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Texas car accident laws
Is Texas a no-fault state? No. Texas is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the injuries and damage.
Texas gives you two years to file a personal injury lawsuit (Tex. Civ. Prac. & Rem. Code § 16.003(a)).
The legal minimum liability coverage in Texas is $30,000 per injured person, $60,000 per crash and $25,000 for property (30/60/25).
You can recover if you are 50% or less responsible, with your damages reduced by your percentage; if you are more than 50% responsible you recover nothing.
Quoted from Texas statutes and official pages, checked October 2, 2026 · not legal advice
The rules in one table
| Rule | Texas | Source |
|---|---|---|
| Deadline to sue for an injury | Two years after the day the cause of action accrues | Tex. Civ. Prac. & Rem. Code § 16.003(a) |
| Deadline for vehicle damage | Two years for trespass for injury to the estate or property of another, conversion, or taking or detaining personal property | Tex. Civ. Prac. & Rem. Code § 16.003(a) |
| Deadline for a wrongful death claim | Two years; the cause of action accrues on the death of the injured person | Tex. Civ. Prac. & Rem. Code § 16.003(b) |
| Claims against a government body | A governmental unit is entitled to notice of a claim not later than six months after the incident; city charters may set a shorter period. Notice is not required if the unit has actual notice of the death, injury or property damage. | Tex. Civ. Prac. & Rem. Code § 101.101(a)-(c) |
| Insurance system | at-fault | Tex. Transp. Code § 601.051 |
| If you were partly at fault | modified comparative (51% bar). You can recover if you are 50% or less responsible, with your damages reduced by your percentage; if you are more than 50% responsible you recover nothing. | Tex. Civ. Prac. & Rem. Code § 33.001 |
| Minimum liability coverage | $30,000 per person / $60,000 per crash / $25,000 property | Tex. Transp. Code § 601.072(a-1) |
Deadlines can be shorter or longer for minors, for injuries found later, and for claims against a government. A lawyer licensed in Texas can tell you the date that applies to you.
Next steps after a Texas crash
How to get a Texas crash report ($6 for a regular copy; $8 for a certified copy; additional processing/credit card surcharge may apply).
Check your deadline and a rough claim range
A filing date and a rough value range for Texas. Both take under a minute.
Questions
How long do you have to sue after a car accident in Texas?
Two years for an injury claim (Tex. Civ. Prac. & Rem. Code § 16.003(a)) and two years for vehicle damage. Shorter notice rules can apply to claims against a government.
Is Texas a no-fault state?
No. Texas is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the injuries and damage.
Can I recover if I was partly at fault in Texas?
Texas follows modified comparative (51% bar). You can recover if you are 50% or less responsible, with your damages reduced by your percentage; if you are more than 50% responsible you recover nothing.
What is the minimum car insurance in Texas?
The legal minimum liability coverage in Texas is $30,000 per injured person, $60,000 per crash and $25,000 for property (30/60/25).
Sources
- Deadline to sue for an injury (Tex. Civ. Prac. & Rem. Code § 16.003(a)): tcss.legis.texas.gov/resources/CP/htm/CP.16.htm
Sec. 16.003. TWO-YEAR LIMITATIONS PERIOD. (a) Except as provided by Sections 16.010 , 16.0031 , and 16.0045 , a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.
- Deadline for vehicle damage (Tex. Civ. Prac. & Rem. Code § 16.003(a)): tcss.legis.texas.gov/resources/CP/htm/CP.16.htm
(a) Except as provided by Sections 16.010 , 16.0031 , and 16.0045 , a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.
- Deadline for a wrongful death claim (Tex. Civ. Prac. & Rem. Code § 16.003(b)): tcss.legis.texas.gov/resources/CP/htm/CP.16.htm
(b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.
- Claims against a government body (Tex. Civ. Prac. & Rem. Code § 101.101(a)-(c)): tcss.legis.texas.gov/resources/CP/htm/CP.101.htm
(a) A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred.
- Insurance system (Tex. Transp. Code § 601.051): tcss.legis.texas.gov/resources/TN/htm/TN.601.htm
Sec. 601.051. REQUIREMENT OF FINANCIAL RESPONSIBILITY. A person may not operate a motor vehicle in this state unless financial responsibility is established for that vehicle through: (1) a motor vehicle liability insurance policy that complies with Subchapter D;
- If you were partly at fault (Tex. Civ. Prac. & Rem. Code § 33.001): tcss.legis.texas.gov/resources/CP/htm/CP.33.htm
Sec. 33.001. PROPORTIONATE RESPONSIBILITY. In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.
- Minimum liability coverage (Tex. Transp. Code § 601.072(a-1)): tcss.legis.texas.gov/resources/TN/htm/TN.601.htm
(a-1) Effective January 1, 2011, the minimum amounts of motor vehicle liability insurance coverage required to establish financial responsibility under this chapter are: (1) $30,000 for bodily injury to or death of one person in one collision; (2) $60,000 for bodily injury to or death of two or more persons in one collision, subject to the amount provided by Subdivision (1) for bodily injury to or death of one of the persons; and (3) $25,000 for damage to or destruction of property of others in one collision.
Read October 2, 2026. Laws and fees change; the linked page is the authority.