By Serdar Arslan, editor · Last reviewed · How we research
More people died on Texas roads in 2024 than in any other state's tally on this site: 4,160, according to NHTSA's FARS data. When a city, county or state agency is involved in a crash, written notice under the Texas Tort Claims Act is generally due within 6 months, and many city charters set even shorter periods.
Against private drivers, the deadline is 2 years for injury, vehicle damage and wrongful death claims alike. Texas uses a modified comparative fault rule that bars recovery above 50%. Liability minimums are 30/60/25. A detail many drivers overlook: insurers must include at least $2,500 in PIP on every auto liability policy unless you reject it in writing, so you may have coverage you did not know about. After a crash with injury, death or a vehicle that cannot be driven safely, notify police right away. TxDOT no longer accepts driver-filed CR-2 reports, but you can buy the officer's CR-3 report online for $6.
Key rules at a glance
| Personal injury filing deadline | Generally 2 years from the day the claim accrues, which in a crash case is usually the date of the accident |
|---|---|
| Property damage deadline | Generally 2 years for damage to your vehicle or other property |
| Wrongful death deadline | Generally 2 years from the date of death |
| Claims against a government entity | Under the Texas Tort Claims Act, you generally must give the government unit written notice of your claim within 6 months after the crash, describing the injury or damage and the time, place and facts of the incident. Many cities set shorter notice periods in their charters, so check the city's rules too. |
| Fault rule | Modified comparative fault (51% bar): Your damages are reduced by your percentage of fault, but you recover nothing if you are more than 50% at fault. |
| Insurance system | At-fault (tort) · Insurers must include at least $2,500 in personal injury protection (PIP) on every auto liability policy unless you reject it in writing (Tex. Ins. Code §§ 1952.152–1952.153). |
| Minimum liability insurance | $30,000 per person / $60,000 per accident bodily injury; $25,000 property damage Source: Tex. Transp. Code § 601.072(a-1) |
| Uninsured motorist coverage | Not required (usually offered; you may reject it in writing) |
| Damage caps | No general cap on compensatory damages (medical bills, lost wages, pain and suffering) in car accident cases. Punitive (exemplary) damages are generally capped at the greater of $200,000 or two times economic damages plus up to $750,000 of noneconomic damages, with exceptions such as intoxication assault or manslaughter (Tex. Civ. Prac. & Rem. Code § 41.008). Claims against government units have separate limits. |
| Reporting a crash | If a crash causes injury or death, or leaves a vehicle unable to be driven safely, you must notify the local police or sheriff right away by the quickest means. The investigating officer files the crash report (CR-3) with TxDOT within 10 days. TxDOT no longer accepts or keeps driver-filed CR-2 reports, so keep your own copy if police did not investigate. |
Getting your crash report in Texas
Buy a police crash report (CR-3) online through TxDOT's Crash Report Online Purchase System (CRIS). A regular copy costs $6 and a certified copy $8, plus small online fees. People directly involved, their representatives and insurers can get the full report; others get a redacted copy. Official request page
Checking a Texas lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: State Bar of Texas – Find a Lawyer member directory
- Lawyer referral: State Bar of Texas Lawyer Referral & Information Service (LRIS) · 800-252-9690
4,160 people died in motor vehicle crashes in Texas in 2024, according to NHTSA FARS – State crashes and all victims.
Frequently asked questions
›Do I have PIP even if I never asked for it in Texas?
Probably, unless you rejected it in writing. Texas insurers must include at least $2,500 in personal injury protection on every auto liability policy (Tex. Ins. Code §§ 1952.152-1952.153). Check your declarations page.
›How soon must I notify a Texas city about a crash claim?
Under the Texas Tort Claims Act, you generally must give the government unit written notice within 6 months after the crash, describing the injury or damage and the time, place and facts of the incident (Tex. Civ. Prac. & Rem. Code § 101.101). Many cities set shorter notice periods in their charters, so check the city's rules too.
›What is the Texas statute of limitations for a car accident?
Generally 2 years for injury and vehicle damage claims (Tex. Civ. Prac. & Rem. Code § 16.003(a)), and 2 years from the date of death for wrongful death (§ 16.003(b)). Exceptions can apply, for example for minors.
›Can I still file a CR-2 driver's report with TxDOT?
No. TxDOT no longer accepts or keeps driver-filed CR-2 reports, so keep your own copy if police did not investigate. When police do investigate, the officer files the CR-3 report with TxDOT within 10 days (Tex. Transp. Code § 550.062).
›What happens to my claim if I was 40% at fault?
You can still recover, but your damages are reduced by 40%. Texas bars recovery only if you are more than 50% at fault (Tex. Civ. Prac. & Rem. Code § 33.001).
Sources
- Texas Civil Practice and Remedies Code Chapter 16 (Limitations)
- Texas Civil Practice and Remedies Code Chapter 33 (Proportionate Responsibility)
- Tex. Civ. Prac. & Rem. Code § 101.101 (Texas.Public.Law)
- Tex. Civ. Prac. & Rem. Code § 41.008 (Texas.Public.Law)
- Tex. Transp. Code § 601.072 (Texas.Public.Law)
- Tex. Transp. Code § 550.026 (Texas.Public.Law)
- Tex. Ins. Code § 1952.152 (Justia)
- TxDOT – Crash reports and records
- State Bar of Texas – Lawyer Referral & Information Service
- NHTSA FARS – State crashes and all victims