Texas Motor Vehicle Accident Claims: Common FAQs Answered

Motor vehicle accidents can be traumatic experiences that leave victims with physical injuries, emotional distress, and financial burdens. Navigating the claims process can be overwhelming, especially when you are already dealing with the aftermath of a crash. This post answers the questions we hear most often, with the answers that apply under Texas law. Deadlines, fault rules, and insurance requirements vary significantly from state to state, and the Texas rules are the ones that govern a wreck that happens here.

What Should I Do Immediately After an Accident?

The moments following an accident can be chaotic. Here are the essential steps to take:

1. Check for Injuries: Ensure that you and others involved are safe. Call emergency services if anyone is injured.

2. Move to Safety: If possible, move your vehicle to a safe location to prevent further accidents.

3. Call the Police: A Texas Peace Officer's Crash Report (CR-3) can be important to your claim. Give accurate information, but do not guess at speeds or distances and do not admit fault.

4. Document the Scene: Take photos of the accident scene, vehicle damage, and any relevant road conditions.

5. Exchange Information: Collect names, contact details, and insurance information from all parties involved.

6. Notify Your Insurance Company: Report the accident to your own insurer promptly. Most policies make timely notice a condition of coverage.

How Do I Know If I Have a Valid Claim?

Determining the validity of your claim depends on several factors:

• Negligence: If another driver was at fault due to reckless or negligent behavior, you may have a valid claim.

• Injuries: Documented injuries resulting from the accident can strengthen your case.

• Insurance Coverage: Whether the at-fault party carries insurance, and how much, affects what can realistically be recovered. Your own coverage matters too.

• Evidence: Strong evidence, such as crash reports, witness statements, and medical records, can support your claim.

What Types of Compensation Can I Claim?

Victims of motor vehicle accidents may be entitled to various types of compensation, including:

• Medical Expenses: Hospital bills, rehabilitation, and ongoing medical care. In Texas, recovery of these expenses is limited by Tex. Civ. Prac. & Rem. Code § 41.0105 to the amount actually paid or incurred — not necessarily the amount originally billed.

• Lost Wages: Compensation for income lost due to inability to work after the accident, and for reduced earning capacity going forward.

• Pain and Suffering: Damages for physical pain, physical impairment, and mental anguish caused by the accident.

• Property Damage: Repair or replacement of your vehicle and personal property.

How Long Do I Have to File a Claim in Texas?

In Texas, the general deadline is two years — not three. Under Tex. Civ. Prac. & Rem. Code § 16.003(a), you must file suit for personal injury within two years of the day the cause of action accrues, which is normally the date of the crash. If the crash caused a death, § 16.003(b) gives two years from the date of death. Miss the deadline and the claim is barred no matter how strong it otherwise was.

Several deadlines are much shorter than two years, and those are the ones that catch people:

• A claim against a governmental unit: six months. If a city, county, transit authority, school district, or state agency is involved — a METRO bus, a city or county vehicle, a dangerous road condition — Tex. Civ. Prac. & Rem. Code § 101.101(a) requires written notice of the claim not later than six months after the incident, describing the injury, the time and place, and the incident itself.

• A claim against the City of Houston: ninety days. Section 101.101(b) expressly ratifies shorter notice periods set by a city charter, and the City of Houston's charter requires written, verified notice within 90 days. A claim against the City can be dead three months after the wreck while you still believe you have two years.

• Your own insurance policy. Most policies require prompt notice of a claim as a condition of coverage. That deadline comes from your contract rather than a statute, and it is usually far shorter than two years.

Some deadlines run longer. Under Tex. Civ. Prac. & Rem. Code § 16.001, the limitations clock does not run while an injured person is under 18, so a child's own claim generally survives until two years after their eighteenth birthday. That does not extend a parent's separate claim for the child's medical expenses. Because these rules interact, the safe approach is to have the dates checked rather than assuming you have two years.

Should I Hire a Lawyer?

