# Tolling

> Tolling pauses the clock on the deadline to sue, for example while the injured person is a child. How tolling works after a crash and why it is narrow.

Canonical page: https://accidentclaimfacts.com/glossary/tolling/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

Tolling means pausing the clock on a legal deadline, most often the statute of limitations for filing a lawsuit. While the clock is tolled, time does not count against the deadline. When the reason for tolling ends, the clock starts running again.

## In a car accident claim

Tolling usually depends on something about the injured person or the defendant. The most common example is age. Texas law says: A person younger than 18 is under a legal disability; if the disability exists when the claim accrues, the time until the child turns 18 is not counted in the limitations period. So a child hurt in a crash there generally has until some time after turning 18 to sue in their own name.

Other grounds can include a legal disability of the injured person or, in some states, the defendant being out of the state. Cornell's legal dictionary also mentions tolling while the parties negotiate in good faith, but that usually needs an agreement: talks with an insurer do not pause the clock on their own.

Tolling rules are narrow and differ from state to state, so they are a poor thing to rely on without checking. The [state guides](https://accidentclaimfacts.com/location/), including [Texas](https://accidentclaimfacts.com/location/texas/), list each state's deadlines, and the [deadline lookup](https://accidentclaimfacts.com/tools/) shows the basic periods.

## Example

> **Example:** A 12-year-old passenger is injured in a crash in Texas. Because the time while the child is under 18 is not counted, the Texas deadline of 2 years for the child's own claim generally starts running on the child's 18th birthday.

## Related terms

- [Statute of limitations](https://accidentclaimfacts.com/glossary/statute-of-limitations/)
- [Guardian ad litem](https://accidentclaimfacts.com/glossary/guardian-ad-litem/)
- [Notice of claim](https://accidentclaimfacts.com/glossary/notice-of-claim/)

## FAQ

### Does negotiating with the insurance company toll the deadline?

Generally, no. Insurance talks do not stop the statute of limitations. Some parties sign a written tolling agreement, but without one the clock keeps running.

### Does tolling apply to claims against the government?

Not always in the same way. Government claims often have their own short notice deadlines, and the tolling rules for them may differ.

## Sources

- [Cornell Law School, Legal Information Institute, Toll](https://www.law.cornell.edu/wex/toll) — tolling a time period set by a statute of limitations
- [Texas Legislature, Civil Practice and Remedies Code § 16.001](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm), checked October 29, 2026