Car Accident Claims in Texas: What You Need to Know

Texas is an at-fault state with a 2-year statute of limitations and a modified comparative fault rule. If you were injured in a car accident in Texas, here is exactly how the claims process works and what you can expect.

Texas Statute of Limitations

In Texas, you have 2 years from the date of the accident to file a personal injury lawsuit (Texas Civil Practice & Remedies Code § 16.003). If you miss this deadline, your claim is permanently barred — regardless of how strong your case is.

There are limited exceptions: if the injured party is a minor, the clock starts when they turn 18. If the at-fault driver fled the scene and was unidentified, the clock may be tolled until they are identified.

Texas Comparative Fault Rule

Texas uses a modified comparative fault rule with a 51% bar (Texas Civil Practice & Remedies Code § 33.001). This means:

Texas Minimum Insurance Requirements

Texas requires all drivers to carry minimum liability insurance of $30,000 per person / $60,000 per accident / $25,000 property damage (30/60/25). However, these minimums are often insufficient for serious injuries. If the at-fault driver only carries minimum coverage, your attorney may pursue your own underinsured motorist (UIM) coverage.

Average Car Accident Settlements in Texas

The average car accident settlement in Texas for injury claims is approximately $41,000, though this varies significantly by injury severity. Soft tissue injuries typically settle for $10,000–$40,000. Serious injuries involving surgery, hospitalisation, or permanent disability regularly exceed $100,000–$500,000.