How Long Do You Have to File a Motorcycle Accident Claim in Texas?
Two years from the collision, with a small number of exceptions and one major one that catches people out. Missing it ends the claim regardless of how strong it was.
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The general rule is two years
Section 16.003 of the Texas Civil Practice and Remedies Code gives two years from the date of the collision to file suit on a personal injury claim.
Filing means starting a lawsuit in court. It does not mean notifying an insurer, opening a claim or exchanging correspondence. Riders regularly assume an active claim protects the deadline. It does not, and an insurer is under no obligation to warn you.
Negotiating does not pause the clock
An insurer can negotiate in good faith right up to the limitations date and then decline to settle, at which point the claim is worthless. Nothing about that is improper.
This is why claims are often filed while negotiation continues. Filing preserves the right and does not commit anyone to a trial; most filed cases still settle.
Wrongful death runs from the death, not the crash
Where a rider dies, the wrongful death and survival claims run two years from the date of death. If death follows the collision after a period in hospital, those are different dates.
The distinction matters in exactly the cases where families are least able to attend to it, and it is worth confirming rather than assuming.
Claims involving a government body have much shorter deadlines
This is the exception that ends claims most often. Where a city, county or state entity may be responsible, through a road defect, a signal failure or a government vehicle, the Texas Tort Claims Act requires formal written notice.
The statutory period is six months, and many cities impose considerably shorter periods by charter, some as short as ninety days. Miss the notice and the claim is barred no matter how clear the liability. If a public road defect or a government vehicle was involved, treat this as urgent.
Where the period is extended
A claimant who was a minor at the time generally has until two years after turning eighteen. Legal incapacity can also toll the period.
There are narrow circumstances in which a defendant's absence from the state or concealment affects the calculation. These are exceptions argued on specific facts, not a general safety net, and none should be relied on without advice.
Why two years is less time than it sounds
The limitations date is the outside edge, not the working timetable. Evidence has to be gathered while it exists, treatment has to stabilize before value is known, and a demand has to be prepared and negotiated.
Video is gone in days. Scene evidence is gone in weeks. A rider who waits eighteen months to seek advice has technically preserved the deadline and practically lost the evidence.
Summary
| Claim | Deadline | Runs from |
|---|---|---|
| Personal injury | 2 years | Date of the collision |
| Wrongful death and survival | 2 years | Date of death |
| Against a city, county or state entity | Formal notice in months, often 90 days | Date of the incident, per statute and city charter |
| Claimant was a minor | Generally 2 years from turning 18 | 18th birthday |
| Property damage | 2 years | Date of the collision |
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Frequently asked questions
Two years from the date of the collision for a personal injury claim. Filing means starting a lawsuit in court, not notifying an insurer or opening a claim.
No. An insurer can negotiate right up to the limitations date and then decline to settle. Nothing about the claim being open pauses the statutory period.
Much shorter. The Texas Tort Claims Act requires formal written notice within six months, and many cities impose shorter periods by charter, some as short as ninety days. Missing notice bars the claim regardless of the merits.
Generally yes. A claimant who was a minor at the time usually has until two years after turning eighteen, though the position should be confirmed rather than assumed.
Talk it through with a lawyer
A free consultation covers whether you have a claim, what the deadline is, and what insurance is actually available.
Contingency fee. You pay nothing unless we win.