Texas generally gives you two years to file a personal injury lawsuit after a car accident. In a typical crash case, the clock starts on the crash date. You may need to act much earlier if a government vehicle was involved or your insurance policy requires prompt notice or proof of loss. Start by confirming which deadlines apply and keeping a record of every notice you send.
When does the Texas car accident filing deadline start?
Texas Civil Practice and Remedies Code § 16.003(a) generally gives an injured person two years from the date the claim accrues to sue. For a typical negligence claim against another driver, that is the day of the crash. For example, if a crash happens on March 10, 2026, the usual two-year date would be March 10, 2028, subject to any case-specific rule that changes the calculation.
Start with the date and time on the police report or incident record. If records show different dates, keep each document and flag the discrepancy. The date your insurer opened the claim, the date you finished treatment, and the date you received a repair estimate serve different purposes. Use the crash date as your starting point for checking the court deadline.
Serving the defendant can also affect whether the case survives a limitations challenge. A Texas appellate decision applying the state’s service rules explains that when service occurs after the deadline, the plaintiff may have to show diligence in arranging and completing service. Leave time to identify the correct defendant and arrange service.
How do insurance deadlines work after a Texas crash?
The Texas Department of Insurance recommends telling your own insurer about the crash promptly. Read the policy for notice, proof-of-loss and cooperation requirements, and ask the insurer to confirm its requested forms and due dates in writing. If you are submitting medical bills or lost-income records under your own policy, DIG’s Texas PIP claim guide explains what to gather.
Opening a claim, sending a demand, or continuing settlement talks generally leaves the lawsuit deadline running. For example, if an adjuster asks for another month to review your medical records when the court deadline is near, track the review date separately and get the filing date checked promptly. Keep the claim number, the date of your last submission, and any response in the same file.
What if a city or other government vehicle was involved?
A crash involving a public entity may trigger an earlier notice deadline. Texas Civil Practice and Remedies Code § 101.101 generally gives six months from the incident for notice under the Texas Tort Claims Act. The notice should identify the incident, when and where it happened, and the injury or damage claimed. Local charter or ordinance requirements can affect timing, and the statute contains a fact-specific actual-notice exception.
The City of Dallas notice-of-claim form directs claimants to file with its Office of Risk Management within six months. First confirm who owns and operates the vehicle. A city department, a transit authority, and a private contractor can have different claims procedures. A police report can help identify the parties. Get advice before treating it as proof that the required entity received legal notice.
What can change the usual two-year calculation?
Legal disability at accrual. Under § 16.001, the time of a qualifying legal disability can be excluded if it exists when the claim accrues. The statute includes being under 18. Separate claims arising from the same crash can involve different people and deadlines, so get each one checked individually.
Wrongful death. Under § 16.003(b), the general two-year period for a wrongful death action accrues on the date of death. If death followed a crash after a period of treatment, save both dates and ask which deadlines apply to the family’s claims.
Multiple responsible parties. If a driver was working, a company owned the vehicle, or a public entity was involved, keep all the names from the report and insurance communications. The party you were first told to contact may be only one of several parties whose role needs review.
What to gather before you check the deadline
- Crash date, location, and report number. Save the report and any supplemental record that identifies the vehicles, drivers or agencies involved.
- Insurance notices and replies. Keep claim numbers, policy pages, written requests for proof, and submission receipts.
- Medical and employment records. Keep the dates of first treatment, bills, wage records, and relevant communications.
- Names and contact details. Note each driver, owner, employer, public entity, adjuster and witness you can identify.
If a deadline is close or unclear, a Dallas car accident lawyer can review the timeline, the parties involved, and what still needs to be filed or served.
Case Evaluation