It is possible to handle a claim on your own, and for a minor property-damage-only claim many people do. Legal help matters most when:

• The accident involved serious injuries or a death.

• There is a dispute over fault or liability — which, given the Texas 51% bar explained below, can decide whether you recover anything at all.

• A governmental unit is involved, and a short notice deadline is running.

• You are having difficulty with an insurance company, including your own.

A lawyer can handle the legal complexities, deal with the insurers, and pursue the full measure of what the law allows you to recover.

What If the Other Driver Is Uninsured?

If you are involved in an accident with an uninsured or underinsured driver, you still have options:

• Uninsured/Underinsured Motorist Coverage: If you carry this coverage, it can cover damages the at-fault driver cannot.

• Personal Injury Protection (PIP): This pays medical expenses and some lost income regardless of fault.

• Legal Action: You may sue the uninsured driver directly, though collecting can be difficult if they have no assets.

Two Texas-specific points here. First, check your own policy before assuming you have no coverage — many Texas drivers carry UM/UIM and PIP without realizing it.

Second, a UIM claim does not work like an ordinary insurance claim, and this surprises almost everyone. In Brainard v. Trinity Universal Insurance Co., 216 S.W.3d 809 (Tex. 2006), the Texas Supreme Court held that a UIM insurer has no contractual duty to pay benefits until the insured obtains a judgment establishing the other motorist's liability and underinsured status. In practical terms: demanding your policy limits does not by itself obligate your insurer to pay, and neither a settlement with the at-fault driver nor that driver's admission of fault establishes UIM coverage. This is one of the areas where handling a claim alone most often goes wrong.

What Happens If I Was Partially at Fault?

Texas follows a modified comparative fault rule, set out in Tex. Civ. Prac. & Rem. Code § 33.001 and commonly called the 51% bar. If your share of responsibility is greater than 50%, you recover nothing at all. If your share is 50% or less, your recovery is reduced by your percentage of fault — found 20% responsible on $100,000 in damages, you recover $80,000.

This is exactly why an adjuster works so hard to attach a share of the blame to you, and why what you say in a recorded statement matters so much. Fault is determined on the evidence, not on the adjuster's first impression of it.

How Is Pain and Suffering Calculated?

Calculating pain and suffering is not a formula exercise. Insurers commonly reference one of two methods:

1. Multiplier Method: Multiplying total medical expenses by a factor based on the severity of the injuries.

2. Per Diem Method: Assigning a daily rate and multiplying it by the number of days the person is in pain.

It is worth being clear about what these are. Both are insurance-industry negotiating conventions, not rules of Texas law. No Texas statute or case requires any multiplier, and a jury is never instructed to use one. A jury is asked to find a sum of money that would fairly and reasonably compensate the specific person for the specific harm. The multiplier is also distorted by Tex. Civ. Prac. & Rem. Code § 41.0105, which limits recovery of medical expenses to the amount actually paid or incurred — so the billed figure an adjuster multiplies from is often not the number that legally matters.

What Should I Avoid During the Claims Process?

A few things reliably damage otherwise good claims:

• Admitting Fault: Do not admit fault at the scene or in communications with insurers. Under the 51% bar, a share of blame is not a small concession.

• Delaying Medical Treatment: Seek medical attention promptly. A gap in treatment is the first thing an adjuster uses to argue you were not really hurt.

• Accepting Early Settlements: An early offer often arrives before anyone knows how the injuries will resolve, and a signed release ends the claim permanently. Get advice before accepting anything.

• Letting the Deadline Run While You Negotiate: Nothing about an active claim discussion pauses the two-year limitations period, and an insurer has no obligation to remind you it is running.

How Can I Strengthen My Claim?

To bolster your claim, consider these steps:

• Keep Detailed Records: Maintain records of medical treatment, expenses, missed work, and all correspondence with insurers.

• Gather Evidence: Collect photos, witness contact information, and the CR-3 crash report.

• Follow Medical Advice: Attend your appointments and follow through on referrals. Consistency in treatment is what makes an injury claim credible.

