# Texas car accident law: deadlines, fault and your claim

> Texas car accident claims: the 2-year statute of limitations, the 51% fault bar, government claim notices, insurance minimums and crash reports.

Canonical page: https://accidentclaimfacts.com/location/texas/  
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

In Texas you generally have 2 years from the crash to file a lawsuit for injuries or vehicle damage, and 2 years from the date of death for a wrongful death claim. Texas uses proportionate responsibility: your damages are cut by your share of fault, and you recover nothing if you were more than 50% responsible. Claims against a city, county or state agency need a written notice within 6 months, sometimes less.

## Key facts

| Fact | Detail |
|---|---|
| Injury lawsuit deadline | 2 years |
| Vehicle damage deadline | 2 years |
| Wrongful death deadline | 2 years, from the date of death |
| Fault rule | Modified comparative: barred above 50% |
| Notice to a government body | 6 months |
| Minimum liability insurance | $30,000 per person, $60,000 per crash, $25,000 property |
| Traffic deaths in Texas, 2025 | 3,769 people |
| State bar referral line | (800) 252-9690 |

## Filing deadlines in Texas

The Texas Civil Practice and Remedies Code sets a statute of limitations of 2 years for most car-crash lawsuits. The clock usually starts on the day of the crash.

| Claim | Deadline | Law |
|---|---|---|
| Personal injury | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003(a) |
| Damage to your vehicle or other property | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003(a) |
| Wrongful death | 2 years from the date of death | Tex. Civ. Prac. & Rem. Code § 16.003(b) |
| Claim against a government body | Written notice within 6 months | Tex. Civ. Prac. & Rem. Code § 101.101 |

Two exceptions come up often. For an injured child, Texas law treats being under 18 as a legal disability, so the time before the child turns 18 is not counted; this is a form of tolling. And for claims against a city, the city's own charter can set a shorter notice period, which Texas law expressly approves. Formal notice is not needed if the government already had actual notice of the injury or damage.

> **Warning:** Insurance talks do not pause any of these deadlines. If a claim is still open as the two-year mark approaches, a lawsuit may need to be filed to protect it.

## How fault is shared in Texas

Under Chapter 33 of the Civil Practice and Remedies Code, the jury assigns a percentage of responsibility to each person who caused the crash. Your damages are then reduced by your own percentage. If your share is greater than 50%, you recover nothing from the others.

> **Example:** A jury finds the other driver 80% responsible and you 20% responsible for running a yellow light. Your proven damages are reduced by 20%. Had the jury put your share at 51%, you would recover nothing.

Insurers apply the same rule in negotiations, which is why adjusters often argue about small details of a crash: every percentage point of fault moves the claim. Try the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=tx&fault=20#fault) to see how Texas compares with other states.

## Insurance you can expect in Texas

Texas drivers must carry liability insurance of at least $30,000 per person and $60,000 per crash for injuries, plus $25,000 for property damage. Texas is an at-fault state, with some first-party coverage added to every policy:

- **Personal injury protection.** Every Texas policy includes at least $2,500 of PIP per person unless the policyholder rejected it in writing. PIP pays medical bills and some lost income, whoever caused the crash.
- **Uninsured and underinsured motorist coverage.** It is part of every policy unless rejected in writing. The Insurance Information Institute estimates that 14.5% of Texas drivers were uninsured in 2023, which makes this coverage worth checking.

For claims on your own policy, the Texas Insurance Code sets deadlines: the insurer must acknowledge the claim and start its investigation within 15 days, decide within 15 business days after receiving everything it asked for, and pay within 5 business days after accepting the claim. These deadlines cover your own insurer, not the other driver's. If a covered claim is delayed for more than 60 days after the insurer has everything it needs, the statute adds extra damages. The Texas Department of Insurance help line is 800-252-3439.

## After a crash in Texas

The Texas Transportation Code puts three duties on every driver in a crash that hurts someone or damages a car:

1. **Stop and help.** Stop at the scene, check whether anyone needs aid, and give reasonable help, such as arranging transport for treatment.
2. **Exchange information.** Give your name and address, your vehicle's registration number and your liability insurer's name, and show your license if asked.
3. **Call the police.** If anyone is hurt or killed, or a car cannot be safely driven, notify the local police (in a city) or the sheriff's office (outside a city) right away.

An officer who investigates must file a written report when the crash causes injury, death or at least $1,000 of damage, within 10 days. Once TxDOT has received and processed it, you can buy the report, called the CR-3, through TxDOT's Crash Report Online Purchase System for $6, or $8 for a certified copy.

## Damages, caps and special rules

Texas does not have a general cap on pain-and-suffering damages in an ordinary car-crash case; the best-known caps apply to health care claims. Exemplary damages, Texas's term for punitive damages, are capped at the greater of two times economic damages plus up to $750,000 of non-economic damages, or $200,000. The cap does not apply in some criminal cases, including intoxication assault and intoxication manslaughter.

Claims against government bodies are limited by the Texas Tort Claims Act, which waives sovereign immunity for injuries caused by an employee's use of a motor vehicle, up to fixed amounts:

| Government body | Per person | Per occurrence | Property damage |
|---|---|---|---|
| State government | $250,000 | $500,000 | $100,000 |
| City (municipality) | $250,000 | $500,000 | $100,000 |
| Other local unit, such as a county or district | $100,000 | $300,000 | $100,000 |

If a drunk driver caused the crash, Texas's dram shop law can make the bar or store that served them liable, but only if it was apparent when they were served that they were obviously intoxicated to the point of being a clear danger. A business can avoid liability for an employee's sale if it required state-approved seller training, the employee attended, and the business did not encourage the violation.

