# How Long Do I Have to File a Car Accident Claim in Texas? | Attorney Brian White **Table of Contents***[*Expand*]* 1. Texas Statute of Limitations for Car Accident Claims 2. Tolling the Statute of Limitation for Car Accident Claims in Texas 3. Car Accident Claims Against Government Entities 4. Benefits of Seeking Prompt Legal Advice After a Houston Car Accident  5. Contact the Houston Car Accident Lawyers at Attorney Brian White Personal Injury Lawyers For Help ![How Long Do I Have to File a Car Accident Claim in Texas?](https://attorneybrianwhite.com/wp-content/uploads/2022/09/How-Long-Do-I-Have-to-File-a-Car-Accident-Claim-in-Texas-300x200.jpg) Each year, thousands of people are seriously injured in [motor vehicle accidents](https://www.txdot.gov/data-maps/crash-reports-records/motor-vehicle-crash-statistics.html) throughout Texas. Generally, injured victims have up to two years to file a personal injury lawsuit seeking compensation for their damages. However, there are exceptions to the rule for how long you have to file a car accident claim in Texas. ## Texas Statute of Limitations for Car Accident Claims The [statute of limitations](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm) for most car accident claims in Texas is two years from the accident date. If you do not [file the lawsuit](https://attorneybrianwhite.com/faqs/what-are-the-steps-to-filing-a-personal-injury-lawsuit/) before the deadline expires, the court dismisses the lawsuit as a time-barred action.  The state of limitations begins on the date of the car crash. It does not begin from the date an insurance company denies your claim. Therefore, it is wise to talk with a [car accident](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/) lawyer if an insurance company refuses to process your [insurance claim](https://attorneybrianwhite.com/resources/do-i-need-a-personal-injury-lawyer-if-im-submitting-a-claim-to-insurance/) or delays your claim.  The statute of limitations goes by a calendar year. Therefore, the deadline to file a lawsuit is the same date two years following the accident, regardless of whether the period includes a leap year. However, if the date falls on a weekend or holiday, you have until the following business day to file the lawsuit.  There is an exception to the general rule. If the car accident causes a [wrongful death](https://attorneybrianwhite.com/houston-tx/wrongful-death-lawyer/), the deadline for filing a lawsuit begins on the date the person dies, which may or may not be the same date as the crash. For a legal consultation call [(713) 500-5000](tel:+17135005000) ## Tolling the Statute of Limitation for Car Accident Claims in Texas There could be cases where the deadline to file a car accident claim is tolled or paused. Reasons the statute of limitations could be paused include: ### Minors Minors do not have the capacity to file a lawsuit on their own behalf. Therefore, if the accident victim is under 18 years old, the statute of limitations is paused until their 18th birthday. The minor would have two years from their 18th birthday to file the lawsuit. However, that does not prevent a parent or legal guardian from filing a claim or a lawsuit on the [child’s behalf](https://attorneybrianwhite.com/resources/can-i-bring-a-personal-injury-claim-on-behalf-of-a-child/) before they are 18 years old. ### Death of the At-Fault Party If the person who caused the car crash dies before a lawsuit is filed, the statute of limitations is paused for one year or until a personal representative is appointed for the person’s estate. ### Mental Disability  As long as a person is mentally disabled, the deadline to file a claim does not apply. However, the person must have been mentally disabled before the car crash. If the car accident caused the disability, the two-year deadline to file a claim applies. ### Leaving Texas If