Texas Car Accident Statute of Limitations: Deadlines and Rules

What Is the Texas Statute of Limitations for a Car Accident?

Under Texas Civil Practice and Remedies Code § 16.003, the statute of limitations for a car accident in Texas is generally two years. The clock starts on the date of the collision. This strict deadline applies to both personal injury and property damage claims, with strict exceptions for government-involved accidents.

This statutory deadline applies to drivers, passengers, motorcyclists, bicyclists, and pedestrians seeking compensation. You must file your personal injury lawsuit before this two-year window closes.

Does the Two-Year Limit Apply to Both Injuries and Property Damage?

Yes, the two-year limit applies to both bodily injury claims and vehicle property damage claims. Texas Civil Practice and Remedies Code § 16.003(a) governs both categories of damages.

Wrongful death claims follow a slightly different timeline under Section 16.003(b). The two-year wrongful death filing deadline begins on the date of the victim's death, not the crash date.

When Does the Statute of Limitations Clock Start Ticking?

The statute of limitations clock starts ticking on the exact calendar date of the collision.

Filing a petition before the deadline is not enough on its own. Texas courts also require you to use due diligence to serve the defendant with the lawsuit.

You must diligently serve the citation on the defendant. If you file on time but delay serving the defendant, the court may dismiss your case.

Court Filing Fees and Procedures

Civil lawsuits are filed in Texas District Courts or Statutory County Courts at Law. The base initial filing fee for a District Court is $350.00.

A County Court at Law requires a $274.00 base fee. For small claims up to $20,000, you can file in a Texas Justice Court for a $54.00 base fee.

You must also pay an $8.00 fee for the issuance of citation per defendant. Service of citation typically costs $75.00 to $100.00 via a Constable or Sheriff.

If you cannot afford these fees, you can file a Statement of Inability to Afford Payment of Court Costs. Official Supreme Court of Texas forms are available online.

You can file your lawsuit electronically through eFileTexas. Effective September 1, 2024, new Texas Business Courts have no jurisdiction over personal injury or motor vehicle tort claims.

These cases remain in standard county and district courts. Additionally, Texas Rule of Civil Procedure 106(b) now authorizes substituted service of citation via electronic communication or social media.

This applies when conventional service fails after diligent efforts.

What Exceptions Can Pause or Extend the Texas Deadline?

Texas law allows the tolling of limitations in very specific circumstances. Under Texas Civil Practice and Remedies Code § 16.001, a statutory disability applies to minor victims under 18 years of age.

It also applies to individuals of unsound mind. The death of a party can suspend the deadline for 12 months under Section 16.062.

However, the rules regarding a defendant's absence from the state recently changed. In April 2023, the Supreme Court of Texas ruled in Ferrer v. Almanza that physical absence alone does not toll the deadline.

If the defendant remains subject to personal jurisdiction in Texas, the clock keeps running.

What Are the Strict Deadlines for Accidents Involving Government Entities?

Accidents involving government vehicles have drastically shorter notice rules. The Texas Tort Claims Act (CPRC § 101.101) requires formal written notice to state agencies or counties within six months of the crash.

Cities can set their own notice deadline in the city charter, and § 101.101(b) allows those charter deadlines. Some are much shorter than six months.

Missing this preliminary administrative notice usually destroys your right to sue the government entity later. You must verify the specific municipal charter deadline for the city where the crash occurred.

Lawsuit Statute of Limitations vs. Insurance Reporting Deadlines: What Is the Difference?

A lawsuit statute of limitations is a strict court deadline. An insurance reporting deadline is a contractual policy requirement.

Auto insurance policies usually require you to report a crash promptly or within a set number of days. Filing an insurance claim does not stop or toll the court statute of limitations.

Active insurance claim negotiations will not extend your two-year legal deadline. Relying on prolonged insurance settlement negotiations risks running out the legal clock.

Unless you have a formal written tolling agreement, you must file suit before the two-year mark.

What Happens If You Miss the Texas Filing Deadline?

If you file a lawsuit after the statute of limitations expires, the defense will raise an affirmative defense. The court will likely grant a motion to dismiss with prejudice.

A dismissal with prejudice means you permanently lose your legal standing to demand compensation in court. You also lose all settlement leverage against the at-fault driver and their insurance company.

If you need to verify an attorney's license, use the State Bar of Texas official directory. You can also search for local courts using our court directory or review other state laws.

For more information on civil procedures, explore our legal guides.

Legal disclaimer: This page is general legal information, not legal advice. Laws change and vary by state and by the facts of each case. LawMillion is a legal directory and referral service, not a law firm. Confirm current rules with the official sources above or a licensed attorney in your state.