Texas car accident claims: deadlines, fault rules and insurance, explained
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The deadlines that genuinely bind a Texas crash claim, the ones that only feel like deadlines, and the single date that ends everything.
The short answer
Two dates are fixed by statute: the officer files the crash report within 10 days, and a personal injury or wrongful death suit must generally be filed within 2 years. Your own insurer also has hard first-party deadlines. Everything between those is negotiation, not law.
Fixed by statute
| When | What | Source |
|---|---|---|
| Immediately | Driver must notify law enforcement of a crash involving injury, death, or a vehicle that cannot be driven safely | Transp. Code 550.026 |
| Within 10 days | Investigating officer files the CR-3 electronically with TxDOT | Transp. Code 550.062(b) |
| 2 years | Deadline to file a personal injury or wrongful death suit | Civ. Prac. & Rem. Code 16.003 |
| Much shorter | Formal notice for claims against a governmental unit | Texas Tort Claims Act |
First-party deadlines
These apply only to first-party claims — claims on your own policy, such as PIP or UM/UIM. They do not govern a liability claim against the other driver’s insurer.
| Step | Deadline |
|---|---|
| Acknowledge and begin investigating | 15th day after notice of claim |
| Accept or reject in writing | 15th business day after receiving all requested items |
| Extension, with written reasons | Up to 45 additional days |
| Pay an accepted claim | 5th business day after notice of acceptance |
| Penalty if delayed beyond 60 days | 18% per year plus reasonable attorney’s fees |
Tex. Ins. Code §§ 542.055–542.060; scope at § 542.051(2).
Not fixed by anything
A claim is not usually ready to value until treatment reaches a stable point, because until then the future medical picture is unknown.
No statutory clock runs on a third-party liability adjuster. Following up in writing creates a record; it does not create a deadline.
As long as both sides keep moving. It stops being optional when the limitation period gets close.
Health insurers, Medicare, Medicaid and providers are resolved out of the settlement, often after agreement in principle.
The one that ends it
The limitation period runs from the day the cause of action accrues; for wrongful death, from the date of death. It runs whether or not treatment has finished, whether or not the adjuster has responded, and whether or not you were waiting for records.
That is why serious injury claims are frequently filed before negotiation concludes — filing preserves the claim, and negotiation continues afterwards.
This page describes general timelines. It does not calculate your deadline and it is not legal advice. Only an attorney licensed in Texas can tell you which deadline applies to your situation.
Tex. Civ. Prac. & Rem. Code § 16.003(a), (b).
Common questions
On the day the cause of action accrues, which for most crash claims is the date of the crash. For wrongful death it runs from the date of death. Certain circumstances affect accrual, which is a legal question for an attorney.
No. The limitation period runs regardless of treatment. This is the main practical tension in serious claims, because a claim cannot be sensibly valued until treatment stabilises.
On a first-party claim, five business days after notice of acceptance, having accepted or rejected within 15 business days of receiving everything it asked for. Those deadlines do not apply to a claim against another driver’s insurer.
That situation is exactly why suits are filed before negotiation finishes. What to do about it in a particular case is a question for an attorney licensed in Texas.
Yes. Claims against governmental units are governed separately and carry much shorter formal notice requirements. Do not assume the two-year period is the operative deadline.
Sources
Every Texas rule stated here is taken from the primary source named below. The Texas statutes are published free by the Texas Legislative Council.
Keep reading
Which policy responds, and the deadlines your own insurer must meet.
The first hour, the first week, and what Texas law requires at the scene.
Editorial information
Spotted something wrong or out of date? We correct errors and log the change. See our correction policy and about page.
Next steps
Read the Texas rules that apply, or see how a request for attorney review works. General information only, not legal advice.
Texas-specific information on crash deadlines, fault rules and insurance, with the statute cited on every page. Operated by National Claim Network. Not a law firm, insurer, or government agency.
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