How long after a car accident can you claim injury in Texas?
The quick answer is — the sooner, the better.
Texas doesn't impose a hard legal deadline for you to file an injury claim with insurance companies after an accident.
However, your insurance policy (and the at-fault driver's) likely requires you to file any claims “promptly.” If you wait too long, the insurance company might deny your claim outright if the policy has a “late notice” clause.
Don't get this mixed up with the 2-year statute of limitations, which we’ll discuss later. The statute of limitations applies to filing a lawsuit against the responsible party.
Finding it all confusing?
This is where having expert legal advice and guidance by your side plays a critical role. At No Bull Law, we take the stress out of the process, helping you file on time, maximize your claim, and avoid costly mistakes.
Schedule a free consultation with us today for a clearer view of your unique situation.
If you want to learn more, read on as we cover everything you need to know about filing an injury claim in Texas, from key deadlines and exceptions to the steps you should take.
If you’re filing an insurance claim, there’s no strict legal deadline. But as we mentioned earlier, insurance companies expect you to file promptly—typically within days or weeks of the accident.
Remember that delays can impact the claim, so it’s important to check the specific policy requirements. Even better, get an accident lawyer to help you manage the claims process and cut through all the legalese.
However, if you’re filing a lawsuit for a car accident claim, the Texas statute of limitations kicks in—which is generally two years from the date of the accident.
This means you have a two-year window to take legal action against the responsible parties. If you don’t file within this period, you may lose your right to pursue compensation, regardless of the strength of your personal injury case.
But don’t worry, this doesn’t mean you must head to court or face a jury immediately. It simply means you must get the ball rolling and file your car accident lawsuit within those two years.
You should also, at minimum, have opened your claim within that time-frame. (But as mentioned, the sooner, the better.)
How Does the Statute of Limitations Apply in Texas?
The two-year statute of limitations applies to different types of Texas car accident claims in these ways:
- Personal Injury Claims: You have two years from the accident date to file a personal injury lawsuit for injuries sustained in a car accident.
- Property Damage Claims: Claims for vehicle or property damage resulting from a car accident must also be filed within two years of the accident date.
- Wrongful Death Claims: In cases where someone has died due to accident-related injuries or a fatal car accident, a wrongful death claim must be filed within two years from the date of death.
Why Does the Statute of Limitations Exist?
The statute of limitations is here to keep things fair. It nudges plaintiffs to act while the evidence is fresh and witnesses still remember what happened.
Waiting too long could lead to fuzzy memories, missing evidence, and putting defendants in a tough spot — after all, nobody expects to be sued for something from years ago.
What Are the Exceptions to the Two-Year Deadline?
While Texas law strictly enforces the two-year statute of limitations for personal injury claims, several exceptions can extend this deadline:
- Minors: If the accident victim is under 18, the statute of limitations does not begin until their 18th birthday, giving them until age 20 to file a claim.
- Mental Incapacity: If the accident victim is mentally incapacitated (e.g., in a coma), the statute of limitations is paused until they regain capacity.
- Absconding Defendant: If the defendant leaves the state, the time period is paused until they return to Texas.
- Military Deployment: Active military duty pauses the Texas statute of limitations for the car accident victim and at-fault party. Courts also protect deployed servicemembers from default judgments by verifying their military status and appointing an attorney if needed.
- Claims Against Government Entities: Under the Texas Tort Claims Act, you must file a Notice of Claim within 30 to 180 days of the injury before filing a lawsuit. If you miss this deadline, you can’t file a personal injury lawsuit, even if the two-year statute of limitations hasn’t expired.
- Product Liability: In Texas, if a defective car part caused the accident, you must file a claim within 15 to 20 years of the part’s original sale. If the manufacturer provides a written warranty for a longer lifespan, the deadline extends to match the warranty period.
Sounds like a ton of confusing exceptions, right?
That’s where a car accident lawyer comes in — they can help you navigate these rules, ensure your claim is valid, and guide you through the process.
So, how do you file a claim?
Let’s break it down.
How to File an Injury Claim After a Car Accident in Texas (if You’ve Delayed)
Filing an injury claim after a car accident doesn’t have to be as stressful as the accident itself (especially if you work with a personal injury attorney). If you’ve delayed filing your injury claim, here’s how to get started:
- Consult a Personal Injury Lawyer: If the accident happened within the two-year Texas car accident statute of limitations, contacting a car accident lawyer is the first step. They can evaluate your case, help gather any remaining evidence, and handle communication with insurers or other parties. Leverage our personal injury law firm’s free consultations to get started on your case right away.
- Reconstruct the Accident Scene: Since you can no longer document the accident scene, your car accident attorney will use the police report, witness statements, and any existing photos or videos to figure out what happened.
Note: Texas law requires you to report a car accident within 10 days if it involves injury, death, immovable vehicles, or property damage over $1,000.
- Gather Available Documentation: You’ll need to compile all records related to the accident, such as medical bills, repair costs, and correspondence. Your car accident lawyer will help identify and organize the evidence needed to strengthen your claim.
- Notify Your Car Insurance Company: If you haven’t already reported the accident, your personal injury attorney can guide you on what to say and ensure you meet your policy’s reporting requirements without jeopardizing your claim.
- Seek or Review Medical Attention: Visit a doctor to document injuries or review past medical records. Your car accident attorney will use these records to demonstrate the accident's impact on your health and support your compensation claim.
- File an Insurance Claim: Your personal injury lawyer will submit the claim to the at-fault driver’s auto insurance, presenting evidence and negotiating for a fair settlement on your behalf.
