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There is a time limit on injury claims in Texas, and the insurance company knows exactly when it runs out. Answer five questions and we will connect you, free, with an independent attorney licensed in Texas.
Limited
Time to file most injury claims in Texas. Miss it and the claim is gone
Shorter
Government vehicle and public entity claims run on their own, tighter clock
Varies
Coverage carried by the at-fault driver is often well below the real cost
Modified
Texas follows modified comparative negligence with a 51% bar
This page describes Texas law in general terms only. It is not legal advice, deadlines and rules change, and exceptions apply. Confirm anything affecting your own claim with an attorney licensed in Texas.
Texas applies modified comparative negligence with a 51% bar. Below that threshold your recovery is reduced by your share of the blame. At 51% it disappears entirely. That single cliff-edge is the reason insurers here invest so heavily in building a fault narrative early, and why the first recorded statement carries more weight than most people realise.
Minimum coverage is 30/60/25, higher than several neighbouring states, but still modest against a helicopter transport and a surgical admission in Houston or Dallas. Underinsured motorist coverage on your own policy is frequently what separates a covered claim from an uncovered one.
Texas has no damage cap in ordinary motor vehicle cases, though caps do apply in medical malpractice and in claims against governmental units. What a serious injury case is worth here depends far more on available coverage and the fault split than on any statutory ceiling.
Notice deadlines against cities are a trap. The Texas Tort Claims Act sets one period, but municipal charters can require notice far sooner, and several Texas cities do exactly that. A collision with a city vehicle in Houston does not run on the same clock as one in a small county, and the shorter deadline governs.
Commercial traffic shapes the caseload. The I-10, I-20 and I-35 corridors carry enormous freight volume, and the Permian Basin energy sector puts heavy trucks on rural two-lane roads that were never built for them. Those cases involve federal carrier regulation, multiple liable parties and evidence that is overwritten on a schedule.
Weather produces its own category. Hail and sudden Gulf storms cause chain-reaction collisions on high-speed corridors where a dozen drivers each blame the one behind, and sorting fault in a 51%-bar state becomes the entire case.
Each one is common, and each one is avoidable.
In Texas, crossing half the blame ends the claim completely. An offhand apology at the scene or a casual remark about being in a hurry can be used to build toward that threshold. Say what happened to the police, and nothing more to the other driver’s insurer.
The state tort claims notice period is not always the operative deadline. Individual Texas cities set their own, and some are dramatically shorter. People hit by a municipal vehicle often lose the claim before they knew a separate clock existed.
Carriers on I-35 and I-10 routinely have investigators at the scene within hours. Driver logs and electronic control module data can be lawfully overwritten before a private individual thinks to ask for them. A preservation letter needs to go out early.
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A firm deadline applies to most injury claims. Government claims run on a shorter one that varies by city, so the entity involved changes the timeline immediately.
We match you with an attorney licensed in Texas who handles your collision type — and in truck cases, one who has dealt with interstate carriers before.
The carrier’s calls go to your attorney. In a 51%-bar state, keeping you out of unscripted conversations is not caution, it is the case.
Valuation waits for the treatment picture. Texas juries and adjusters both respond to documented care rather than described pain.
Fault is contested with evidence — scene reconstruction, dashcam and, in commercial cases, the carrier’s own telematics once it has been preserved.
Most Texas accident attorneys work on contingency. Our service is free to you at every stage.
We match you with someone licensed in Texas who works your area.
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Texas sets a firm deadline running from the date of the accident, and a separate, considerably shorter one where a government vehicle or public entity is involved. Both are strict, and missing either generally ends the claim no matter how strong it was. An attorney can confirm which applies to your situation before anything expires.
Texas follows modified comparative negligence with a 51% bar. Your recovery is reduced by your share of the blame, and disappears entirely once you are more than 50% responsible. That threshold is exactly why the other side’s adjuster works so hard to establish your share early.
You may need to give formal notice under the Texas Tort Claims Act well before the ordinary deadline, and sooner still in cities with their own charter requirements. Damages against governmental units are also capped. It is worth getting advice quickly rather than assuming the ordinary window applies.
No. Texas is an at-fault state, so the driver responsible for the collision — and their insurer — is responsible for the damage. Personal injury protection is offered on Texas policies and pays regardless of fault, but you must decline it in writing if you do not want it, so many drivers have it without remembering.
Possibly. Uninsured and underinsured motorist coverage on your own policy may apply, including in hit-and-run cases where the driver was never identified. Many people do not realise they carry it.
Our service is free to you — attorneys pay us for the connection. Most Texas accident attorneys work on contingency, so their fee comes from any recovery rather than from you upfront. Confirm the arrangement directly before signing anything.
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ClaimMVA Now is a free matching service, not a law firm.