Car accidents can be a stressful and traumatic experience, leaving physical and emotional scars that can last for years. In the state of Texas, it is important to understand the laws and regulations surrounding local car accident claims and the strict time limits for filing them is 2 years in most cases.
As a leading car accident attorney office in Texas, we at Injury Law Rights understand the challenges and complexities involved in these cases, and are committed to helping our clients navigate the legal process with ease and immediately know exactly how much accident settlement money to expect for their own pending claim.
Under current Texas law, the statute of limitations for filing a car accident claim is two years from the date of the accident. This means that any claims filed after this period may be time-barred and will not be considered by the court. However, it is essential to note that certain factors can impact the statute of limitations, such as the age or mental capacity of the plaintiff, or the involvement of government entities. Our team of the best free auto accident attorneys in Texas can help you understand the nuances of these current vehicle injury laws and ensure that you file your claim in a timely manner.
At Injury Law Rights, we believe in a client-centric approach, and we strive to provide our clients with the best possible outcome. We know that filing a car accident claim can be a daunting task, but we are here to guide you through the process step-by-step. From gathering evidence to negotiating with insurance companies, we will work tirelessly to ensure that you receive the compensation you deserve.
Our top accident attorney offices have a thorough knowledge of the relevant local legal codes and statutes, and we will use this knowledge to craft a strong case on your behalf.
Understanding Recent Texas Car Accident Laws
At our top board certified car accident attorney office in Texas, Injury Law Rights expert local lawyers understand the complexities of filing a recent car accident claim in the state. Understanding local car accident laws is essential when navigating the claims process.
In Texas, the statute of limitations for filing a personal injury claim after a car accident is two years from the date of the accident. This means that injured victims have two years from the accident date to file a claim for compensation. It is important to note that if the claim is not filed within this time frame, it may be dismissed and the victim may be left without legal recourse.
Additionally, Texas follows a modified comparative negligence rule. This means that if a victim is found to be partially at fault for the accident, their compensation may be reduced by the percentage of their fault. For example, if a victim is found to be 20% at fault for an accident and is awarded $100,000 in damages, their compensation may be reduced to $80,000.
Navigating Texas car accident laws can be a complex and overwhelming process. That’s why it’s crucial to have an experienced car accident attorney on your side. At our law firm, we have a team of skilled attorneys who are well-versed in Texas car accident laws and are committed to fighting for the rights of injured victims.
Before we further discuss the time limits for filing claims, it’s important to understand the current car accident laws in Texas. The Lone Star State follows a “fault” system when it comes to determining financial responsibility for an accident. This means that the person found to be at fault for causing the accident is liable for any resulting damages or injuries.
In Texas, drivers are required to carry a minimum amount of liability insurance to cover potential damages. These minimums include:
- $30,000 for bodily injury per person
- $60,000 for total bodily injury per accident
- $25,000 for property damage per accident
These limits may not always be sufficient to cover all damages, so it’s crucial to consider purchasing additional coverage to protect yourself financially.
Time Limits for Filing a Claim in Texas
Since the current statute of limitations for filing a car accident claim is 2 years from the date of the accident, this means that you must file a claim within two years of the accident, or you will be barred from pursuing compensation for your injuries and damages. However, there may be exceptions and certain circumstances that could affect the time limit. It is important to consult with an experienced local car accident attorney office such as Injury Law Rights to ensure that your rights are protected and to determine the exact deadline for filing your claim.
Statute of Limitations for Property Damage
When it comes to filing a property damage claim after a car accident in Texas, it’s important to be aware of the state’s statute of limitations.
The statute of limitations for property damage claims in Texas is two years from the date of the accident, according to Texas Civil Practice and Remedies Code §16.003. This means that if you don’t file your claim within two years of the accident, you may lose your right to seek compensation for the damages. That’s why it’s crucial to act quickly and seek legal assistance from a reputable car accident lawyer in Texas, such as Injury Law Rights, who can guide you through the process and ensure that your rights are protected so you get full compensation for auto accident pain and suffering under Texas law.
It’s also worth noting that insurance companies in Texas may have their own deadlines for filing property damage claims, which may be shorter than the state’s statute of limitations. For instance, some insurance policies may require you to report the accident and file a claim within a few days or weeks of the incident. It’s important to review your policy carefully and comply with any applicable deadlines to avoid losing your right to compensation.
In addition to the statute of limitations and insurance company deadlines, there are other factors that can impact your ability to file a property damage claim after a car accident in Texas. For instance, if the accident involved a government entity or employee, there may be special rules and procedures that you need to follow. And if the other driver was uninsured or underinsured, you may need to explore other options for obtaining compensation, such as filing a claim with your own insurance company or pursuing a lawsuit.
The skilled attorneys at Injury Law Rights can help you navigate these complex issues and maximize your chances of obtaining the compensation you deserve.
Statute of Limitations for Personal Injury
If you’ve suffered a recent personal injury in a local car accident in Texas, it’s important to understand the statute of limitations for filing a claim. In Texas, the statute of limitations for personal injury claims arising from car accidents is typically two years from the date of the accident. This means that you have a limited amount of time to file a lawsuit seeking compensation for your injuries.
However, there are some exceptions that can affect the deadline for filing a claim. For instance, if the accident involves a government agency or employee, you may have a shorter time period to file a claim. Additionally, if you didn’t discover your injury right away, the statute of limitations may be extended to allow for delayed discovery.
