Texas has specific laws that directly affect the value of your car accident claim and your deadline to file. Understanding them before you speak with any insurance company is critical.
Statute of Limitations
Texas statute of limitations for car accident claims: 2 years from the date of the accident (Tex. Civ. Prac. & Rem. Code § 16.003). Missing this deadline permanently bars your claim regardless of how serious your injuries are.
Texas follows a modified comparative fault system with a 51% bar (Tex. Civ. Prac. & Rem. Code § 33.001). You can recover damages as long as you are found to be 50% or less at fault. However if you are found 51% or more at fault, you recover nothing. Insurance adjusters in Texas are trained to push your fault percentage above 50% — this is why what you say at the scene matters enormously.
Texas-Specific Tip
Texas does not require Personal Injury Protection (PIP) coverage but insurers must offer it — drivers must reject it in writing. If you have PIP, it pays your medical bills regardless of fault. Always check whether your own policy includes PIP before relying solely on the at-fault driver's liability insurance.
📊 Texas consistently ranks among the top 5 states for fatal car accidents. In 2022, there was a fatal crash on Texas roads every 1 hour 57 minutes.
Call 911 — a police report is required for insurance claims involving injury in Texas
Texas law requires you to remain at the scene until police arrive if there is injury or death (Tex. Transp. Code § 550.021)
Exchange insurance, license, and vehicle registration information with all drivers
Photograph all vehicles, license plates, road conditions, traffic signals, and skid marks
Get contact information for all witnesses before anyone leaves the scene
Seek medical attention within 24 hours — even if you feel fine. Adrenaline masks pain
Do NOT admit fault or apologize — any statement can be used to push your fault above 51%
Report the accident to your own insurer but do not give a recorded statement to the other driver's insurer without an attorney
Contact a Texas personal injury attorney before accepting any settlement offer
2 years from the date of the accident under Tex. Civ. Prac. & Rem. Code § 16.003. If you miss this deadline your claim is permanently barred. However if the at-fault driver was a government employee or driving a government vehicle, you may have as little as 6 months to file a formal notice of claim.
Texas requires minimum liability coverage of 30/60/25 — $30,000 per person, $60,000 per accident for bodily injury, and $25,000 for property damage. However these minimums are frequently insufficient for serious injuries. Texas insurers are also required to offer Personal Injury Protection (PIP) and Uninsured/Underinsured Motorist coverage — check your policy.
Texas has a significant uninsured driver problem — approximately 1 in 8 Texas drivers carries no insurance. If you were hit by an uninsured driver, your own Uninsured Motorist (UM) coverage pays your damages. Always carry UM coverage in Texas. A personal injury attorney can help you pursue all available coverage sources.
Texas car accident settlements depend on injury severity, medical costs, lost wages, and strength of liability. Minor injury cases may settle for $10,000-$50,000. Serious injury cases frequently settle for $100,000 to over $1 million. Texas juries in counties like Harris, Dallas, and Travis have historically awarded significant verdicts in serious injury cases.
Yes — as long as you were 50% or less at fault. Under Texas modified comparative fault, your recovery is reduced by your percentage of fault. If you were 30% at fault and your damages are $100,000, you recover $70,000. But if you were 51% or more at fault, you recover nothing.
No upfront cost. Contingency fees — you only pay if you win.
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