Texas Car Accident Statute of Limitations: What You Need to Know

In Texas, you have two years from the date of a car accident to file a personal injury lawsuit in court. This deadline is set by Tex. Civ. Prac. & Rem. Code § 16.003, and it is one of the most important rules in Texas personal injury law. If you miss it, you almost certainly lose your legal right to recover any compensation — regardless of how serious your injuries are or how clearly the other driver was at fault.

Chris Sanchez is a personal injury attorney at The Relentless Lawyer, serving McAllen, Edinburg, Pharr, Mission, and the Rio Grande Valley, Texas.

The Two-Year Rule Under Texas Law

Tex. Civ. Prac. & Rem. Code § 16.003(a) states that a person must bring a personal injury action not later than two years after the day the cause of action accrues. In most car accident cases, the cause of action accrues on the date of the crash itself. That means your two-year clock starts ticking the day the collision happens — not the day you finish treating, not the day the insurance company denies your claim, and not the day you decide you want to pursue litigation.

Two years sounds like a long time. It is not. Between treating for injuries, dealing with insurance adjusters, and returning to normal life, months pass quickly. By the time many crash victims consider hiring an attorney, they are already halfway through the limitations period — and the evidence that would have supported their case has started to disappear.

What Happens If You Miss the Statute of Limitations?

If you file a lawsuit after the two-year deadline has expired, the defendant will almost certainly file a motion to dismiss based on limitations. Texas courts grant these motions routinely. Your case will be dismissed, and you will be left with no legal remedy — even if the other driver ran a red light, was drunk, and caused you a permanent injury. No amount of compelling evidence can save a case once the statute of limitations has run.

This outcome is not theoretical. It happens to real people who waited too long, assumed the insurance company was handling things, or did not realize that an insurance negotiation and a court filing are two entirely different things. Negotiating with an adjuster does not stop the limitations clock.

Exceptions to the Two-Year Deadline

Texas law recognizes a limited number of situations in which the statute of limitations may be extended or paused. These are narrow exceptions, not loopholes, and they require specific facts to apply.

Minors

Under Tex. Civ. Prac. & Rem. Code § 16.001, if the injured person is a minor at the time of the crash, the two-year limitations period does not begin until they turn 18. A child injured in a car accident therefore has until their 20th birthday to file. However, a parent or guardian can — and often should — file on the child’s behalf sooner to preserve evidence and protect the claim while memories and records are fresh.

The Discovery Rule

In some cases, an injury is not immediately apparent. The discovery rule can delay the start of the limitations period until the injured person knew or reasonably should have known that they had suffered an injury caused by someone else’s conduct. This rule is most commonly applied in cases involving latent injuries or situations where the cause of the harm was concealed. Courts apply the discovery rule narrowly in car accident cases, because the collision itself is typically obvious even when the full extent of injuries is not yet clear.

Legal Disability

If the injured person is of unsound mind at the time of the accident — for example, incapacitated by a traumatic brain injury sustained in the crash — the limitations period may be tolled during the period of incapacity under Tex. Civ. Prac. & Rem. Code § 16.001(a).

Claims Against Government Entities

If your accident was caused in whole or in part by a government entity — a city vehicle, a TxDOT road defect, or a traffic signal malfunction — the timeline is actually shorter and more complicated, not longer. Under the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code § 101.101), you may be required to provide formal written notice to the government entity within six months of the incident. Missing this notice requirement can bar your claim entirely, separate from the standard two-year limitations period. If a government vehicle or road condition was involved in your McAllen crash, contact an attorney immediately.

Fraudulent Concealment

If the defendant actively concealed facts that prevented you from discovering your cause of action, a court may toll the limitations period until you discovered — or should have discovered — the concealment. This doctrine requires clear evidence of intentional misconduct and is rarely applied in standard car accident cases.