It’s important to note that the insurance company for the at-fault driver will likely try to settle the claim for as little as possible. That’s why it’s important to seek the help of an experienced car accident attorney who can fight for your rights and ensure that you receive fair compensation.
At Injury Law Rights, our board-certified attorneys have a deep understanding of Texas car accident laws and can help you navigate the legal process. Contact us 24 hours daily for a free local accident attorney consultation and expert legal advice at no cost.
Steps to File a Car Insurance Claim in Texas
To ensure a smooth and successful claim process, follow these steps:
- Report the accident to the police: Immediately after the accident, call the police to report the incident. This is important, as the police report will serve as a vital piece of evidence when filing your claim.
- Exchange information: Exchange contact and insurance information with the other driver(s) involved in the accident. Be sure to get their name, address, phone number, driver’s license number, license plate number, and insurance details.
- Document the accident scene: Take photos of the accident scene, including damages to all vehicles involved, skid marks, road conditions, and any other relevant details. This documentation will serve as valuable evidence to support your claim.
- Seek medical attention: Even if you don’t feel injured right away, it’s essential to seek medical attention as soon as possible. Some injuries may not be immediately apparent, and having a medical professional evaluate you can help identify any potential issues.
- Notify your insurance company: Contact your insurance company as soon as possible to inform them of the accident. They will guide you through the process of filing a claim and provide you with the necessary forms to complete.
- Keep detailed records: Maintain a file containing all documentation related to the accident, including medical bills, receipts for vehicle repairs, and any correspondence with the insurance company or other parties involved.
- Consult an attorney: If you’re unsure about the process or need help navigating the legal system, it may be helpful to consult with a personal injury attorney who specializes in car accident cases.
To summarize, filing a new car insurance claim in Texas involves taking several important steps, including promptly reporting the accident, gathering evidence and documentation, contacting your insurance company, and submitting your claim. Keep in mind that the process can vary depending on your specific policy and coverage, so it’s important to thoroughly review your insurance policy and understand your rights and options.
Working with an award winning car accident attorney nearby, such as those at Injury Law Rights, can help ensure that you navigate the local claims process effectively and receive the compensation you deserve.
What to Do if You’ve Missed the Texas Deadline to File a Claim
If you’ve missed the two-year statute of limitations to file a car accident claim in Texas, you may still have some options. However, it’s important to recognize that your chances of receiving compensation are significantly reduced. Here are some steps to consider if you’ve missed the deadline:
- Consult an attorney: Speak with a personal injury attorney to discuss your case and any potential options for pursuing compensation despite the missed deadline.
- Evaluate your case: If your attorney believes there may be a possibility to file a claim, they will help you evaluate your case and determine the best course of action.
- Consider exceptions: In some cases, there may be exceptions to the statute of limitations that could extend the time frame for filing a claim. An attorney can help you determine if any of these exceptions apply to your case.
If you miss the deadline to file a claim in Texas, it is not necessarily the end of your case. In certain circumstances, you may be able to extend the deadline by showing good cause or excusable neglect. However, these situations are rare, and it is best to act quickly and seek legal counsel as soon as possible.
In situations when you have missed the deadline to file a lawsuit, you should contact the experienced local car accident lawyers at Injury Law Rights. These trusted specialist Texas attorneys can assess your case for free of charge and determine the best course of action for your unique situation. It is important to act quickly, as the longer you wait, the more difficult it may be to gather evidence and build a strong case.
Frequently Asked Questions
- What if I’m partially at fault for the accident? Texas follows a modified comparative negligence rule, which means that if you’re partially at fault for the accident, your compensation will be reduced by the percentage of your fault. If you’re found to be more than 50% at fault, you may be unable to recover any damages.
- Can I still file a claim if the other driver is uninsured? If the other driver is uninsured, you may be able to file a claim with your own insurance company if you have uninsured/underinsured motorist coverage. This coverage can help protect you financially in cases where the at-fault party does not have adequate insurance.
- How long does it take to settle a car accident claim in Texas? The time it takes to settle a car accident claim can vary depending on the complexity of the case and the severity of the damages and injuries involved. Some claims may be settled within a few months, while others may take a year or more to resolve.
Consult with a Texas Car Accident Injury Lawyer
Filing a claim for a car accident in Texas can be a complex and daunting process, but understanding the time limits and following the necessary steps can help ensure that you receive the compensation you deserve. If you need assistance navigating the legal system and filing a claim, Injury Law Rights is here to help. Our team of experienced Texas personal injury attorneys specializes in car accident cases and can guide you through the entire process to ensure the best possible outcome for your case. Contact us today to schedule a consultation and learn how we can assist you in seeking the compensation you deserve.
If you were recently in an auto accident and believe you have a valid lawsuit, give us a call today at 855-633-0888. A member of our team will discuss the case and offer recommendations as to the best possible way to proceed to ensure you are awarded the best possible settlement for your case. Or, if you would like to learn more about our legal services before talking to one of our attorneys, please fill out the Free Car Accident Injury Consultation Form.
Taryn J. White is a legal research specialist and Injury law news reporter. Her current accomplishments include helping those facing any injuries from vehicle accidents, workplace accidents, and medical malpractice.