What If My Claim Is Denied?

This is where a lot of general online advice gets Texas law wrong. An auto insurance denial is not like a health-plan denial: there is no administrative appeal process with a right to internal review. Start by getting the denial in writing and reading the stated reason. What you actually have in Texas are these options.

• File suit within limitations. Against the at-fault driver, a lawsuit is the remedy, and the two-year clock in § 16.003(a) keeps running throughout any negotiation.

• If the claim is against your own insurer, the Insurance Code applies. Chapter 542 sets deadlines for acknowledging, investigating, and paying a claim. Under § 542.060, an insurer that fails to comply is liable for interest on the claim at 18 percent a year as damages, plus reasonable attorney's fees. Chapter 541 separately addresses unfair settlement practices, including refusing to pay a claim without conducting a reasonable investigation.

• File a complaint with the Texas Department of Insurance. This creates a record and sometimes moves a stalled claim, but it is not a substitute for suit and it does not extend any deadline.

The distinction matters more than it sounds: appealing a denial is not a Texas remedy, and time spent waiting on one is time off your limitations clock.

Conclusion

Motor vehicle accident claims are complicated, but understanding the Texas rules that actually govern them puts you in a much better position to protect your claim. Document everything, get medical attention, watch the deadlines — particularly the short ones against a governmental unit — and do not let an insurer's timeline become your timeline. Whether you handle the claim yourself or bring in a lawyer, being informed is the best protection you have.

Talk to a Houston Car Accident Lawyer

If you have questions about a crash in Harris, Fort Bend, Montgomery, Brazoria, or Galveston County, call (346) 344-2007 or visit demersonlegal.com. The Demerson Firm, PLLC, 8323 SW Freeway, Ste. 415, Houston, TX 77074.

This article is provided for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship with The Demerson Firm, PLLC. Texas law changes, and the outcome of any claim depends on its specific facts. Deadlines in particular are unforgiving and vary with who the defendant is, so speak with a licensed Texas attorney about your own situation rather than relying on a general article.

Motor vehicle accidents can be traumatic experiences that leave victims with physical injuries, emotional distress, and financial burdens. Navigating the claims process can be overwhelming, especially when you are already dealing with the aftermath of a crash. This post answers the questions we hear most often, with the answers that apply under Texas law. Deadlines, fault rules, and insurance requirements vary significantly from state to state, and the Texas rules are the ones that govern a wreck that happens here.

What Should I Do Immediately After an Accident?

The moments following an accident can be chaotic. Here are the essential steps to take:

1. Check for Injuries: Ensure that you and others involved are safe. Call emergency services if anyone is injured.

2. Move to Safety: If possible, move your vehicle to a safe location to prevent further accidents.

3. Call the Police: A Texas Peace Officer's Crash Report (CR-3) can be important to your claim. Give accurate information, but do not guess at speeds or distances and do not admit fault.

4. Document the Scene: Take photos of the accident scene, vehicle damage, and any relevant road conditions.

5. Exchange Information: Collect names, contact details, and insurance information from all parties involved.

6. Notify Your Insurance Company: Report the accident to your own insurer promptly. Most policies make timely notice a condition of coverage.

How Do I Know If I Have a Valid Claim?

Determining the validity of your claim depends on several factors:

• Negligence: If another driver was at fault due to reckless or negligent behavior, you may have a valid claim.

• Injuries: Documented injuries resulting from the accident can strengthen your case.

• Insurance Coverage: Whether the at-fault party carries insurance, and how much, affects what can realistically be recovered. Your own coverage matters too.

• Evidence: Strong evidence, such as crash reports, witness statements, and medical records, can support your claim.

What Types of Compensation Can I Claim?

Victims of motor vehicle accidents may be entitled to various types of compensation, including:

• Medical Expenses: Hospital bills, rehabilitation, and ongoing medical care. In Texas, recovery of these expenses is limited by Tex. Civ. Prac. & Rem. Code § 41.0105 to the amount actually paid or incurred — not necessarily the amount originally billed.

