the defendant left Texas. These are narrow rules that courts read strictly. Do not rely on them without advice.
Why the real deadline is weeks, not years
Evidence does not wait two years. Businesses overwrite security footage in days. Vehicles are repaired or salvaged. Trucking companies retain electronic logs for as little as six months. Witnesses forget. An insurer that knows you have no lawyer has every incentive to delay while the evidence disappears.
Treat the day of the crash as the start of a short window. The consultation is free, and the earlier the firm can send preservation letters, the stronger the case.
When the two-year clock starts
In most car accident cases, the clock starts on the date of the crash. Civil Practice and Remedies Code section 16.003 sets a two-year period for personal injury and for damage to property, and courts generally treat a car accident injury as accruing when the collision happens, even if the worst symptoms appear later.
There is a narrow doctrine called the discovery rule for injuries that are inherently hard to detect, but Texas courts apply it sparingly. A person with neck pain that develops over a few weeks should not assume the clock started when the pain did. The safe assumption is the day of the crash.
Deadlines for different kinds of claims
The two-year rule is the headline, but the deadline depends on who is being held responsible and what is being claimed.
- Injury claim against a private driver or company: two years from the crash.
- Vehicle and property damage claim against a private driver: also two years from the crash.
- Wrongful death claim after a fatal crash: generally two years from the date of death.
- Claim against a government unit under the Texas Tort Claims Act: written notice within six months, and shorter if a city charter says so.
- Claim against the federal government, such as a crash with a postal or military vehicle: an administrative claim must be presented to the agency within two years before any lawsuit.
Crashes involving city, county, and state vehicles
A crash with a city bus, a county sheriff's vehicle, a school district van, or a state-owned truck is governed by the Texas Tort Claims Act. Texas has waived some of its immunity from suit for injuries caused by the operation of a motor vehicle by a government employee, but only on conditions.
The most important condition is notice. The Act requires notice of the claim within six months, and many city charters and ordinances require notice much sooner. Houston’s and San Antonio’s are 90 days. Missing the notice deadline can end the claim even though the two-year statute has not run.
The Act also limits the amount a government unit can owe, and the caps differ by type of government. Because those caps affect what a case can recover, they should be reviewed early, not after months have passed.
Filing a lawsuit is only half of the deadline
A petition filed on day 700 does not fully protect a claim if the defendant is never properly served. Texas courts require the plaintiff to use diligence in getting the defendant served after the suit is filed. If service is delayed without a good explanation, a court can treat the suit as if it had been filed on the later service date, which may be after the limitations period expired.
This is one reason waiting until the last few weeks is risky even when the two years have not technically run. Finding a defendant who moved, a company that changed its registered agent, or an out-of-state driver can take time.
Exceptions that can pause or extend the clock
Texas law tolls, or pauses, the clock in a few situations. The most common is when the injured person was a minor when the crash happened. In general, a minor's two years does not begin until the person turns 18. A similar rule applies when a person was of unsound mind at the time the claim arose.
Other narrow rules can apply when a defendant dies or is absent from the state. Courts read all of these exceptions strictly, and the person asking for the extra time has to prove they apply. They are a safety net for unusual facts, not a plan.
Claims against your own insurer follow different rules
If the at-fault driver has no insurance or too little, a claim under your own uninsured or underinsured motorist coverage is a contract claim against your insurer. It is governed by the notice and cooperation terms in the policy, and by its own timing rules for when a suit can be filed.
Do not wait for the personal injury deadline to tell your insurer about the crash. Late notice is a common reason insurers deny or fight these claims. The guide on uninsured and underinsured drivers walks through that process.
The practical deadline is earlier
The legal deadline is the last day a suit can be filed. The practical deadline is the day the evidence starts to vanish. Businesses may overwrite security video in days or weeks. Cars are repaired, sold, or sent to salvage. A trucking company's logs and driver records may be kept only for the period the federal rules require, which for some records is six months.
A claim worked up early, with preserved video, documented injuries, a complete police report, and treatment records, is more valuable and easier to prove than one started in month twenty-two. The consultation is free, and starting early costs nothing.
Common questions
Common questions
Does the two-year deadline start on the day of the crash or the day I found out I was hurt?
For most car accident claims it starts on the day of the crash. A narrow discovery rule exists for injuries that could not reasonably have been found, but Texas courts apply it rarely, so plan around the crash date.
Is the deadline different if the other driver worked for a city or the state?
Yes. Claims against government units fall under the Texas Tort Claims Act, which requires written notice within six months, and the Houston and San Antonio city charters require notice within 90 days. The two-year statute still exists, but the notice deadline usually comes first.
What if I filed a lawsuit before two years but the defendant was never served?
A filed suit that is not served with diligence can still be dismissed as untimely. Texas courts look at whether the plaintiff acted as a reasonably diligent person would in getting the defendant served.
Do I have two years to fix my car too?
Yes. Civil Practice and Remedies Code section 16.003 also covers injury to property, so a claim for vehicle damage against a private at-fault driver generally has the same two-year period. Your own collision coverage is governed by your policy.
This guide is not legal advice and does not create an attorney-client relationship. Deadlines and legal rights depend on the facts.
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