- Consider Legal Action if Necessary: If the auto insurance company doesn’t offer a reasonable settlement, your lawyer will file a car accident lawsuit and handle all legal requirements to pursue compensation in court.
What Happens If You Don’t File a Claim on Time?
If you don’t file a claim on time, you risk the following:
- Losing your right to recover any compensation: Miss the deadline, and your car accident case is as good as gone — no payout, no exceptions, no matter how solid it is.
- Giving adjusters ammo to challenge your personal injury claim: If you were injured, filing late makes it easier for car insurance companies to argue your injuries weren’t serious, especially if there are gaps in your medical records or treatment timeline.
- Loss of crucial evidence: As time passes, witnesses forget, photos get lost, and crucial details fade, making it much more challenging to prove your car accident case.
- Increased financial burden: Medical costs, car repairs, and lost wages will keep piling up. Filing late just means more out-of-pocket stress while you wait for relief.
- The longer you wait, the longer the payout delay: Delays in filing mean a longer wait for any potential payout, prolonging your financial and physical recovery.
- Difficulty proving long-term bodily injury effects: If you were injured, waiting to file a personal injury claim can make it harder for you (or your car accident lawyer, if you hired one) to connect the dots between your accident and the worsening long-term effects of your injuries.
How Long Does It Take to Get Settlement Money from a Car Accident in Texas?
Typically, settlements take about 6 to 9 months. However, the process can stretch to several years in a complex Texas car accident case, especially one involving severe injuries or disputed liability.
Additionally, settlements may be delayed when:
- Insurers question injury severity and costs, nitpicking every expense and downplaying the impact of your injuries.
- Fault is disputed, turning the blame game into a time-consuming back-and-forth.
- Multiple parties are involved, making negotiations complex and lengthy.
- There are gaps in medical treatment, making it harder for your car accident lawyer to show the full impact of your injuries and delaying evaluations.
- Insurance coverage is unclear or disputed, creating obstacles and additional questions around liability.
- Adjusters propose lowball settlement offers, dragging out negotiations as you and your car accident lawyer fight for what’s fair.
Waiting for settlement money can take time, but working with No Bull Law ensures you’re not wasting any of it.
Here’s why:
Why You Should Work with No Bull Law After a Car Accident in Texas
Navigating a car accident claim isn’t as simple as filing paperwork — it’s a maze of deadlines, evidence, and tough negotiations.
Fortunately, No Bull Law can help you simplify the process and fight for your desired case results. Here’s how:
- Strategic Guidance for Timely Claims: No Bull Law provides expert guidance to help you navigate Texas’s legal system, ensuring you meet all deadlines, including the Texas car accident statute of limitations.
- Protection from Insurer Tactics: We deal directly with insurance companies, so you don’t have to. We’ll provide legal advice and fend off lowball offers and pressure tactics that often surface when deadlines loom.
- Maximized Claim Values: Our seasoned attorneys dig deep into every detail — medical bills, lost wages, and pain and suffering — to fight for the highest payout possible. A 2014 study shows that plaintiffs working with a personal injury law firm score 3 to 3.5 times higher in compensation. Let’s make sure you’re one of them.
- No Upfront Costs: With No Bull Law’s “no fee, ‘less we win” policy, you don’t pay any attorney fees upfront. We only get paid when you do!
- We’ve Got Your Back in Court: If a fair settlement isn’t on the table, we’ve got you covered. Our attorneys will step in, represent you in court, and make sure we meet all deadlines while fighting to protect your rights.
To get started, you can book a free consultation with us so we can go through your case.
3 FAQs on Car Accident Claims
Here are the answers to three common questions related to car accident claims:
1. What Are Some Common Car Accident Injuries?
Common car accident injuries include:
- Whiplash and neck strain
- Concussions and traumatic brain injury (TBI)
- Broken bones and fractures
- Soft tissue injuries like sprains and strains
- Internal injuries, such as organ damage or internal bleeding
- Back and spinal cord injuries, which may result in chronic pain or paralysis
2. How Is Compensation Calculated in a Car Accident Claim?
Compensation is calculated based on economic (tangible) and non-economic (intangible) damages unique to your Texas car accident case:
- Economic damages cover obvious, verifiable costs like medical bills, property repairs, out-of-pocket expenses, and lost wages.
- Non-economic damages address subjective losses, such as pain, emotional distress, and impact on quality of life. Attorneys often use a "multiplier method," multiplying economic damages by a factor (usually between 1.5 and 3). For example, if economic damages are $25,000, a multiplier of 2 could bring $50,000 in non-economic damages, totaling $75,000.
3. What is the Average Settlement for a Car Accident with Bodily Injury in Texas?
Settlements vary widely, but typically:
- Minor injuries, such as whiplash or minor bruising, often range from $10,000–$25,000.
- Moderate injuries, like fractures requiring substantial care, can range from $50,000–$175,000.
- Catastrophic injuries, including a traumatic brain injury or paralysis, typically exceed $100,000 and can reach $1 million or more.
We Take the Bull by the Horns for the Best Case Results
Time flies after a car accident, but the pain, stress, and financial burdens tend to linger.
Additionally, with multiple (sometimes subjective) deadlines and tricky exceptions, the clock is already working against you — but it doesn’t have to.
At No Bull Law, we don’t believe in wasting time — or words. We’re here to help every car accident victim navigate deadlines, address complex challenges, and secure the compensation they deserve, all without the legal runaround.
Don’t let the clock run out on your claim.
Contact No Bull Law today for a free consultation, and let us fight for the results you deserve.
