In Texas, you generally have two years from the date of a car accident to file a personal injury or property damage lawsuit. If you miss that deadline, the court will almost always dismiss your case, no matter how clear the other driver’s fault or how serious your injuries.
Insurance companies know this clock is running. Adjusters can stretch out negotiations with requests for more records and slow counteroffers, and an injured driver who waits for a fair offer may find the deadline has passed and their leverage is gone.
Some deadlines are much shorter than two years. A crash involving a City of San Antonio vehicle can require written notice within 90 days, and evidence such as surveillance video can be erased within days. Acting early protects both your rights and your proof.
At Trevino Injury Law, our San Antonio car accident lawyers track every deadline that applies to your case and preserve the evidence before it disappears. Call 210-TREVINO for a free case review. You pay nothing unless we win. Se Habla Español.
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What Is the Statute of Limitations for a Car Accident in Texas?
The statute of limitations for a car accident in Texas is generally two years from the date of the crash. Texas Civil Practice and Remedies Code Section 16.003 sets this deadline for personal injury claims and for claims to recover damage to your vehicle or other property.
The deadline is for filing a lawsuit in court, not for reporting the crash or opening an insurance claim. Most car accident cases settle without a trial, but the two-year limit still matters, because a filed lawsuit is often what pushes an insurer to make a fair offer.
| Type of claim | General deadline | When the clock starts |
|---|---|---|
| Personal injury | 2 years | Date of the crash |
| Vehicle and property damage | 2 years | Date of the crash |
| Wrongful death | 2 years | Date of the death |
| Claim against the State of Texas or a county | Written notice within 6 months | Date of the crash |
| Claim against the City of San Antonio | Written notice within 90 days | Date of the injury or damage |
When a loved one dies in a crash, the family’s wrongful death claim generally must be filed within two years of the date of death, which may be later than the date of the crash. The two-year rule has its sharpest exception when the at-fault driver works for the government.
What Deadlines Apply If a Government Vehicle Caused the Crash?
If a government vehicle caused your crash, you must give the government written notice of your claim long before the two-year lawsuit deadline. Under the Texas Tort Claims Act, Section 101.101, notice must be given within six months of the incident, and a city charter can require notice even sooner.
The City of San Antonio’s charter requires written notice of a claim within 90 days after the injury or damage. That rule can apply to crashes with city-owned vehicles such as police cars, fire trucks, and public works or solid waste trucks.
The notice must describe the damage or injury, when and where it happened, and how it occurred. Different government entities, such as Bexar County, VIA Metropolitan Transit, and state agencies, can have different notice rules, so identifying who owned the vehicle early is critical. In other situations, the law can extend the standard deadline instead of shortening it.
When Can the Two-Year Deadline Be Extended?
The two-year deadline can be paused, or “tolled,” in a few situations recognized by Texas law. These exceptions are narrow, and courts apply them strictly:
- The injured person is a minor. Under Section 16.001, the clock generally does not start until the child turns 18.
- The injured person is of unsound mind. The clock can be paused while a person lacks the mental capacity to manage their affairs or pursue a claim.
- The at-fault driver leaves Texas. Section 16.063 can pause the clock while a defendant is absent from the state, although courts limit this exception when the defendant can still be served.
- The deadline falls on a weekend or holiday. Under Section 16.072, the deadline moves to the next day county offices are open.
Do not count on an exception without a lawyer reviewing the facts. If none applies, the consequences of a missed deadline are severe.
What Happens If You Miss the Car Accident Deadline?
If you miss the deadline, the other side will ask the court to dismiss your lawsuit, and the court will almost always grant it. You lose the right to recover medical bills, lost wages, pain and suffering, and vehicle damage from the at-fault driver, even if their fault is obvious.
Once the deadline passes, the insurance company has no reason to keep negotiating. That is why the timeline for a claim should be planned backward from the deadline, not forward from the crash. Several other clocks start running well before the two years are up.
Are There Earlier Deadlines Than the Statute of Limitations?
Yes. The statute of limitations is the final deadline, but several earlier deadlines and practical time limits can affect your claim:
- Your insurance policy. Most auto policies require you to report a crash promptly. Late notice can complicate personal injury protection (PIP) and uninsured motorist claims.
- Video evidence. Businesses and traffic systems often record over footage within days or weeks.
- Vehicle evidence. Damaged cars may be repaired or sold for salvage, taking event data recorder information with them.
- Witness memory. Witnesses move, change phone numbers, and forget details over time.
Your CR-3 crash report is usually available within days and helps identify the other driver, their insurer, and witnesses. Starting early does more than beat the deadline.
Why Should You Act Long Before the Deadline?
Acting early gives you a stronger case and more negotiating power. A lawyer who starts in the first weeks can send preservation letters, collect video, interview witnesses, and document your injuries while your treatment is ongoing.
It also leaves time to resolve disputes. Insurers often deny or undervalue claims at first, and building the evidence to prove how fault is determined in your car accident takes time. A case that starts a month before the deadline gives up much of that leverage.
Quick Answers About Texas Car Accident Deadlines
Does Negotiating With the Insurance Company Stop the Clock?
No. Talking with an adjuster or exchanging offers does not pause the statute of limitations. Only filing a lawsuit, or a signed written agreement, protects your claim once the deadline approaches.
What If My Injuries Showed Up Weeks After the Crash?
In most car accident cases, the clock still starts on the date of the crash, even if pain or a diagnosis came later. Get medical care as soon as symptoms appear so your records connect the injury to the accident.
Can I Still Settle Without Filing a Lawsuit?
Yes. Many claims settle before a lawsuit is filed. But if the case has not settled as the deadline nears, a lawsuit must be filed to keep your claim alive.
Why Hire a San Antonio Car Accident Lawyer Before the Deadline?
A missed deadline cannot be undone. At Trevino Injury Law, we identify every deadline that applies to your claim, including government notice rules, and we prepare every case for a Bexar County jury. We secured a $17 million settlement in a head-on collision case involving three fatalities. Prior results do not guarantee a similar outcome.
Want to Protect the Full Value of Your Claim?
You’ve seen how this affects your case — but this is only one piece of the puzzle. Our San Antonio Car Accident Lawyer page breaks down what a trial-ready firm does differently.
We send preservation letters, collect crash data and video, and file on time so the insurance company cannot use the calendar against you. The sooner we start, the more evidence we can protect.
Call 210-TREVINO for a free case review. We operate on a strict no-win, no-fee basis. Se Habla Español.
