Most Houston car accident questions turn on three dates and one rule. Texas gives two years to file a personal injury suit, six months to give notice to a government unit, and a claim is barred only if the injured person is more than 50 percent responsible. The answers below are short, and each one points to the article that works through its topic in full.
The short version
- Suit deadline: two years, counted from accrual (§ 16.003(a)).
- Government notice: six months from the incident when a public entity is the defendant (§ 101.101(a)).
- Fault: a claimant who is more than half to blame recovers nothing; otherwise damages are cut by that share (§§ 33.001, 33.012(a)).
- Uninsured drivers: your own uninsured motorist coverage can pay when the at-fault driver has none (Insurance Code § 1952.101).
- Your own PIP: reasonable, necessary medical expenses incurred within three years of the accident are covered (§ 1952.151).
How soon must a Texas car accident suit be filed?
Two years for a personal injury suit, under the limitations statute at § 16.003(a), with the clock starting at accrual of the cause of action. The window is the one the statute sets, and the statute names its own exceptions, so the date for a particular claim should be confirmed against the facts.
The period can be affected by other sections, so the date for a particular claim should be checked against the facts. Missing the period usually ends the right to sue, so the safest course is to speak with an attorney well before the second anniversary. Our Sugar Land article on the Sugar Land filing clock walks through the same period with local examples.
Filing a suit is a deadline, not the goal of a claim. A claim can be negotiated with the insurer before any suit is filed. The conversation with the adjuster is where the claim usually starts, and the two-year period runs while it does.
How long do I have to notify a government unit after a crash?
Six months from the incident. Section 101.101(a) gives a public entity six months of notice from the event, which is far shorter than the two-year suit period that applies to a private defendant, so the identity of the defendant comes first.
The notice itself has content rules: it has to give a description of the harm, when and where the event happened, and what happened (§ 101.101(a)(1)–(3)). A notice that describes those three things is the document the statute asks for, and a copy kept with the crash report makes the timing easy to prove.
When the defendant is the City of Houston itself, a shorter written-notice clock can apply. The City Legal Department’s claims page reproduces Article IX, Section 11 of the City Charter, which asks for a verified written notice to the mayor and city council within 90 days of the injury, and tells claimants to sign the letter before a notary and mail it to the City Secretary’s Office.
The rule matters most when a city, county, transit authority or school district owns the vehicle. A school bus operated by a public district is the common example, and the claim is subject to the Texas Tort Claims Act. Our article on the school bus notice rules in Houston covers the notice step and the limits on what a governmental unit can be made to pay.
Not every bus is a public one. Subsection (c) of the same section excuses the notice step where the unit has actual notice that the claimant received some injury, but a claimant should not count on that exception in place of timely notice. A bus run by a private company is not a governmental unit, so the six-month notice in § 101.101(a) does not apply to it on that ground. Our article on the bus-accident rules for passengers explains how to identify the operator, which is the first step.
What if the other driver is uninsured?
Your own uninsured motorist coverage can pay, if the policy includes it. An insurer selling auto liability cover in Texas has to include uninsured or underinsured motorist protection unless the insured turns it down on paper (Insurance Code §§ 1952.101(b), (c)).
ABC13 reported on 6 April 2026, in a story on a joint study by a policy group and a United Way chapter, that 14.4 percent of Harris County drivers are uninsured. That is a county-level figure from one study, not a count of crashes.
If the other driver ran off, the claim has its own steps. Our article on the steps after a driver flees covers that situation, and our note on how that coverage is used once it applies covers the rest.
Does partial fault in a Texas crash bar my claim?
Texas allows recovery as long as the injured person is not more than half to blame. Under section 33.001 a claimant above that line gets nothing, and § 33.012(a) reduces any recovery by the claimant’s percentage.
Fault is decided on the evidence, and each side tries to move the percentage. A claim with a 20 percent share on the injured person’s side is reduced by 20 percent. A claim at 51 percent is barred. The line is drawn by the statute, so an insurer’s statement that you are “mostly” responsible has no legal weight until it is shown on the facts. Our article on how comparative negligence plays out in a Texas claim covers the evidence that moves the percentage.
Settlements with other parties also reduce a recovery: under § 33.012(b), the court reduces the damages by the dollar amount of each settlement. A crash report, witness statements and photographs bear on that percentage, and the role of witnesses in fixing the sequence of events is covered separately.
Can my own insurance pay my medical bills after a crash?
Yes, if your policy includes personal injury protection. PIP pays reasonable expenses for necessary medical services that are incurred within three years of the accident (Insurance Code § 1952.151). The statute does not oblige an insurer to offer PIP above $2,500 per person (§ 1952.153).
