After a car accident, contact a lawyer right away to protect your right to compensation, even if dealing with insurance takes time. Missing the statute of limitations can make you lose your claim, and while some exceptions exist, they are rare. Below, we break down the deadlines, exceptions, and what happens if the time limit runs out.
In Texas, for car accidents, you have only two years from the accident date to file a lawsuit.
A statute of limitations forces you and the other driver to act quickly, helping resolve your case faster. But it does not affect your insurance claim, which has its own deadlines—sometimes as short as 10 days after the accident.
The statute of limitations is the time you have to file a personal injury claim.
The Standard Deadline for Filing a Texas Car Accident Lawsuit
The 2-year deadline for Texas car accident claims usually starts on the day of the crash. If you wait to see a doctor, your case could be weaker because insurance companies may say your injuries aren’t from the accident.
Therefore, you should see a doctor right away to show a direct connection between your injuries and the accident. When you hire a car accident lawyer immediately, they can gather evidence and build your case. The more you can provide your legal team, the stronger your claim.
Two years can pass quickly, but an attorney will usually file your lawsuit as soon as they take your case. This protects your filing deadline and often helps you get a faster, fairer settlement.
How the Statute of Limitations Applies to Different Car Accident Claims
The statute of limitations can vary depending on your case, and a car accident lawyer can explain any limits on your claim. Here are some general rules:
- Physical injury: You have 2 years to file your lawsuit, but your expenses and treatment could extend well beyond that timeline. Your attorney may wait to file until they understand your future medical needs.
- Property damage: These claims also have a 2-year deadline, but repairs usually take less time than recovering from injuries.
- Government agencies: If a car accident involves public property, or a government vehicle, you must give notice in 180 days, but you still have 2 years to sue.
- Wrongful death: If a loved one dies in a car accident, per Texas CPRC 71.001, certain family members can file a wrongful death claim. The 2-year deadline usually starts from the date of death, not the accident.
If a family member filed a personal injury case before dying, you can turn it into a survival action to recover their medical expenses. You can also seek funeral costs, lost financial support, and compensation for your grief. Usually, the 2-year statute of limitations starts from the date of death, not the accident.
Exceptions That Can Extend or Pause the Statute of Limitations
Your case may qualify for a delay, known as tolling, which can extend or pause the statute of limitations in Texas for reasons like:
- Victim is under 18: For minors, the statute of limitations doesn’t start until they turn 18.
- Victim is mentally incapacitated: The time to file pauses until they can understand the lawsuit.
- Defendant hid their fault: If you don’t discover who is at fault until later because the other party committed fraud, the time to file starts when you find out the truth.
- Defective product caused the accident: If a faulty product caused the crash, special rules may apply.
- Defendant can’t be found: If the at-fault driver leaves Texas, the clock doesn’t start until they return.
- Injuries discovered later: You may delay the time to file if you didn’t know you were hurt. The law compares this to when a reasonable person would have noticed the injury.
You can’t assume exceptions will extend your time to file, because the court needs strong proof. A car accident lawyer can review your case, see if you qualify, and gather the right documents for the court.
What Happens if You Miss the Texas Car Accident Filing Deadline
Each state has different deadlines, but if you miss the statute of limitations in Texas, the court can block your personal injury claim. Waiting too long to contact a lawyer may leave too little time to investigate and prepare your case.
That’s why it’s critical to speak with a car accident attorney right away. They can start negotiating with insurance companies and watch for tactics meant to push you past the filing deadline.
If the deadline passes, insurers can refuse to pay, even if you have strong evidence. In some cases—like delayed injury discovery or fraud—a lawyer may find ways to preserve your claim despite the statute of limitations.
If the deadline passes, insurers can refuse to pay, even if you have strong evidence.
How the Statute of Limitations Impacts Settlement and Insurance Claims
Insurance adjusters often rely on your lack of knowledge about deadlines and policies to lower their payouts. They might make a small offer and drag out talks until the statute of limitations is almost up, hoping you’ll accept less than you deserve. After the filing deadline passes, you lose much of your leverage to get a fair settlement.
When you file a lawsuit quickly, you have bargaining strength to pursue the full value of your claim. Notifying them of legal action lets them know you are serious and won’t accept less than what you deserve. You’re telling them that you are watching the filing dates just as closely as they and you know how to respond to their techniques.
Statute of Limitations Issues in Multi-Vehicle and Complex Accidents
When multiple parties are at fault or involved in a crash, your attorney must act carefully and strategically. They need to identify each party’s level of fault, compare it to yours, and prepare for defendants working together to fight your claim. If no party is over 50% at fault, the court may rely on joint and several liability.
Figuring out who is at fault can take time and may bring your case close to the filing deadline. Adding parties after filing may not be allowed, so acting quickly gives your attorney a stronger foundation to protect your claim.
Because of these complexities, you must hire an attorney immediately when multiple parties are involved. Managing these complex cases requires close supervision and management by a legal professional. If not, your opponents will use their insurance knowledge and legal practices to their advantage.
When to Hire a Lawyer for a Texas Car Accident Statute of Limitations Issue
If you are already in negotiations and the other party keeps stalling or asking for the same information, it could be a sign the deadline is near. Another warning sign is a disagreement over when the statute starts, which may be an attempt to push you past the filing deadline.
When you hire a Texas car accident attorney right away, we can investigate your claim and collect robust evidence to support it. We handle many tasks to keep your case moving forward, while you focus on healing. To learn more about what the team at Farah Law can do for you, contact us today to arrange a free consultation.
