Texas Car Accident Statute of Limitations: How Long Do You Have to File?

By The Law Office of Jas Jordan, PLLC | Houston Personal Injury Attorneys

A car accident can leave you dealing with medical appointments, vehicle repairs, missed work, and insurance calls. With everything happening at once, filing a lawsuit probably isn't your first concern.

But Texas law places deadlines on how long you have to take legal action after an accident.

In most Texas car accident injury cases, you generally have two years to file a personal injury lawsuit. This deadline is known as the statute of limitations.

What many people don't realize is that the deadline for filing a lawsuit and the requirements for reporting an accident to an insurance company are not necessarily the same.

Here's what Houston drivers should understand about these deadlines and how they can affect an injury claim.

What Is the Texas Car Accident Statute of Limitations?

The Texas car accident statute of limitations generally gives an injured person two years from the date their claim accrues to file a personal injury lawsuit.

For most car accidents, that means two years from the date of the collision.

Under Texas Civil Practice and Remedies Code §16.003, the general limitations period for personal injury lawsuits is two years.

For example, if you were injured in a car accident on June 15, 2026, the ordinary two-year anniversary would be June 15, 2028. However, legal rules and exceptions can affect the actual filing deadline.

If you miss the applicable deadline, you may lose the ability to pursue compensation through a lawsuit, even if you believe the other driver caused the accident.

That's why understanding the deadline early is so important.

Is Filing an Insurance Claim the Same as Filing a Lawsuit?

No, and this is where many accident victims become confused.

An insurance claim involves notifying an insurance company about an accident and requesting compensation under an applicable policy.

A personal injury lawsuit is a legal action filed in court.

Insurance policies may require prompt notification of an accident, cooperation with an investigation, or compliance with other claim procedures.

These requirements are separate from the statute of limitations.

One of the biggest mistakes an accident victim can make is assuming that ongoing insurance negotiations automatically extend the deadline to file a lawsuit.

In most situations, they do not.

Even if an insurance adjuster is still reviewing your medical records or discussing a settlement, the legal deadline may continue approaching.

Can You Wait Two Years Before Taking Action?

Although the general Texas personal injury filing deadline is two years, that doesn't mean waiting until the last minute is a good idea.

Important evidence can become harder to obtain over time.

Witnesses may forget details. Nearby businesses may overwrite surveillance footage. Vehicles may be repaired, sold, or destroyed.

Medical records and documentation of lost income can also take time to collect and review.

Starting the process early can make it easier to investigate what happened and identify the evidence needed to support a claim.

What if You Were Injured by a Government Vehicle?

Accidents involving government-owned vehicles can have additional legal requirements.

For example, a collision involving a city bus or another government-operated vehicle may raise questions about governmental immunity and special notice requirements.

Under the Texas Tort Claims Act, certain claims generally require notice to the governmental unit within six months of the incident. Some city charter provisions may impose shorter deadlines.

Other legal requirements and exceptions may apply.

If your accident involved a government vehicle, don't assume you have two full years before you need to do anything.

These cases deserve prompt legal attention because the applicable notice requirements can be much shorter than the ordinary statute of limitations.

Are There Exceptions to the Two-Year Statute of Limitations?

Yes. Not every Texas personal injury case follows exactly the same deadline.

Certain circumstances can affect how a limitations period is calculated or whether it is temporarily suspended.

For example, Texas law contains special rules that may apply to some claims involving minors or certain legal disabilities.

Different causes of action can also be governed by different deadlines.

However, these exceptions are fact-specific.

You should never assume an exception applies to your case without having the circumstances reviewed by a qualified attorney.

What if Your Injuries Didn't Appear Until Days or Weeks Later?

Not every injury becomes obvious immediately after a collision.

Some people experience pain, stiffness, headaches, or other symptoms after initially believing they were unharmed.

Others may not understand the seriousness of an injury until receiving medical testing or a diagnosis.

However, discovering an injury later does not automatically restart the two-year clock.

Texas has specific legal rules governing when a claim accrues and whether any exception applies.

If you experience symptoms after a crash, seek appropriate medical care and obtain legal advice about the deadlines that may affect your case.

Does the Insurance Company Have to Settle Before the Deadline?

No. An insurance company is not necessarily required to resolve your claim before the statute of limitations expires.

Some claims involve disagreements about who caused the accident, whether injuries were related to the collision, or how much compensation is appropriate.

Those disputes can take time.

The important thing to remember is that negotiating a settlement is not the same as preserving your right to file a lawsuit.

If negotiations continue while a legal deadline approaches, you may need to consider additional steps to protect your rights.

What Should You Do After a Houston Car Accident?

If you've been injured in a collision, taking a few important steps can help protect your health and preserve information that may become relevant to your claim.

Seek Medical Attention

Your health comes first. A medical professional can evaluate your injuries, recommend treatment, and document your condition.

Report and Document the Accident

When appropriate, report the collision to law enforcement. Keep photographs, witness information, crash reports, and other relevant evidence.

Notify the Appropriate Insurance Company

Review your policy and comply with applicable reporting requirements. Be accurate when describing the accident and your injuries.

Keep Records of Your Expenses

Save medical bills, treatment records, repair estimates, and documentation of any income lost because of your injuries.

Understand Your Filing Deadline

Don't assume that every accident follows the same timeline. Government claims, insurance requirements, and certain exceptions can change the deadlines that matter.

Consider Speaking With a Car Accident Attorney

An attorney can evaluate the circumstances, explain potential legal claims, and help determine which deadlines apply.

Frequently Asked Questions About Texas Car Accident Deadlines

How long do I have to sue after a car accident in Texas?

Most Texas car accident personal injury lawsuits are subject to a general two-year statute of limitations. Exceptions and different requirements may apply depending on the circumstances.

Can I still file a claim if my accident happened a year ago?

Possibly. You may still have time to pursue a legal claim, but insurance notice requirements and other applicable deadlines must also be considered.

Does filing an insurance claim stop the two-year deadline?

Generally, filing or negotiating an insurance claim does not automatically stop the statute of limitations for a lawsuit.

What if the accident involved a city bus or government vehicle?

Special notice requirements and governmental liability rules may apply. Some claims require notice substantially earlier than the ordinary two-year lawsuit deadline.

Can I sue after the two-year deadline has passed?

Certain exceptions or different limitations rules may apply, but many claims will be barred after the applicable deadline expires. A qualified attorney can evaluate whether any exception is relevant.

Do I need an attorney to file an insurance claim?

Not necessarily. However, if you suffered injuries, liability is disputed, or a legal deadline is approaching, speaking with an attorney may help you understand your options.

Don't Let a Filing Deadline Affect Your Right to Compensation

The aftermath of a car accident can be overwhelming, especially when you're trying to recover while managing medical bills, missed work, and insurance claims.

Understanding the deadlines that apply to your situation can help you make informed decisions about your next steps.

At The Law Office of Jas Jordan, PLLC, we represent individuals and families injured in car accidents throughout Houston, Missouri City, Sugar Land, Pearland, Katy, and surrounding Texas communities.

If you've been injured in a collision or you're concerned about an approaching deadline, our firm can help evaluate your circumstances and explain your legal options.

Call 844-92-TRUST (844-928-7878) or visit www.injury-sniper.com to contact our office.

The Injury Sniper. Your Fight Is My Focus.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Every case is different, and deadlines may vary based on the facts and applicable law. Reading this article does not establish an attorney-client relationship.