By the Beverly Law legal team. Updated November 2026.
Hurt in a Texas car crash?
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What to do after a car accident in Texas
- Call 911 and get medical care. Go the same day if you can. A delay is the first thing an adjuster raises.
- Get the officer’s name and the report number. An officer who investigates a crash with injury, death or $1,000 or more in property damage must file a written report with the Texas Department of Transportation within 10 days (Transp. Code § 550.062).
- Open a PIP claim with your own insurer right away. PIP pays reasonable medical expenses, lost income and certain household services for you, people in your household and passengers in your car, for expenses incurred within three years of the crash (Ins. Code § 1952.151). The policy can require proof of loss within a period of not less than six months (§ 1952.156).
- Pull your declarations page. It shows whether PIP and uninsured/underinsured coverage are on your policy or were rejected in writing.
- Do not give a recorded statement to the other driver’s insurer before you get advice. See what not to tell the insurance company.
Texas law: deadline, fault and medical damages
Two years to sue. Suits for personal injury and for damage to property must be brought within two years after the claim accrues. For a death, the two years run from the date of death (CPRC § 16.003). Family members can read more on our Texas wrongful death deadline page.
The 50% bar. You recover nothing if your percentage of responsibility is greater than 50% (CPRC § 33.001). At 50% or less, the court reduces your damages by your percentage (CPRC § 33.012). So the fight over fault matters more in Texas than in California or Washington. A driver found 51% at fault gets nothing; at 50% the driver keeps half. Our page on comparative fault in California, Texas and Washington has examples.
Medical expenses: paid or incurred. Recovery of medical expenses is limited to the amount actually paid or incurred by you or on your behalf (CPRC § 41.0105). In Haygood v. De Escabedo, 356 S.W.3d 390 (Tex. 2011), the Texas Supreme Court held that the statute limits recovery to expenses that have been or must be paid, and that only evidence of recoverable medical expenses is admissible at trial (opinion; citation). When a health insurer paid a discounted rate, the discount usually drops out of the case.
Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
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Insurance: 30/60/25, PIP and UM/UIM
Minimum liability limits. Since January 1, 2011, Texas drivers must carry at least $30,000 for injury or death of one person, $60,000 for two or more people, and $25,000 for property damage (Transp. Code § 601.072). The Texas Department of Insurance calls this 30/60/25 coverage (TDI auto insurance guide).
Uninsured/underinsured motorist coverage. An insurer may not issue an auto liability policy in Texas without it, unless an insured named in the policy rejects it in writing (Ins. Code § 1952.101). In Texas the coverage protects against bodily injury and property damage. TDI notes it also applies after a hit-and-run (TDI). Read more about underinsured motorist claims.
Personal injury protection (PIP). PIP must be included in every Texas auto liability policy unless a named insured rejects it in writing (Ins. Code § 1952.152). The law does not require an insurer to provide more than $2,500 per person (§ 1952.153), so check your limit. The insurer must pay PIP benefits within 30 days after it receives satisfactory proof of the claim (§ 1952.156). If it pays late, you can sue for the benefits plus reasonable attorney’s fees, a 12% penalty and interest (§ 1952.157).
Texas is not a no-fault state. PIP pays first, but the driver who caused the crash is still responsible for the rest. See is Texas a no-fault state.
Texas crash numbers
TxDOT’s crash facts for calendar year 2025, built from officers’ crash reports, show:
- 3,769 people killed, down 9.38% from 4,159 in 2024. One person was killed every 2 hours 19 minutes.
- 244,534 people injured, and 17,420 people with a serious injury.
- 906 people killed in crashes where a driver was under the influence of alcohol, 24.04% of all deaths.
- 955 people killed in crashes at or related to intersections, and 555 in head-on crashes.
- 1,889 deaths in rural crashes, 50.12% of the total (TxDOT 2025 Crash Facts).
Our news desk covers these crashes as they happen. On November 2, 2026, a 16-year-old passenger died in a crash on northbound MoPac Expressway in Austin, and the 18-year-old driver was later charged with intoxication manslaughter. In October 2026, two people died on the East Freeway in Channelview after an Explorer struck the rear of a Jeep; the sheriff said initial information showed the Explorer was being driven recklessly. Local help: our Austin car accident page. For 18-wheelers, see the Texas truck accident lawyer page.
Hit by a city, county or state vehicle
The Texas Tort Claims Act waives immunity for injuries caused by a government employee’s negligent use of a motor vehicle within the scope of employment, if the employee would be personally liable under Texas law (CPRC § 101.021).
- Notice within six months. The governmental unit is entitled to notice within six months after the crash, describing the injury, the time and place, and the incident (CPRC § 101.101(a)).
- City charters can be shorter. City charter and ordinance notice periods are ratified by the statute (§ 101.101(b)), so a city claim can be due in less than six months.