PIP is paid under your own policy, and its benefits are payable without regard to the fault or nonfault of the named insured or recipient in causing or contributing to the collision (§ 1952.155(a)(1)). The same section also reaches replacement of income lost as the result of the accident, in the case of an income producer (§ 1952.151(3)(B)). A named insured may reject the coverage in writing (§ 1952.152(b)), so the policy’s declarations page is the place to check. The $2,500 figure is the most the statute requires an insurer to provide, not a cap on what a policy may offer, so the limit printed on the policy is the number that matters.
PIP and a third-party claim are separate routes to payment, and the medical line is one category of damages, which our damages article sets against the others. Our article on the attorney question for an insurer claim covers that sequence, and our note on the alternative-medicine question in a claim applies the same test to chiropractic and massage bills.
How long does a car accident case take?
The statute sets the filing period, not the length of the case. The two-year window in § 16.003(a) is the outside date for suit, and a claim the insurer agrees to pay can conclude well before then, once the treatment is complete and the bills are agreed.
Timing depends on the facts. A claim against one driver, with a clear fault picture and a finished course of treatment, is simpler than one with serious injuries, disputed liability or several insurers. Our timeline article on the stages of a Texas injury claim and their pace covers the stages in order, and what drives claim value in Houston covers the other side of the ledger.
The table below gathers the figures discussed in this article and names the section behind each.
| Item | Rule | Source |
|---|---|---|
| Personal injury suit | Filed within two years of accrual. | Civ. Prac. & Rem. Code § 16.003(a) |
| Notice to a governmental unit | Notice due within six months of the event. | Civ. Prac. & Rem. Code § 101.101(a) |
| Recovery barred | Claimant more than half to blame. | Civ. Prac. & Rem. Code § 33.001 |
| Recovery reduced | Cut by the claimant’s share of fault. | Civ. Prac. & Rem. Code § 33.012(a) |
| PIP medical expenses | Expenses incurred within three years of the accident. | Ins. Code § 1952.151 |
| PIP required amount | The statute does not oblige insurers to offer more than $2,500 per person. | Ins. Code § 1952.153 |
Source links, read 16 October 2026: limitations (ch. 16), proportionate responsibility (ch. 33), tort claims notice (ch. 101), and Insurance Code ch. 1952.
Does a contingency fee cost me anything up front?
Not for the lawyer’s time. A contingency arrangement means no attorney’s fee is owed unless money is recovered, and the first consultation is free. Bring the crash report and any letter from an insurer you already have, so the first conversation is about the facts.
Our article on the fee question in a Houston claim explains the fee side in more detail, and the checklist for a case evaluation lists what to bring. Bring the crash report and any letter from an insurer to the first call, so the consultation can be about the facts rather than the paperwork.
The personal injury page sets out the kinds of cases the firm handles, and the checklist for the days after a crash covers the earlier steps. For the stages of a claim in order, read our article on the steps a car accident claim passes through. Our car accident practice page describes the work in more detail.
Frequently asked questions
Should I get a lawyer for a minor car accident?
A minor crash can still carry injuries that show up later. Texas gives two years to file suit and six months to give notice to a governmental unit. Any injury is a reason to speak with an attorney before the statements and the medical picture are fixed.
Should I get a lawyer for a car accident that wasn’t my fault?
If the other driver is responsible, the claim is against that driver and the insurer. A lawyer can handle the insurer’s questions and the proof of fault. Texas reduces damages by your share of responsibility and bars a claim above 50 percent.
How much does a car accident lawyer cost?
The firm works on a contingency basis and takes nothing unless it recovers money for you. The first consultation is free.
What does a car accident lawyer do?
A lawyer handles insurer communications, gathers evidence about fault and medical costs, values the claim, negotiates, and can bring suit inside the deadline if negotiation fails.
When should I hire a car accident lawyer?
Early is better, because the statutes count both periods from fixed events, not from a settlement offer. The two-year suit period and the six-month government notice period do not wait for a settlement offer.
Do I need a lawyer after a car accident?
A lawyer is most useful when there are injuries, a disputed fault picture, a government defendant, or an insurer that is not responding. The deadlines above apply whether or not you hire one.
Our first-steps page lists what to do at the scene and in the days after, before the call.
About the authors
Sam A. Maida, Jr.
Owner and Managing Attorney
Sam A. Maida, Jr. has represented injured Texans in the greater Houston area since the firm opened in 1993.
State Bar of TexasAvvoMartindale-HubbellLawLinkThatCarHitMeLinkedIn
Bernard G. Johnson III
Litigation Managing Attorney
Bernard G. Johnson III is a board certified trial lawyer licensed in Texas since 1996 and a graduate of South Texas College of Law.