What Are the Legal Deadlines for Filing a Car Accident Claim in Texas?

If you've been in a car accident, you only have a certain amount of time to file a claim in Texas. While the law allows you a couple of years to bring a lawsuit, that time can pass a lot more quickly than you might think as you deal with recovery. Always talk to an accident attorney in San Antonio, TX as soon as possible after an accident.

From an Accident Attorney in San Antonio, TX: Legal Deadline to Know

Statute of Limitations

First, let's talk about the statute of limitations for personal injury claims in Texas. Generally, the law gives you two years from the date of the car accident to file a personal injury lawsuit. This two-year window applies to claims where you seek compensation for injuries or damages caused by the accident, but be aware that if you miss this deadline, you could lose your right to pursue legal action, and it's essential to stay on top of things.

For property damage claims, such as damage to your vehicle, the statute of limitations is also two years. Within that time, you can file a lawsuit to recover the costs of repairing or replacing your damaged vehicle, and, again, if you miss the deadline you can't recover anything, even if the evidence against the other driver is extensive and crystal clear. Click here to talk to an experienced accident attorney in San Antonio and get on it.

Insurance Claims

In some cases, you might want or need to file a claim with your own insurance company rather than pursuing a lawsuit. Insurance policies have their own deadlines for filing claims, and these can be much shorter than the two-year statute of limitations.

Your policy might require you to report the accident within a few days or weeks, so it's important to review your insurance policy or speak with your insurance adjuster as soon as possible after an accident, just so you're aware of the specific deadlines.

Wrongful Death

For cases involving wrongful death claims, where your loved one has died in a car accident, Texas law also gives you two years from the date of death to file a wrongful death lawsuit.

Exceptions

While the statute of limitations is generally two years, there are some exceptions that could shorten or extend this deadline. For instance, if the injured party is a minor, the clock on the statute of limitations can be tolled until they turn 18. Similarly, if the at-fault driver is a government employee or entity, you have a lot shorter time to bring a claim, and you must talk with a lawyer as soon as you're physically able to do so.

Remember, missing a deadline can have serious consequences. It's not just about losing the opportunity to file a lawsuit: missing deadlines can also mean you can't recover compensation through insurance or other legal channels. It's also hard to predict if you might be eligible for an exception to the rule, and only a skilled lawyer can tell you for sure.

If you've been in an accident, remember that the clock is ticking. Talk to your lawyer as quickly as possible to ensure you don't miss anything that you're owed.