- Actual notice. The formal notice is not required if the unit already knew of the death, injury or damage (§ 101.101(c)). Do not rely on that; send the notice.
- Caps. Liability is capped at $250,000 per person and $500,000 per occurrence for the state and for cities, and $100,000 per person and $300,000 per occurrence for other local government units (CPRC § 101.023).
For crashes with public transit buses, see our guide to Texas public transit bus accident claims.
Texas, California and Washington compared
| State | Deadline to sue | Your share of fault | Minimum liability insurance | Your own coverage | Government vehicle |
|---|---|---|---|---|---|
| California | 2 years (CCP § 335.1) | Reduces the award, never bars it (Li v. Yellow Cab) | $30,000 / $60,000 / $15,000 for policies issued or renewed since Jan. 1, 2025 (Veh. Code § 16056) | Uninsured/underinsured motorist coverage is included unless deleted in writing (Ins. Code § 11580.2) | Written claim within 6 months (Gov. Code § 911.2) |
| Texas | 2 years (CPRC § 16.003) | Barred if more than 50%; otherwise reduced (CPRC § 33.001) | $30,000 / $60,000 / $25,000 (Transp. Code § 601.072) | PIP and uninsured/underinsured motorist coverage are included unless rejected in writing (Ins. Code § 1952.152; § 1952.101) | Notice within 6 months, or sooner if a city charter says so (CPRC § 101.101) |
| Washington | 3 years (RCW 4.16.080(2)) | Reduces the award, never bars it (RCW 4.22.005) | $25,000 / $50,000 / $10,000 (RCW 46.29.090) | Underinsured motorist coverage is included unless rejected in writing; PIP must be offered (RCW 48.22.030; RCW 48.22.085) | Written claim, then a 60-day wait before suit (RCW 4.96.020; RCW 4.92.110) |
Texas has the highest property damage minimum of the three states and the only fault bar. California and Washington let a partly-at-fault driver recover something no matter the percentage.
Related pages
- California car accident lawyer
- Washington car accident lawyer
- Texas truck accident lawyer
- Is Texas a no-fault state?
- Car and truck accident questions
- Areas we serve in Texas
Common questions
How long do I have to file a car accident lawsuit in Texas?
Two years from the day of the crash for injuries and property damage, and two years from the date of death in a fatal crash (CPRC § 16.003). If a government vehicle was involved, notice is due within six months, or sooner under some city charters (CPRC § 101.101).
Can I recover if I was partly at fault?
Yes, if your share is 50% or less. Your damages are reduced by your percentage. If you are found more than 50% responsible, you recover nothing (CPRC §§ 33.001, 33.012).
Is Texas a no-fault state?
No. The driver who caused the crash is responsible for the damages. PIP on your own policy can pay medical expenses and lost income first, up to its limit, unless it was rejected in writing (Ins. Code § 1952.152).
The driver who hit me had no insurance. What can I do?
Make a claim under your own uninsured/underinsured motorist coverage. Texas insurers must include it unless an insured named in the policy rejected it in writing (Ins. Code § 1952.101).
Why is my medical expense claim lower than my bills?
Texas limits recovery to the amount actually paid or incurred by you or on your behalf (CPRC § 41.0105). If your health insurer paid a discounted rate, the jury hears the discounted amount (Haygood v. De Escabedo, 356 S.W.3d 390 (Tex. 2011)).
My insurer is slow to pay my PIP claim. Is there a deadline?
Yes. PIP benefits are due within 30 days after the insurer receives satisfactory proof of the claim (Ins. Code § 1952.156). If it pays late, you can recover the benefits, reasonable attorney’s fees, a 12% penalty and interest (§ 1952.157).
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Sources
- Tex. Civ. Prac. & Rem. Code § 16.003
- Tex. Civ. Prac. & Rem. Code § 33.001
- Tex. Civ. Prac. & Rem. Code § 33.012
- Tex. Civ. Prac. & Rem. Code § 41.0105
- Tex. Civ. Prac. & Rem. Code § 101.021
- Tex. Civ. Prac. & Rem. Code § 101.023
- Tex. Civ. Prac. & Rem. Code § 101.101
- Tex. Ins. Code § 1952.101
- Tex. Ins. Code § 1952.151
- Tex. Ins. Code § 1952.152
- Tex. Ins. Code § 1952.153
- Tex. Ins. Code § 1952.156
- Tex. Ins. Code § 1952.157
- Tex. Transp. Code § 601.072
- Tex. Transp. Code § 550.062
- Haygood v. De Escabedo, 356 S.W.3d 390 (Tex. 2011), opinion
- Haygood v. De Escabedo, citation
- Texas Department of Insurance, Auto insurance guide
- TxDOT, Texas Motor Vehicle Traffic Crash Facts, Calendar Year 2025
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.