the person who caused the car accident leaves Texas, the statute of limitation pauses while the person remains out of the state. ## Car Accident Claims Against Government Entities It is important to note that the deadline for filing claims against a government entity for a car accident is shorter. The [Texas Tort Claims](https://attorneybrianwhite.com/faqs/what-is-a-tort-claim-in-texas/) Act requires you to provide notice of your claim to the correct government entity within six months from the accident date. Failing to provide proper notice could prevent you from pursuing a claim or lawsuit. Furthermore, some local governments have enacted much shorter deadlines for filing claims. For example, you have just 90 days to file a notice of claim in Houston if your car crash involves a municipal government entity.  You should immediately contact a Houston personal injury lawyer if your accident involves a government entity. Even if you believe the time to file a claim has passed, talk with a lawyer during a [free consultation](https://attorneybrianwhite.com/blog/how-to-approach-a-free-consultation-with-an-attorney/) to determine if there are circumstances that could have extended the time to file a [government tort claim](https://attorneybrianwhite.com/blog/government-tort-claims/). [Click to contact](/contact-us/) us today ## Benefits of Seeking Prompt Legal Advice After a Houston Car Accident  A lawyer calculates the deadline to file a car accident claim based on the facts of your case. Knowing the deadline for filing car accident claims is essential to protect your right to [compensation for damages](https://attorneybrianwhite.com/blog/types-of-damages-available-in-personal-injury-cases/). However, prompt action also helps you prove your case. [Evidence](https://attorneybrianwhite.com/blog/understanding-evidence-in-a-personal-injury-case/) can disappear or be destroyed the longer you wait to pursue a claim. You could lose valuable evidence needed to prove the other driver is [liable](https://attorneybrianwhite.com/faqs/whats-liability/) for damages.  Also, most claims for motor vehicle accidents [settle](https://attorneybrianwhite.com/faqs/how-long-does-a-personal-injury-lawsuit-take-to-settle/) without filing a lawsuit. Therefore, the sooner you contact a lawyer about your case, the sooner the attorney can begin negotiating a [settlement](https://attorneybrianwhite.com/faqs/how-long-does-it-take-to-get-a-personal-injury-settlement-check-in-houston-tx/) for your claim.  Rushing to settlement can reduce the amount of money you receive for your damages. By acting promptly to pursue your car accident claim, you have time to weigh all options and take steps to give you the best chance of receiving maximum compensation for your claim.  Complete a [Case Evaluation Form](/contact-us/) Now ## Contact the Houston Car Accident Lawyers at Attorney Brian White Personal Injury Lawyers For Help For more information, [contact](https://attorneybrianwhite.com/contact-us/) the[Houston](https://www.houstontx.gov/) brain injury law firm of Attorney Brian White Personal Injury Lawyers by calling [(713) 500-5000](tel:+17135005000). **Attorney Brian White Personal Injury Lawyers – Houston**[3120 Southwest Freeway, Suite 350, Houston, TX 77098](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+Houston/@29.7309684,-95.4262545,17z/data=!3m1!4b1!4m6!3m5!1s0x8640bf255e7aaf73:0x52064b120afa59fe!8m2!3d29.7309684!4d-95.4262545!16s%2Fg%2F1tfrxw9q?entry=tts/) **Attorney Brian White Personal Injury Lawyers – East Fwy**[11811 East Fwy, Suite 630-06, Houston, TX 77029](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+East+Fwy/@29.773407,-95.2301421,17z/data=!4m6!3m5!1s0x8640bd52b80b3fe3:0xb5804dd15c47b17b!8m2!3d29.773407!4d-95.2301421!16s%2Fg%2F11r10lsb0x?source=g.page.share&entry=tts/) **Attorney Brian White Personal Injury Lawyers – South