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Statute of Limitations for Car Accidents

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Statute Of Limitations For Car AccidentsStatute Of Limitations For Car Accidents

You may be entitled to compensation if you sustained an injury in a car accident caused by someone else’s fault. The right to compensation gives the injured victims the necessary resources to recover from injury-related losses.

However, you have a limited time to file a compensation following a car accident. In Texas, the statute of limitations in personal injury claims, including car accidents, is two years from the date of the incident.

Statute of Limitations for Car Accidents: If you fail to file a claim within two years, you may lose your right to obtain compensation for your injuries. The restrictions related to the statute of limitations necessitate swift actions when pursuing a car accident claim.

Consider asking a trusted Austin car accident attorney in Austin for legal support when filing a car accident claim.

Exceptions to the Two-Year Statute of Limitations for Car Accidents in Texas

Texas has a few exceptions to the statute of limitations.

Here are a few circumstances where a victim gets additional time to file a car accident claim:

Discovery Rule

The discovery rule provides that the statute of limitations doesn’t begin to run until the injured victim knows or should reasonably know about the injury, harm, or damage caused by the car accident.

The discovery rule primarily applies in cases where an injury becomes apparent a while after an accident. While some symptoms of most injuries occur immediately after an accident, some signs develop weeks or months after.


If the injured victim was a minor at the time of the car accident, the two-year period doesn’t begin to run until they turn 18 years old.

Moving Out-Of-State

If the at-fault party leaves Texas for a specific period, the statute of limitations period pauses. The clock only continues running once the at-fault party returns to the state.

Unsound Mind

A car accident can make a victim mentally incapacitated or inflict mental health problems, making them unfit to file the claim. In such a case, the court may extend the deadline to allow the victim time to regain their mental faculties.

How Long After a Car Accident Can You File a Claim?

The Texas law requires drivers in a car accident to report the incident to the local police department or the sheriff’s office if it resulted in injury, death, or over $1,000 in property damage.

In addition, the insurance provider requires you to contact them within a reasonable time after the accident, as specified in the policy. If you fail to report the car accident as required in the policy, you may lose the right to obtain compensation from the insurer.

Contact an Experienced Austin Car Accident Attorney to Discover Your Options

Suppose you’ve sustained a broken leg in a car accident caused by someone else’s fault. In that case, you may endure a worsened quality of life due to lost productivity, hefty medical bills, and pain and suffering.

You deserve representation from legal professionals like TK Injury Lawyerswho have over 70 years of combined legal experience to enhance your chances of success.

Contact us online for a free consultation.

Trent Kelly

Trent Kelly obtained his law degree from the University of Arkansas in 2007. He is licensed to practice law in Texas and regularly assists clients with their legal matters. Trent’s practice is primarily focused on personal injury matters – particularly those involving motor vehicles (such as cars, commercial trucks, 18-wheelers, and motorcycles) and wrongful death – but he also handles various business litigation matters as well. Click here to take a look at some complex cases Trent has resolved.

Years of experience: +15 years
Location: Austin, TX