What to do after a car accident in Texas

Every rule below is quoted from Texas law or a state agency, with a link. Checked September 17, 2026.

At fault state

Texas · At fault2 yearsto sue for injuries

The short answer

Texas is an at-fault state. The driver who causes a crash is responsible for the other person's injuries and damage. If the crash hurt or killed someone, or damaged a vehicle badly enough that it cannot be driven safely, the driver must immediately notify local police, the sheriff, or the nearest Department of Public Safety office. You have 2 years from the crash to sue over your injuries.

Deadlines in Texas

2 years
to sue for injuriesTex. Civ. Prac. & Rem. Code 16.003(a)
2 years
to sue for car or property damageTex. Civ. Prac. & Rem. Code 16.003(a)
2 years
for a family to sue after a deathTex. Civ. Prac. & Rem. Code 16.003(b)
6 months
to notify the government if a public vehicle or road was involvedTex. Civ. Prac. & Rem. Code § 101.101(a)

Miss one of these and you can lose the right to claim, even with a strong case.

At the scene

Stop, share your information and help anyone hurt

A driver in a crash that hurts, kills, or damages someone's attended vehicle must give their name, address, vehicle registration number, and insurer's name, show their license if asked, and help anyone hurt, including arranging a ride to a doctor if needed.

“give the operator's name and address, the registration number of the vehicle the operator was driving, and the name of the operator's motor vehicle liability insurer to any person injured or the operator or occupant of or person attending a vehicle involved in the collision”

Tex. Transp. Code 550.023

When you must call the police

If the crash hurt or killed someone, or damaged a vehicle badly enough that it cannot be driven safely, the driver must immediately notify local police, the sheriff, or the nearest Department of Public Safety office.

“The operator of a vehicle involved in a collision resulting in injury to or death of a person or damage to a vehicle to the extent that it cannot be normally and safely driven shall immediately by the quickest means of communication give notice of the collision to the: (1) local police department if the collision occurred in a municipality; (2) local police department or the sheriff's office if the collision occurred not more than 100 feet outside the limits of a municipality; or (3) sheriff's office or the nearest office of the department if the collision is not required to be reported under Subdivision (1) or (2).”

Tex. Transp. Code § 550.026(a)

Moving your car out of traffic

In Texas, if a crash on a freeway in a metro area only causes vehicle damage and every car involved can still be driven normally, drivers must move their cars as soon as possible to a collision investigation site, frontage road, nearest cross street, or other suitable spot off the main lanes.

“If a collision occurs on a main lane, ramp, shoulder, median, or adjacent area of a freeway in a metropolitan area and each vehicle involved can be normally and safely driven, each operator shall move the operator's vehicle as soon as possible to a designated collision investigation site, if available, a location on the frontage road, the nearest suitable cross street, or other suitable location to complete the requirements of Section 550.023 and minimize interference with freeway traffic.”

Tex. Transp. Code § 550.022(b)

In the days after

Whether you must file a report yourself

Texas does not require the driver to separately file a written crash report with the state. That duty falls on the investigating law enforcement officer, who must file an electronic report within 10 days if the crash caused injury, death, or property damage of $1,000 or more. Texas repealed its old driver-filed report requirement in 2017.

“A law enforcement officer who in the regular course of duty investigates a motor vehicle collision shall make a written report of the collision if the collision resulted in injury to or the death of a person or damage to the property of any one person to the apparent extent of $1,000 or more. The report required by Subsection (a) must be filed electronically with the department not later than the 10th day after the date of the collision.”

Tex. Transp. Code § 550.062(a)-(b)

Getting a copy of the crash report

You can buy a Texas Peace Officer's Crash Report (CR-3) online through the Crash Report Online Purchase System. A regular copy costs $6 and a certified copy costs $8.

“$6 for a regular copy. $8 for a certified copy”

TxDOT, Crash Reports and Records

Full crash report guide for Texas

Who pays for the damage

Texas is an at-fault state. The driver who causes a crash is responsible for the other person's injuries and damage.

“Liability insurance pays to repair or replace the other driver's car, or other damaged property, and pays other people's medical expenses when you're at fault in an accident.”

Texas Dept of Insurance, Auto Insurance Guide

Insurance rules in Texas

What insurance every driver must carry

Texas drivers must carry at least $30,000 in bodily injury coverage per person, $60,000 per accident, and $25,000 in property damage coverage.

“Texas law requires you to have at least $30,000 of coverage for injuries per person, up to a total of $60,000 per accident, and $25,000 of coverage for property damage. This is called 30/60/25 coverage.”

Tex. Transp. Code 601.072; Texas Dept of Insurance guide

Personal injury protection (PIP)

Texas auto policies automatically include personal injury protection unless the driver rejects it in writing. This is different from most tort states, where PIP is not required at all.

“All auto policies in Texas include PIP coverage. If you don't want it, you must tell the company in writing.”

Tex. Ins. Code Chapter 1952, Subchapter D

If the other driver has no insurance

Texas insurers must offer uninsured and underinsured motorist coverage on every policy. You do not have to buy it, but you must decline it in writing or you get it automatically.

“Insurance companies must offer you this coverage. If you don't want it, you must tell the company in writing.”

Tex. Ins. Code Chapter 1952, Subchapter C; Texas Dept of Insurance guide

Medical payments coverage

Texas does not require medical payments coverage, and it is a separate, optional product from PIP. The state page did not say insurers must offer it.

“Medical payments coverage pays your and your passengers' medical bills. It also pays if you're hurt while riding in someone else's car or while walking or biking.”

Texas Dept of Insurance, Auto Insurance Guide

If an insurance company treats you unfairly

You can file a complaint against an insurance company with the Texas Department of Insurance online through the Consumer Complaint Portal, or by calling the TDI Help Line.

“Choose the type of insurance you're having a problem with to learn more about your options”

Texas Dept of Insurance, Consumer Complaints

The deadline rules, word for word

Deadline to sue for injuries

You have 2 years from the crash to sue over your injuries.

“a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues”

Tex. Civ. Prac. & Rem. Code 16.003(a)

Deadline to sue for car damage

You have 2 years from the crash to sue over damage to your vehicle or other property.

“a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury...not later than two years after the day the cause of action accrues”

Tex. Civ. Prac. & Rem. Code 16.003(a)

Deadline for a wrongful death claim

A wrongful death lawsuit must be filed within 2 years of the death.

“A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.”

Tex. Civ. Prac. & Rem. Code 16.003(b)

If a government vehicle or road was involved

If a Texas or local government vehicle or a government's road or property caused your crash, the government must receive written notice within 6 months of the crash, unless it already actually knew about the death, injury, or property damage.

“A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred.”

Tex. Civ. Prac. & Rem. Code § 101.101(a)

Sources on this page

Each one was opened and checked on September 17, 2026.

  1. Texas Dept of Insurance, Auto Insurance Guide
  2. Tex. Civ. Prac. & Rem. Code 33.001
  3. Tex. Civ. Prac. & Rem. Code 16.003(a)
  4. Tex. Civ. Prac. & Rem. Code § 101.101(a)
  5. Tex. Transp. Code § 550.026(a)
  6. Tex. Transp. Code 550.023
  7. Tex. Transp. Code § 550.022(b)
  8. TxDOT, Crash Reports and Records
  9. Texas Dept of Insurance, Consumer Complaints
  10. Tex. Disciplinary Rules Prof'l Conduct R. 1.04(d)

Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.