Loop**[2600 S Loop W, Suite 293, Houston, TX 77054](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+South+Loop/@29.6785093,-95.4184191,16z/data=!3m1!4b1!4m6!3m5!1s0x8640c1c0e435eacd:0x81fd3c6eb30bc542!8m2!3d29.6785093!4d-95.4184191!16s%2Fg%2F11ry4wjwqr?cid=9366709246148461890&_ga=2.209939733.1628598219.1648478482-1081226185.1622227003&shorturl=1&entry=tts/) **Attorney Brian White Personal Injury Lawyers – Katy Freeway**[11511 Katy Fwy Suite 515, Houston, TX 77079](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+Katy+Freeway/@29.7836667,-95.5861677,15z/data=!4m6!3m5!1s0x8640dbd008653a11:0x9786540c9ab0bfd9!8m2!3d29.7836667!4d-95.5861677!16s%2Fg%2F11y3dw2v44?sa=X&ved=1t:2428&ictx=111&entry=tts/) **Attorney Brian White Personal Injury Lawyers** **– Clear Lake** [1300 Bay Area Blvd Suite B268, Houston, TX 77058](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+Clear+Lake/@29.5598212,-95.1152728,15z/data=!4m6!3m5!1s0x86409d1b345242c9:0x5895a119f6ed1d9!8m2!3d29.5598212!4d-95.1152728!16s%2Fg%2F11lf7xm8n8?sa=X&ved=1t:2428&ictx=111&coh=219816&entry=tts&g_ep=EgoyMDI0MDgxNC4xKgBIAVAD/) **Attorney Brian White Personal Injury Lawyers** **– The Woodlands** [1776 Woodstead Ct ste 203, The Woodlands, TX 77380](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+The+Woodlands/@30.1548897,-95.4639792,15z/data=!4m6!3m5!1s0x864737efe5a3cb73:0xff70634b80d03844!8m2!3d30.1548897!4d-95.4639792!16s%2Fg%2F11y98y92_f?sa=X&ved=1t:2428&ictx=111&entry=tts&g_ep=EgoyMDI0MTExOS4yIPu8ASoASAFQAw%3D%3D/) Call or Text [(713) 500-5000](tel:+17135005000) or Complete a [Case Evaluation Form](/contact-us/) Car Accidents Blog Posts: [![Window Tint Laws in Texas](https://attorneybrianwhite.com/wp-content/uploads/2022/08/Window-Tint-Laws-in-Texas-300x200.jpg)](https://attorneybrianwhite.com/blog/window-tint-laws-in-texas/) [Window Tint Laws in Texas](https://attorneybrianwhite.com/blog/window-tint-laws-in-texas/) Many vehicles on the road have some type of tint on the windows. Tinting vehicle windows helps protect them from heat [![What To Do if You Suffer from Whiplash Injuries After a Car Accident in Texas?](https://attorneybrianwhite.com/wp-content/uploads/2020/11/What-To-Do-if-You-Suffer-from-Whiplash-Injuries-After-a-Car-Accident-300x200.jpg)](https://attorneybrianwhite.com/blog/what-to-do-if-you-suffer-from-whiplash-injuries-after-a-car-accident/) [What to Do If You Suffer From Whiplash Injuries After a Car Accident](https://attorneybrianwhite.com/blog/what-to-do-if-you-suffer-from-whiplash-injuries-after-a-car-accident/) Whiplash is a commonly reported injury after car accidents. Symptoms may appear immediately after the accident, or [![Hit and Run Accidents in Texas: What Victims Need to Know](https://attorneybrianwhite.com/wp-content/uploads/2021/06/Hit-and-Run-Accidents-in-Texas-What-Victims-Need-to-Know-300x200.jpeg)](https://attorneybrianwhite.com/blog/hit-and-run-accidents-in-texas-what-victims-need-to-know/) [Hit-and-Run Accidents in Texas: What Victims Need to Know](https://attorneybrianwhite.com/blog/hit-and-run-accidents-in-texas-what-victims-need-to-know/) Hit and run accidents can cause debilitating injuries. Sadly, victims of hit-and-run crashes have the burden of [![Average Neck and Back Injury Results from Car Accidents](https://attorneybrianwhite.com/wp-content/uploads/2020/11/Man-with-whiplash-after-traffic-collision-455681155_1255x837-300x200.jpeg)](https://attorneybrianwhite.com/blog/average-neck-and-back-injury-results-from-car-accidents/) [Average Neck and Back Injury Results from Car Accidents](https://attorneybrianwhite.com/blog/average-neck-and-back-injury-results-from-car-accidents/) According to the Texas Department of Transportation, in 2019, someone was injured in a car accident every two minutes --- Source: https://attorneybrianwhite.com/faqs/how-long-do-i-have-to-file-a-car-accident-claim-in-texas/