Short answer
In Texas you generally have two years from the day of the crash to file a lawsuit for injuries or vehicle damage (Civil Practice and Remedies Code §16.003). For a death, it’s two years from the date of death. For a child under 18, the time before they turn 18 doesn’t count. If a government vehicle was involved, written notice is due within six months — or sooner if a city charter requires it.
The two-year rule
Texas Civil Practice and Remedies Code §16.003 requires a lawsuit for personal injury — and for damage to your property, including your car — to be filed no later than two years after the day the cause of action accrues. For a car crash, that is normally the day of the collision.
The deadline is for filing a lawsuit in court. Negotiating with an insurance company does not pause it. If a claim is still unresolved as the two years run out, a lawsuit generally has to be filed before the deadline or the claim is lost.
Wrongful death: two years from the death
When someone dies because of a crash, the lawsuit also has a two-year limit, but the clock starts on the date of death, which may be later than the crash itself (§16.003(b)).
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Injured children
Texas treats anyone younger than 18 as under a legal disability, and the time before they turn 18 is not counted toward the limitations period (§16.001). In practice, a child injured in a crash generally has until two years after their 18th birthday to sue for their own injuries.
A parent’s own claims connected to a child’s injury — such as medical bills the parent paid — can follow different timing. Don’t assume the child’s extended deadline covers them.
Crashes with a city, county, or DART vehicle
Claims against a Texas government unit — a city, county, transit agency like DART, or a state agency — carry an extra, much earlier deadline. The government unit is entitled to notice within six months after the incident, reasonably describing the injury or damage, when and where it happened, and what happened (§101.101).
A city’s charter can set an even shorter notice period, and Texas law expressly approves those charter deadlines.
Deadlines that arrive long before two years
- Your own insurance policy requires prompt notice of a claim — report the crash to your insurer right away.
- PIP must be paid within 30 days after your insurer receives satisfactory proof of the claim (Insurance Code §1952.156), so the sooner you send bills, the sooner they’re paid (how PIP works).
- Evidence — camera footage, the damaged vehicles, and witness memories — often disappears within days or weeks.
Frequently asked questions
What is the statute of limitations for a car accident in Texas?
Generally two years from the date of the crash for both injury and property-damage lawsuits (Civil Practice and Remedies Code §16.003). For a death, two years from the date of death.
Does filing an insurance claim stop the two-year clock?
No. The two-year deadline is for filing a lawsuit. Talking or negotiating with an insurance company does not pause it.
How long does a minor have to file a car accident lawsuit in Texas?
The time before a child turns 18 isn’t counted (§16.001), so the two years for the child’s own injury claim generally begin at 18. A parent’s own related claims can run on a different clock.
How long do I have to file a claim against a Texas city after a crash?
State law gives government units the right to notice within six months of the incident (§101.101), and a city charter can require notice even sooner. If a city vehicle or employee was involved, act immediately.
Texas law and sources cited
- Tex. Civ. Prac. & Rem. Code §16.003 — two-year limitations period
- Tex. Civ. Prac. & Rem. Code §16.001 — minors and limitations
- Tex. Civ. Prac. & Rem. Code §101.101 — notice to a government unit
- Tex. Ins. Code §1952.156 — PIP paid within 30 days of proof
General information, not legal advice. DFW Crash Data is not a law firm, and every situation is different — for advice about your own claim, talk to a licensed Texas attorney. Laws change; the sources above were checked on the date shown at the top of this page.