Texas Car Accident Statute of Limitations (2026)
Car accident claims · Deadlines to file
Written by
Settlement Scout editorial team
Checked against
official sources, linked
Key takeaways
General information, not legal advice. Texas gives you 2 years to file a car accident lawsuit for injury or vehicle damage, under Tex. Civ. Prac. & Rem. Code §16.003(a). If a government vehicle was involved, you usually have to notify the government body within 6 months, and a city can set a shorter period. Your deadline can be shorter or longer depending on the facts: minors, a government defendant, the discovery rule, and other tolling rules. Confirm it with a licensed attorney in Texas.
On this page
This guide, at a glance
The general rule: 2 years
Government vehicles: 6 months' notice
Texas's 51% fault bar
How we checked this guide
We wrote this from the 3 sources listed under “Article sources” below, and last reviewed it on Sep 27, 2026. Where we could not confirm a figure against an official source, the page says so.
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The general rule: 2 years
Section 16.003(a) of the Texas Civil Practice and Remedies Code says a person must bring suit "for trespass for injury to the estate or to the property of another" and for "personal injury" "not later than two years after the day the cause of action accrues." For a car accident, that is usually the day of the crash, and the same 2 years covers both your injuries and damage to your car.
Government vehicles: 6 months' notice
If a city bus, police car, county truck or state vehicle was involved, the Texas Tort Claims Act entitles the government body to notice of the claim "not later than six months after the day that the incident giving rise to the claim occurred" (§101.101(a)). The notice must describe the damage or injury, the time and place of the incident, and the incident itself.
Two details matter:
- Cities can be stricter. §101.101(b) keeps city charter and ordinance notice provisions in force, so a Texas city can require notice sooner than 6 months. Check the city's charter.
- Actual notice can count. §101.101(c) says the notice requirement does not apply if the government body already had actual notice of the injury or damage. Don't rely on that without advice.
Texas's 51% fault bar
Under §33.001, "a claimant may not recover damages if his percentage of responsibility is greater than 50 percent." At 50% or less, you can still recover, reduced by your share of fault. At 51% or more, you recover nothing.
Minors and other tolling
Texas treats a person "younger than 18 years of age" as under a legal disability for limitation purposes (§16.001), which can pause the clock for an injured child. Other rules, such as the discovery rule, can also move the start date in narrow cases. None of these should be assumed without checking your facts with a Texas attorney.
Quick reference
| Situation | Deadline | Statute | Last checked |
|---|---|---|---|
| Injury claim against a private driver | 2 years from the day the claim accrues | Tex. Civ. Prac. & Rem. Code §16.003(a) | 2026-09-27 |
| Vehicle or property damage | 2 years from the day the claim accrues | Tex. Civ. Prac. & Rem. Code §16.003(a) | 2026-09-27 |
| Claim against a government body | 6 months to give notice (a city charter can set less) | Tex. Civ. Prac. & Rem. Code §101.101 | 2026-09-27 |
| Your share of fault | Recovery barred above 50%; reduced at 50% or less | Tex. Civ. Prac. & Rem. Code §33.001 | 2026-09-27 |
See every state's deadline on our car accident claim deadline by state page.
Wondering if you still have time to file? Check my claim, free
Settlement Scout is not a law firm, and this page is general information, not legal advice. Confirm your deadline with a licensed attorney in Texas.
Frequently asked questions
How long do I have to file a car accident lawsuit in Texas?
Generally 2 years from the day the claim accrues, usually the day of the crash. Tex. Civ. Prac. & Rem. Code §16.003(a) requires suit for personal injury, and for injury to property, 'not later than two years after the day the cause of action accrues.' The facts of your case can change this, so confirm it with a licensed Texas attorney.
What if a city, county or state vehicle hit me?
Texas requires you to give the government body notice of the claim within 6 months of the incident (Tex. Civ. Prac. & Rem. Code §101.101(a)). Section 101.101(b) keeps city charter and ordinance notice periods in force, so a city's deadline can be shorter than 6 months. Treat this as urgent and check the city charter or ask a Texas attorney.
Does Texas reduce my recovery if I was partly at fault?
Yes. Under Tex. Civ. Prac. & Rem. Code §33.001, 'a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.' At 50% or less, your damages are reduced by your share of fault.
What if the injured person was a minor?
Texas treats a person younger than 18 as under a 'legal disability' for limitation purposes (Tex. Civ. Prac. & Rem. Code §16.001), which can pause the 2-year clock. How that tolling applies, and whether it reaches a government notice deadline, depends on the facts. Confirm with a licensed Texas attorney.
Does settling with an insurance company pause the Texas deadline?
No. Ongoing claim negotiations do not pause the statute of limitations.
About the authors
Settlement Scout editorial team
We write from official sources (state agencies, legislatures and insurers' own pages) and link each one. We are not a law firm and this is not legal advice.
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