What's the Time Limit for Filing a Car Accident Claim in Texas?

 Posted on April 18, 2026 in Car Accidents

If you’re interested in filing a claim after a car accident in Texas, it’s important to know that in most cases, the clock for filing starts ticking immediately. Texas generally allows car accident victims two years from the date of the crash to file. While this may seem like plenty of time, life has a habit of getting in the way, making small delays turn into big ones. The last thing you want is to finally go to call a lawyer, only to realize that your window has closed.

A Gonzales County car accident lawyer can walk you through the process of filing so you know exactly why you need to act quickly.

What Is the Texas Statutes of Limitations for Car Accidents and Personal Injuries?

The statute of limitations is generally the same for car accidents and most personal injury lawsuits. Under Texas Civil Practice and Remedies Code §16.003, you have two years from the date of the incident to file a civil lawsuit. If you miss that window, the court will typically refuse to hear your case. This deadline applies to filing a lawsuit, not necessarily to settling an insurance claim, but waiting too long can still hurt your ability to recover.

If you can’t file immediately because you’re dealing with injuries, you are not alone. An experienced personal injury attorney will handle the claim for you, from start to finish.

Are There Any Exceptions to the Two-Year Rule?

There are limited situations where the two-year filing window may start later, such as:

• When the injured person is a minor (typically starts when they turn 18)

• When injuries weren't discovered right away

• When the at-fault driver left the scene, and their identity wasn't immediately known

These exceptions exist, but they're limited. It is best not to assume that one applies to your case without talking to an attorney first.

Why Filing a Car Accident Claim Sooner Is Almost Always Better in Texas

The deadline for filing a lawsuit is firm, but waiting until the last minute can create serious problems even if you technically file in time. If some part of the filing process gets hung up for some reason – for example, if you file the first time incorrectly – it’s better to have a buffer than to have to stress about whether things will go through in time.

More than that, evidence deteriorates the further from the date of the accident you get. Surveillance footage from traffic cameras or nearby businesses generally gets overwritten at some point. Witnesses may be difficult to contact, and they can forget what they saw. Even your own records, such as photos and videos, may become more difficult to find unless you’re organized from the beginning about where you store them.

What Can Delay a Fair Settlement for a Car Accident Claim in Texas?

Several things can slow down the car accident claims process, including:

• Disputes over who was at fault

• Disagreements about how serious your injuries are

• Complex insurance coverage questions, especially in truck and commercial vehicle accidents

• The at-fault driver disputing liability through their own legal team

Cases involving commercial vehicles often take longer to sort out because of complex liability issues. In these cases, getting legal help early is a good idea.  

How Can an Attorney Help With the Car Accident Claim Filing Process?

Most settlements happen outside of court, but having a car accident lawyer can still be an asset in many cases. This is particularly true if the other person’s insurance is trying to push for a fast and unfairly low settlement. Their job is to settle claims for as little as possible, and they’ll try to leverage the fact that many people just want to put the accident and its paperwork behind them. An attorney can help you accurately value your claim and alert you to damages that you may not have considered.

An experienced attorney will also help you gather the evidence necessary to prove fault and your losses, ensuring you pursue the maximum available compensation in your case.

Call a Comal County, TX Car Accident Lawyer Today

Our Gonzales County car accident attorneys bring 25 years of legal experience to every case, including complex commercial vehicle accident claims. We've recovered millions for our clients and are proud members of the Multi-Million Dollar Advocates Forum. Our caseload is intentionally low, so each case gets the attention it deserves. Call The Bettersworth Law Firm at 830-606-0404 to schedule your free consultation.