The clock starts ticking the moment the crash happens.
One second, you’re driving through San Antonio, minding your own business. The next—screeching tires, a sickening jolt, and a whirlwind of pain, confusion, and flashing red-and-blue lights. After the dust settles, reality bites. Your vehicle is a mess. Medical bills are accumulating. You’re losing time at work. And in the midst of it, somehow, there is some legal deadline you can’t afford to miss.
So how much time do you actually have to file your claim for personal injury? Let’s lay it out. Or you can Read here: How Long Do You Have to File a Personal Injury Claim After a Car Accident in San Antonio?
Texas Law: The Two-Year Rule
Texas statute of limitations gives you two years from the time of the accident to file a personal injury action. Plenty of time, huh? Think again. Evidence evaporates, witnesses disappear, and insurance companies will do their best to delay, deny, and devalue your claim. Don’t wait.
Important: If you’re only dealing with an insurance claim and not a lawsuit, different deadlines may apply. Insurers often require prompt reporting, sometimes within days of the accident.
Exceptions That Could Shorten (or Extend) Your Deadline
The two-year statute of limitations isn’t set in stone for everyone. Certain circumstances can alter your filing window, for better or worse.
1. Claims Against Government Entities
Hit by a city bus? Injured because of a dangerous road condition? You don’t get two years.
Filing against a government agency in Texas means you must submit a notice of claim within six months of the accident. Some cities, like San Antonio, have even stricter deadlines. Miss that deadline, and your case is dead on arrival.
2. Minors or Legally Incapacitated Victims
If the injured person is under 18 or legally incapacitated, the time may not yet have started. In these cases, the statute of limitations may be suspended until the minor is 18 or the incapacitation ends. But don’t always wait—evidence is easier to collect the sooner the better.
3. Hit-and-Run or Uninsured Drivers
If the responsible driver left the scene or was uninsured, the claims process could include your own uninsured/underinsured motorist coverage. These types of cases are tricky, with policy-specific time limits that differ. Review your policy and move quickly.
Why Filing Early Is Important
Don’t wait until the last minute. Here’s why filing early is important:
– Improved Evidence: Skid marks vanish, security tapes are erased, and memories lose their edge. The sooner you report the accident, the better.
– Medical Evidence: Delaying to treat or report can give insurers fodder to deny your injuries weren’t serious—or weren’t even caused by the accident.
– Negotiating Power: Insurance adjusters love procrastinators. Reporting early gives you time to negotiate without the anxiety of a deadline hanging over your head.
– Peace of Mind: Legal battles are stressful enough without a countdown clock looming over your head.
read more : The Different Ways a Car Accident Can Impact a Person’s Life
What if You Miss the Deadline?
In most cases? You lose your right to a payment.
If you try to file after the statute of limitations expires, the court will likely dismiss your case. Insurance companies know this, and they won’t take a late claim seriously. No lawsuit means no leverage—which means no fair settlement.
There are rare exceptions, like fraud or delayed discovery of an injury, but don’t count on them saving your case. If you’re close to the deadline, get legal help immediately.
Your Next Move
If you’ve been in a car accident in San Antonio, don’t wait. Even if you’re unsure about filing a claim, a quick consultation with a personal injury lawyer can clarify your options. The worst mistake? Assuming you have more time than you actually do.
