How Long Do You Have to Make an Auto Accident Claim in Texas?
Every year, I get a lot of calls from people who have been hurt in a car wreck but have waited too late to make claim. Sometimes the calls come to me right before the deadline and the caller thinks all they have to do is let the insurance company know about the claim and that by doing so all deadlines are complied with. However, that is wrong. The law in Texas is that you must either resolve the car accident claim or file a lawsuit within two years of the wreck. This is called the Statute of Limitations and it is very strict. Even if you have been talking to the insurance adjuster, thinking everything will work out, and you let the two year anniversary pass you by, you are out of luck. If you, or your attorney, actually files the lawsuit two years and a day after the accident, that is too long and you have lost your right to seek any compensation for your medical bills, lost wages and pain and suffering.
But even though you have two years to file the lawsuit, that does not mean you should put off making a claim or hiring an attorney. Most attorneys, including myself, are hesitant to make a claim unless we can have time to investigate whether the claim will ultimately be successful. I usually need to see the police officer’s accident report and evaluate the medical records, which is impossible to do prior to filing a suit if I am contacted right before the two year deadline. So do yourself a favor and contact an attorney as soon as you have decided to make a claim. Or if you are going at it alone, make sure to save some time to find an attorney in case your attempt to settle your claim pre-suit is unsuccessful.
Information provide by Dallas Fort Worth Car Accident Lawyer Mark A. Anderson, who can be contacted in Dallas at 214-327-8000, in Fort Worth at 817-294-1900 and toll free in Texas at 877-294-1115.
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