Hospitals have a lien on your claim for emergency care if you were admitted within 72 hours of the crash. The lien can never be more than 50% of what you recover, so check every hospital bill before a settlement is paid out.

## Crashes on Texas roads

TxDOT's crash statistics for 2025 counted 3,769 deaths, 17,420 serious injuries and 244,534 injuries in all, across 538,860 reportable crashes. That is 1 person was killed every 2 hours 19 minutes.

> November 7, 2000 was the last day with no traffic death on Texas roads; at least one person has died every day since.

## Finding a lawyer in Texas

The State Bar of Texas runs a certified Lawyer Referral & Information Service (LRIS) at (800) 252-9690; Texas law does not let a lawyer referral service operate without a state certificate. The State Bar's service sends callers in Bexar, Dallas, Harris, Jefferson, Tarrant and Travis counties to their local certified services. Before you hire anyone, look the lawyer up in the State Bar's [Find a Lawyer directory](https://www.texasbar.com/AM/Template.cfm?Section=Find_A_Lawyer&Template=/CustomSource/MemberDirectory/Search_Form_Client_Main.cfm) to confirm the license and any public discipline. The Texas Board of Legal Specialization also certifies lawyers in [Personal Injury Trial Law](https://www.tbls.org/specialtyarea/PI); certification is optional, so many capable lawyers do not have it.

## FAQ

### What is the statute of limitations for a car accident in Texas?

Generally 2 years from the day of the crash for injuries and vehicle damage, and 2 years from the date of death for wrongful death. Claims against government bodies need a written notice within 6 months, or less if a city charter says so.

### Is Texas a no-fault state?

No. Texas is an at-fault state: the driver who caused the crash, through their insurer, pays for the losses. Every Texas policy includes personal injury protection unless you rejected it in writing, so your own policy may pay some medical bills first.

### Can I recover damages if I was partly at fault in Texas?

Yes, if your share of responsibility is 50% or less. Your damages are reduced by your percentage. At 51% or more, you recover nothing from the other drivers.

### How do I get a crash report in Texas?

Buy the officer's report (CR-3) through TxDOT's Crash Report Online Purchase System for $6, or $8 for a certified copy. Officers have 10 days to file it, and TxDOT then needs time to process it.

### Does Texas cap pain and suffering in car accident cases?

There is no general cap on non-economic damages in ordinary car-crash cases. Exemplary (punitive) damages are capped, and claims against government bodies are limited by the Texas Tort Claims Act.

### How do I check a Texas lawyer's license?

Search the State Bar of Texas Find a Lawyer directory, which lists every licensed attorney and any public disciplinary history. You can also call the State Bar's referral service at (800) 252-9690.

## Sources

- [Texas Legislature, Civil Practice and Remedies Code chapter 16](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm) — limitations periods and tolling for minors
- [Texas Legislature, Civil Practice and Remedies Code chapter 33](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm) — proportionate responsibility
- [Texas Legislature, Civil Practice and Remedies Code chapter 101](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm) — Texas Tort Claims Act
- [Texas Legislature, Transportation Code chapter 550](https://statutes.capitol.texas.gov/Docs/TN/htm/TN.550.htm) — duties after a crash and crash reports
- [Texas Department of Insurance, What to do after a wreck](https://tdi.texas.gov/tips/what-to-do-after-a-wreck.html)
- [TxDOT, Crash reports and records](https://www.txdot.gov/data-maps/crash-reports-records.html)
- [TxDOT, #EndTheStreakTX](https://www.txdot.gov/safety/traffic-safety-campaigns/endthestreaktx.html) — the last day without a traffic death
- [TxDOT, Texas Motor Vehicle Traffic Crash Facts Calendar Year 2025](https://www.txdot.gov/content/dam/docs/division/trf/crash-records/2025/2025-texas-motor-vehicle-traffic-crash-facts.pdf), checked October 29, 2026
- [State Bar of Texas, Lawyer Referral & Information Service](https://www.texasbar.com/Content/NavigationMenu/ForThePublic/DoYouNeedaLawyer/LawyerReferralServiceLRIS/default.htm), checked October 29, 2026
- [Texas Legislature, Insurance Code § 542.055(a)](https://statutes.capitol.texas.gov/Docs/IN/htm/IN.542.htm), checked October 29, 2026
- [Texas Legislature, Civil Practice and Remedies Code § 41.008(b)(1)(B)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm#41.008), checked October 29, 2026
- [Texas Legislature, Property Code § 55.002(a)](https://statutes.capitol.texas.gov/Docs/PR/htm/PR.55.htm), checked October 29, 2026
- [TxDOT, Rural and Urban Crashes and Injuries by Severity 2025](https://www.txdot.gov/content/dam/docs/division/trf/crash-records/2025/2025-rural-urban-crashes-injuries-severity.pdf), checked October 29, 2026
- [Texas Legislature, Insurance Code chapter 1952 (1952.101, 1952.152, 1952.153)](https://tcss.legis.texas.gov/resources/IN/htm/IN.1952.htm), checked October 28, 2026
- [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 28, 2026
- [Texas Department of Insurance, Auto insurance guide](https://www.tdi.texas.gov/pubs/consumer/cb020.html), checked December 11, 2025
- [Texas Department of Insurance, Get help with an auto insurance complaint](https://tdi.texas.gov/consumer/auto-insurance-complaint.html), checked April 24, 2025