• Lost Wages: Compensation for income lost due to inability to work after the accident, and for reduced earning capacity going forward.

• Pain and Suffering: Damages for physical pain, physical impairment, and mental anguish caused by the accident.

• Property Damage: Repair or replacement of your vehicle and personal property.

How Long Do I Have to File a Claim in Texas?

In Texas, the general deadline is two years — not three. Under Tex. Civ. Prac. & Rem. Code § 16.003(a), you must file suit for personal injury within two years of the day the cause of action accrues, which is normally the date of the crash. If the crash caused a death, § 16.003(b) gives two years from the date of death. Miss the deadline and the claim is barred no matter how strong it otherwise was.

Several deadlines are much shorter than two years, and those are the ones that catch people:

• A claim against a governmental unit: six months. If a city, county, transit authority, school district, or state agency is involved — a METRO bus, a city or county vehicle, a dangerous road condition — Tex. Civ. Prac. & Rem. Code § 101.101(a) requires written notice of the claim not later than six months after the incident, describing the injury, the time and place, and the incident itself.

• A claim against the City of Houston: ninety days. Section 101.101(b) expressly ratifies shorter notice periods set by a city charter, and the City of Houston's charter requires written, verified notice within 90 days. A claim against the City can be dead three months after the wreck while you still believe you have two years.

• Your own insurance policy. Most policies require prompt notice of a claim as a condition of coverage. That deadline comes from your contract rather than a statute, and it is usually far shorter than two years.

Some deadlines run longer. Under Tex. Civ. Prac. & Rem. Code § 16.001, the limitations clock does not run while an injured person is under 18, so a child's own claim generally survives until two years after their eighteenth birthday. That does not extend a parent's separate claim for the child's medical expenses. Because these rules interact, the safe approach is to have the dates checked rather than assuming you have two years.

Should I Hire a Lawyer?

It is possible to handle a claim on your own, and for a minor property-damage-only claim many people do. Legal help matters most when:

• The accident involved serious injuries or a death.

• There is a dispute over fault or liability — which, given the Texas 51% bar explained below, can decide whether you recover anything at all.

• A governmental unit is involved, and a short notice deadline is running.

• You are having difficulty with an insurance company, including your own.

A lawyer can handle the legal complexities, deal with the insurers, and pursue the full measure of what the law allows you to recover.

What If the Other Driver Is Uninsured?

If you are involved in an accident with an uninsured or underinsured driver, you still have options:

• Uninsured/Underinsured Motorist Coverage: If you carry this coverage, it can cover damages the at-fault driver cannot.

• Personal Injury Protection (PIP): This pays medical expenses and some lost income regardless of fault.

• Legal Action: You may sue the uninsured driver directly, though collecting can be difficult if they have no assets.

Two Texas-specific points here. First, check your own policy before assuming you have no coverage — many Texas drivers carry UM/UIM and PIP without realizing it.

Second, a UIM claim does not work like an ordinary insurance claim, and this surprises almost everyone. In Brainard v. Trinity Universal Insurance Co., 216 S.W.3d 809 (Tex. 2006), the Texas Supreme Court held that a UIM insurer has no contractual duty to pay benefits until the insured obtains a judgment establishing the other motorist's liability and underinsured status. In practical terms: demanding your policy limits does not by itself obligate your insurer to pay, and neither a settlement with the at-fault driver nor that driver's admission of fault establishes UIM coverage. This is one of the areas where handling a claim alone most often goes wrong.

What Happens If I Was Partially at Fault?

Texas follows a modified comparative fault rule, set out in Tex. Civ. Prac. & Rem. Code § 33.001 and commonly called the 51% bar. If your share of responsibility is greater than 50%, you recover nothing at all. If your share is 50% or less, your recovery is reduced by your percentage of fault — found 20% responsible on $100,000 in damages, you recover $80,000.

