According to Sec. 16.003 of Texas’ statute of limitation on negligence and personal injury:
“A person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury… not later than two years after the day of the cause of actions accrues.”
In other words, you have two years to file a personal injury claim after a car accident in Texas. The time to file begins the day the accident took place. It includes all injuries related to the accident, whether it be a car accident, motorcycle accident, truck accident, bicycle accident, or pedestrian accident. Even if there were no injuries and only property damage occurred, the two-year limit still stands. The exception to the rule is if the person is a minor.
The statute of limitations applies to all personal injury claims, from slip-and-falls to car accidents to even dog bites. Texas is strict on its statute of limitations and there are rarely any exceptions to the rule.
It is important to file within the two-year mark due to affirmative defense. This means the statute of limitations only applies if the party being sued asserts it. If you do file a claim after the statute of limitations, the defense party will argue that your claim is barred since you waited until after the two-year limit. Additionally, the defense can file a motion to have your case dismissed. The courts may grant this motion, since you failed to timely pursue your claims. It is also important to note that to file an uninsured or underinsured motorist claim is 4 years because this claim is a breach of contract claim.