Why Acting Fast Protects Your Case — Even Before the Deadline

The statute of limitations sets the outer boundary, but waiting until the last minute is a serious mistake. Here is why acting early matters:

Surveillance footage: Businesses near crash sites on US-83, Business 83, or Nolana Avenue typically overwrite their video within 30 to 90 days. Once it is gone, it cannot be recovered.
Witness memory: Eyewitnesses forget details, move away, or become difficult to locate. A statement taken two weeks after a crash is far more reliable than one taken two years later.
Medical records and causation: A gap between the accident and your first medical treatment gives insurance companies ammunition to argue your injuries were caused by something else. Immediate medical attention documents the connection.
Vehicle inspection: Damaged vehicles are repaired or scrapped. The physical evidence of a collision — crush depth, point of impact, airbag deployment data — can be critical in disputed liability cases.
Insurance investigation: The at-fault driver’s insurer is investigating your claim from day one. You should have legal representation doing the same.

Property Damage Claims Have the Same Deadline

The two-year statute of limitations under § 16.003 also applies to property damage claims arising from a car accident. If you only filed a personal injury claim and forgot about your totaled vehicle, or vice versa, you need to address both within the same two-year window.

Wrongful Death Claims: Also Two Years

If a family member died as a result of a car accident in Texas, the wrongful death statute under Tex. Civ. Prac. & Rem. Code § 16.003 similarly allows two years from the date of death to file. Surviving spouses, children, and parents of the deceased are eligible to bring a wrongful death claim. A separate survival action — which belongs to the deceased’s estate — follows the same deadline.

What to Do Right Now If You Were in a McAllen Car Crash

Seek medical treatment immediately, even if you feel “okay” — adrenaline masks pain
Obtain the Texas Peace Officer’s Crash Report from the McAllen Police Department or TxDOT
Photograph the scene, your vehicle, other vehicles, road conditions, and any visible injuries
Do not give a recorded statement to any insurance adjuster before consulting an attorney
Write down everything you remember about the crash while your memory is fresh
Contact a McAllen personal injury attorney as soon as possible to protect your rights

For a free consultation, contact Chris Sanchez at The Relentless Lawyer at therelentlesslawyer.com or call our McAllen office.

Frequently Asked Questions

Does the two-year clock start on the crash date or when I found out about my injuries?

In most car accident cases, the clock starts on the date of the crash under Tex. Civ. Prac. & Rem. Code § 16.003. The discovery rule — which delays the start until you knew or should have known about the injury — is applied narrowly to car accidents because the event itself is obvious. If you believe a latent injury was not immediately apparent, discuss this with an attorney right away.

Does negotiating with an insurance company pause the statute of limitations?

No. Negotiating with an insurance adjuster, exchanging demand letters, or being told a claim is “under review” does nothing to stop the two-year clock. The only way to preserve your right to sue is to file the lawsuit in court before the deadline.

What if the at-fault driver was uninsured and I am filing with my own insurer?

The two-year statute of limitations still applies to a civil lawsuit. Your UM/UIM claim against your own insurer may also be subject to contractual deadlines in your policy that are separate from the statutory period. Review your policy and consult an attorney to understand both timelines.

My child was hurt in a car accident in McAllen — how long do we have?

Under Tex. Civ. Prac. & Rem. Code § 16.001, the limitations period for a minor does not begin until their 18th birthday, giving them until age 20 to file. However, waiting that long is rarely advisable — evidence disappears and memories fade. Filing sooner protects the claim.

What if a city bus or government vehicle caused my accident in McAllen?

Claims against governmental entities are governed by the Texas Tort Claims Act, which requires written notice within six months of the incident (Tex. Civ. Prac. & Rem. Code § 101.101). This is shorter than the general two-year period and is a strict requirement. Contact an attorney immediately if a government vehicle was involved.

If I was in a hit-and-run, does the statute of limitations still apply?

Yes. The two-year deadline applies to any personal injury claim arising from a car accident, including hit-and-runs. In a hit-and-run scenario, you may pursue a claim through your own uninsured motorist (UM) coverage. Your insurer’s policy may include its own reporting and notice requirements, which can be triggered much earlier than two years.

Can an attorney still help me if my accident was 18 months ago?

Yes — but you need to act now. With six months remaining on your limitations period, there is still time to investigate, file, and build your case. The risk is not just missing the deadline; it is that the evidence you need may already be partially degraded. Contact an attorney immediately so a preservation strategy can be put in place.