This is exactly why an adjuster works so hard to attach a share of the blame to you, and why what you say in a recorded statement matters so much. Fault is determined on the evidence, not on the adjuster's first impression of it.

How Is Pain and Suffering Calculated?

Calculating pain and suffering is not a formula exercise. Insurers commonly reference one of two methods:

1. Multiplier Method: Multiplying total medical expenses by a factor based on the severity of the injuries.

2. Per Diem Method: Assigning a daily rate and multiplying it by the number of days the person is in pain.

It is worth being clear about what these are. Both are insurance-industry negotiating conventions, not rules of Texas law. No Texas statute or case requires any multiplier, and a jury is never instructed to use one. A jury is asked to find a sum of money that would fairly and reasonably compensate the specific person for the specific harm. The multiplier is also distorted by Tex. Civ. Prac. & Rem. Code § 41.0105, which limits recovery of medical expenses to the amount actually paid or incurred — so the billed figure an adjuster multiplies from is often not the number that legally matters.

What Should I Avoid During the Claims Process?

A few things reliably damage otherwise good claims:

• Admitting Fault: Do not admit fault at the scene or in communications with insurers. Under the 51% bar, a share of blame is not a small concession.

• Delaying Medical Treatment: Seek medical attention promptly. A gap in treatment is the first thing an adjuster uses to argue you were not really hurt.

• Accepting Early Settlements: An early offer often arrives before anyone knows how the injuries will resolve, and a signed release ends the claim permanently. Get advice before accepting anything.

• Letting the Deadline Run While You Negotiate: Nothing about an active claim discussion pauses the two-year limitations period, and an insurer has no obligation to remind you it is running.

How Can I Strengthen My Claim?

To bolster your claim, consider these steps:

• Keep Detailed Records: Maintain records of medical treatment, expenses, missed work, and all correspondence with insurers.

• Gather Evidence: Collect photos, witness contact information, and the CR-3 crash report.

• Follow Medical Advice: Attend your appointments and follow through on referrals. Consistency in treatment is what makes an injury claim credible.

What If My Claim Is Denied?

This is where a lot of general online advice gets Texas law wrong. An auto insurance denial is not like a health-plan denial: there is no administrative appeal process with a right to internal review. Start by getting the denial in writing and reading the stated reason. What you actually have in Texas are these options.

• File suit within limitations. Against the at-fault driver, a lawsuit is the remedy, and the two-year clock in § 16.003(a) keeps running throughout any negotiation.

• If the claim is against your own insurer, the Insurance Code applies. Chapter 542 sets deadlines for acknowledging, investigating, and paying a claim. Under § 542.060, an insurer that fails to comply is liable for interest on the claim at 18 percent a year as damages, plus reasonable attorney's fees. Chapter 541 separately addresses unfair settlement practices, including refusing to pay a claim without conducting a reasonable investigation.

• File a complaint with the Texas Department of Insurance. This creates a record and sometimes moves a stalled claim, but it is not a substitute for suit and it does not extend any deadline.

The distinction matters more than it sounds: appealing a denial is not a Texas remedy, and time spent waiting on one is time off your limitations clock.

Conclusion

Motor vehicle accident claims are complicated, but understanding the Texas rules that actually govern them puts you in a much better position to protect your claim. Document everything, get medical attention, watch the deadlines — particularly the short ones against a governmental unit — and do not let an insurer's timeline become your timeline. Whether you handle the claim yourself or bring in a lawyer, being informed is the best protection you have.

Talk to a Houston Car Accident Lawyer

If you have questions about a crash in Harris, Fort Bend, Montgomery, Brazoria, or Galveston County, call (346) 344-2007 or visit demersonlegal.com. The Demerson Firm, PLLC, 8323 SW Freeway, Ste. 415, Houston, TX 77074.

This article is provided for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship with The Demerson Firm, PLLC. Texas law changes, and the outcome of any claim depends on its specific facts. Deadlines in particular are unforgiving and vary with who the defendant is, so speak with a licensed Texas attorney about your own situation rather than relying on a general article.