Texas accident claims: deadlines and fault rules
Last updated: November 10, 2026
In Texas, you generally have 2 years to bring an accident claim (Tex. Civ. Prac. & Rem. Code § 16.003). Texas is an at-fault state, if you are more than 50% at fault you recover nothing, and claims against a government need notice within 6 months.
The rules at a glance
| Topic | The rule and its source |
|---|---|
| Deadline for an accident claim | 2 years (Tex. Civ. Prac. & Rem. Code § 16.003) |
| Deadline for property damage | 2 years (Tex. Civ. Prac. & Rem. Code § 16.003) |
| Fault rule | Modified comparative fault: if you are more than 50% at fault, you recover nothing (Tex. Civ. Prac. & Rem. Code § 33.001) |
| No-fault or at-fault insurance | At-fault state: the at-fault driver's insurance pays |
| Claims against a government | Notice of a claim against a government within 6 months (Tex. Civ. Prac. & Rem. Code § 101.101) |
What this means for you
Plan on 2 years for both your accident claim and your property damage, and do not wait until the end.
In an at-fault state, you usually claim against the insurance of the driver who caused the crash. Your own policy may help too, depending on your coverage.
If you share the blame, what you recover is reduced by your share, and if you are more than 50% at fault you recover nothing.
Exceptions to know about
- Different rules can apply when the person with the claim is a minor. A lawyer can tell you how they apply.
- Claims against a government need notice within 6 months (Tex. Civ. Prac. & Rem. Code § 101.101), much sooner than the 2-year deadline.
- In some situations a deadline may be counted from when a harm was discovered rather than the day of the accident. Whether that can apply depends on the facts, so do not count on it.
Accident claims
- Car accident claims: what to do and who pays
- Truck accident claims: what to do and who pays
- Motorcycle accident claims: steps and who pays
- Rideshare accident claims: what to do, who pays
- Pedestrian accident claims: what to do, who pays
- Bicycle accident claims: what to do and who pays
- Slip and fall claims: what to do and who pays
- Dog bite claims: what to do and who pays
Frequently asked questions
How long do I have to bring an accident claim in Texas?
Generally 2 years, for the accident claim and for property damage (Tex. Civ. Prac. & Rem. Code § 16.003).
What if I was partly at fault?
Texas uses modified comparative fault: what you recover is reduced by your share, and if you are more than 50% at fault you recover nothing (Tex. Civ. Prac. & Rem. Code § 33.001).
Do I need a lawyer?
You do not have to hire one, but a lawyer can deal with the insurers, keep track of the deadlines and tell you what your claim may be worth. Accident lawyers usually work on contingency, which means no fee unless they win; case costs may apply.
What if a government vehicle hit me?
You need to give notice of your claim within 6 months (Tex. Civ. Prac. & Rem. Code § 101.101). Talk to a lawyer early.
CaseHelp is not a law firm and does not give legal advice. This page is general information, not legal advice, and laws change. For advice about your own situation, talk to a licensed lawyer in your state.