Texas car accident claims

Texas is not a no-fault state. You generally look to the at-fault driver. That is not the same thing as the shared-blame rule below.

A crash is a negligence claim: duty, breach, cause, harm. The numbers below are the published Texas rules, not a ruling on your facts.

Last checked Sep 3, 2026 · LawyerUnc editorial. Educational only, not legal advice.

How long you have to file

Ordinary injury claims in Texas often run 2 years (Tex. Civ. Prac. & Rem. Code § 16.003). Tolling and discovery rules can change a date. Confirm the current statute.

If you share blame

If you are more than 50% at fault, you recover nothing. At 50% or less, your recovery is cut by your share of blame.

No-fault vs the other driver

Texas is not a no-fault state. PIP is optional on many policies. The injury lawsuit is still against the at-fault driver, subject to the 51% bar. Optional PIP is not a reason you cannot sue. (Tex. Ins. Code (PIP optional; no lawsuit bar))

What usually matters

• · Two-year clock and a 51% bar. If you are more at fault than the other driver, you recover nothing.
• · Do not paste a med-mal cap onto a wreck. Chapter 74 is a health-care statute.

What to save

Photos of the scene and the cars, the police report number, dashcam or store video, the other driver's insurance card, and your own medical visits in order. Do not post a joke about the crash. Use the preservation letter if a truck or a tape is about to disappear.