Claims Resource Center

Statute of Limitations for Auto Insurance Claims in Texas

How long you have to file an auto claim or lawsuit in Texas, with all the key deadlines.

6 min read Updated June 1, 2026 Reviewed by Licensed Texas Insurance Agent

Texas has several different deadlines that apply to auto insurance claims and related lawsuits. Missing one of them can bar recovery entirely.

Insurance notice

'As soon as practicable' under your policy. Days, not weeks. Late notice can void coverage.

Property damage lawsuit

Two years from the date of the accident under Texas Civil Practice and Remedies Code §16.003.

Bodily injury lawsuit

Two years from the date of the accident.

Bad faith insurance claim

Two years for Chapter 541 violations; four years for breach of contract.

Wrongful death

Two years from the date of death.

Texas Tort Claims Act (governmental defendants)

Six-month written notice plus two-year suit deadline. Critical for school bus, EPISD vehicle, City of El Paso, and TxDOT cases.

Minors

Statutes generally toll until the child turns 18, then run two years.

Practical advice

Don't rely on the full statutory period. Evidence disappears, witnesses move, memories fade. File early.

Frequently asked questions

How long do I have to file an auto insurance claim in Texas?

Notice to your insurer should be immediate. The lawsuit statute of limitations is two years for property damage and bodily injury.

What if a government vehicle hit me?

Six-month notice deadline plus two-year suit deadline under the Texas Tort Claims Act.

Does the deadline pause for minors?

Generally yes — tolls until age 18, then runs two years.

How long for a bad-faith insurance lawsuit?

Two years for Chapter 541, four for breach of contract.

What if I miss the deadline?

Recovery is typically barred. Very narrow exceptions exist (fraudulent concealment, etc.).

This article is for general information only and is not legal or tax advice. For guidance specific to your situation, talk to a licensed Texas insurance agent. Ready to put it into practice? Get a free quote or request a policy review.

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