Texas Civil Practice and Remedies Code §16.003 gives you two years from the date of the crash to file most auto accident lawsuits – personal injury, property damage, or wrongful death. After two years, the claim is permanently barred regardless of merit.
When the clock starts
Usually the date of the accident. For injuries that aren't immediately apparent, the discovery rule may extend the start date to when you knew (or reasonably should have known) of the injury.
Wrongful death
The two-year clock runs from the date of death, not the date of the crash. Texas allows surviving spouses, children, and parents to file.
Claims against a government entity
If a city, county, or state vehicle was involved, you must give written notice within six months (often 90 days for some El Paso entities – Texas Tort Claims Act §101.101). Miss the notice and you can't sue, even within the two-year window.
Minors and the disability tolling rule
If the injured person is under 18, the two-year clock starts on their 18th birthday.
Bad-faith and contract deadlines are different
A bad-faith or unfair-settlement claim against your own insurer runs two years under Insurance Code Chapter 541. A straight breach-of-contract claim on the policy itself runs four years. These are separate clocks from the two-year accident statute and are easy to miss.
Do not use the full two years
Evidence disappears, body shops purge records, witnesses move, and memories fade. Every month you wait weakens the claim even though the deadline has not passed. File early.
Insurance claim deadlines vs. lawsuit deadlines
Don't confuse statutes of limitation with insurer-imposed reporting windows. Your insurer often requires notice within 30 days or 'as soon as practical.' Late notice can void coverage.
Frequently asked questions
How long do I have to file a car accident lawsuit in Texas?
Two years from the date of the accident for most personal injury and property damage claims.
What if the at-fault driver was a city employee?
You must give written notice to the government entity within six months (or sooner per local rules) and still file suit within two years.
How long do I have for a bad-faith insurance lawsuit in Texas?
Two years for Insurance Code Chapter 541 violations, and four years for breach of the insurance contract itself.
Does the two-year deadline apply to insurance claims too?
No. Insurance claims have their own (typically shorter) reporting windows set by your policy.
El Paso research on this topic
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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.