How Long Do You Have to File a Car Accident Claim in Austin?

Published Wednesday, April 2, 2025 | Car Accidents

Published: April 02, 2025 | By Joe Lopez, Austin Car Accident Attorney

How Long for a car accident claim in Austin?

If you’ve been injured in a car accident in Austin, Texas, one of the first questions you might ask is, “How long do I have to file a claim?” Time is critical after a crash, and missing a deadline could mean losing your right to compensation. As an experienced Austin car accident attorney, I’ve helped countless clients navigate Texas laws to secure the justice they deserve. In this guide, I’ll break down the statute of limitations for car accident claims in Austin, exceptions you should know, and why acting quickly with a trusted lawyer matters.

Understanding the Texas Statute of Limitations for Car Accidents

In Texas, the statute of limitations for filing a personal injury claim after a car accident is two years from the date of the crash. This applies to most cases in Austin, whether you’re seeking damages for medical bills, lost wages, or pain and suffering. For example, if you were rear-ended on I-35 on April 1, 2025, you’d generally have until April 1, 2027, to file a lawsuit against the at-fault driver.

This two-year window might sound like plenty of time, but delays can jeopardize your case. Evidence like skid marks or witness memories fades fast, and insurance companies often use stalling tactics to push you past the deadline. That’s where an Austin car accident lawyer steps in—someone who knows the clock is ticking and acts fast to protect your rights.

Exceptions to the Two-Year Rule in Austin Car Accident Cases

While two years is the standard, Texas law includes exceptions that could change your filing deadline. Here are some key scenarios I’ve seen in my years practicing in Austin:

  • Minors Involved: If the injured party is under 18 at the time of the accident, the clock doesn’t start until their 18th birthday. So, a 16-year-old hurt in a crash has until age 20 to file.
  • Delayed Injuries: Some injuries, like whiplash or internal damage, aren’t obvious right away. Texas may apply the “discovery rule,” starting the two-year countdown when you discover (or reasonably should have discovered) the injury.
  • Government Vehicles: If a city bus or police car caused your accident in Austin, you’re dealing with a government entity. Claims against them often require a notice within six months, not two years.
  • Wrongful Death: If a loved one died in a car accident, the statute of limitations for a wrongful death claim is also two years, but it starts from the date of their passing, not the crash itself.

These exceptions can get tricky. I’ve handled cases where clients almost missed their chance because they didn’t realize a shorter deadline applied. Consulting an Austin car accident attorney early ensures you don’t fall through the cracks.

Why Timing Matters Beyond the Deadline

Even if you’re well within the two-year limit, waiting too long can weaken your case. Here’s why acting promptly after an Austin car accident is critical:

  • Evidence Preservation: Photos of the scene, dashcam footage, or police reports are easier to gather soon after the crash. I’ve seen cases won because we secured a key video before it was erased.
  • Witness Reliability: People forget details over time. A witness who saw a drunk driver swerve on Mopac is more credible a month later than a year later.
  • Insurance Games: Insurers might drag their feet, hoping you’ll miss the deadline or settle for less. An experienced lawyer keeps them on track.

In my practice, I’ve seen how fast action turns a shaky claim into a strong one. For instance, I once represented an Austin driver hit by an uninsured motorist. By filing quickly, we preserved evidence and won a settlement that covered her medical costs—something that might’ve slipped away with delay.

How an Austin Car Accident Lawyer Helps You Meet Deadlines

Filing a claim isn’t just about beating the clock—it’s about building a case that wins. As your Austin car accident attorney, I handle the legal heavy lifting so you can focus on healing. Here’s how I help:

  • Case Evaluation: I review your accident details—where it happened (say, on 6th Street), who was at fault, and your injuries—to confirm your deadline and strategy.
  • Evidence Collection: My team gathers police reports, medical records, and witness statements before they’re lost.
  • Negotiation: I deal with insurance companies, pushing for a fair settlement within the time frame.
  • Filing on Time: If a lawsuit is needed, I ensure all paperwork hits the court before the statute expires.

With over a decade of experience since 2008, I’ve guided Austin clients through tight deadlines and complex claims. My goal? To maximize your compensation while minimizing your stress.

Don’t Wait—Contact an Austin Car Accident Attorney Today

The clock starts ticking the moment a car accident happens in Austin. Whether you’re dealing with a fender-bender on Lamar Boulevard or a serious crash on 183, you’ve got two years—or less in some cases—to act. Missing that window could mean losing your shot at justice, no matter how strong your case is.

At Joe Lopez Law, I’m here to help you beat the deadline and win what you’re owed. Call me today at [insert phone number] for a free consultation. As an Austin car accident lawyer who’s fought for local drivers for years, I’ll review your case, explain your timeline, and get started right away. Don’t let time run out—let’s fight for your rights together.

Joe Lopez is an Austin-based car accident attorney dedicated to helping injury victims recover compensation. With a proven track record and deep knowledge of Texas law, he’s your trusted advocate after a crash.