If you were hurt in a crash in McAllen, TX, the clock on your right to sue started running the day of the accident. Missing the car accident lawsuit deadline in Texas means a court will almost certainly dismiss your case — no matter how clear-cut the facts are.

Most people dealing with injuries, rental cars, and insurance calls have no idea a legal deadline even exists. This page explains how the timeline works, what can change it, and why waiting — even a few months — can quietly hurt your options.

What Is the Car Accident Lawsuit Deadline in Texas?

Texas gives most car accident victims two years from the date of the crash to file a personal injury lawsuit — this is called the statute of limitations. If the accident involved a fatality, the same two-year window generally applies to a wrongful death claim. An attorney can confirm exactly how the deadline applies to the specific facts of your case.

Two years sounds like a long time. It isn't. Building a strong claim takes time — collecting the police report, gathering medical records, documenting lost wages, and sometimes reconstructing the accident itself.

Does the Deadline Change Depending on Who Was Hurt?

The deadline can shift when certain people are involved, and those exceptions are easy to miss. For example, claims involving a minor child or a government vehicle follow different rules. Here are three situations where the standard two-year window may not apply:

  • A child injured in the crash (the clock may not start until they turn 18)
  • A crash involving a city, county, or state vehicle (notice deadlines can be much shorter — sometimes as little as six months)
  • A victim who was mentally incapacitated at the time of the accident

If your McAllen crash involved a city bus, a county vehicle, or any government-operated car, you may need to file a formal notice of claim well before the two-year mark. Talk to an attorney quickly in those situations.

What Happens If I Miss the Filing Deadline?

Missing the deadline almost always means you lose your right to sue, permanently. The at-fault driver's attorney will file a motion to dismiss, and in most cases the court will grant it — regardless of how serious your injuries are or how clearly the other driver was at fault.

This is not a technicality that can be talked around. Courts in Texas apply the statute of limitations strictly. Once that window closes, even a strong case typically cannot be filed.

Why Shouldn't I Just Wait and See How My Injuries Develop?

Waiting on a "wait and see" approach is one of the most common ways car accident claims fall apart. Evidence disappears fast — surveillance footage from businesses along busy McAllen corridors like 10th Street or Expressway 83 often gets recorded over within days or weeks. Witness memories fade. Vehicles get repaired or scrapped.

Your medical records also matter here. A gap between the crash and your first doctor visit — or a gap between visits — gives insurers an opening to argue your injuries weren't serious or weren't caused by the accident. Consistent treatment protects both your health and your claim.

Beyond evidence, an attorney needs time to investigate, negotiate with the insurer, and prepare for litigation if a fair settlement isn't offered. Starting early preserves those options.

Does Filing a Claim With Insurance Reset the Lawsuit Deadline?

No — filing an insurance claim does not pause or extend the two-year lawsuit deadline. These are two separate processes. You can file with the at-fault driver's insurer and still run out of time to sue if negotiations drag on past the deadline.

Insurance adjusters know the statute of limitations exists. Some negotiations extend close to the deadline, leaving claimants with little time to file if a fair offer never comes. An attorney tracks that calendar so you don't accidentally sign away your right to sue while a settlement discussion is still open.

Before giving a recorded statement to the other driver's insurer, it's worth speaking with an attorney first. Recorded statements can be used against you, and adjusters are trained to ask questions in ways that can minimize a claim.

How Does Texas Comparative Fault Affect Whether I Should File?

Texas follows a modified comparative fault rule, which means you can still recover damages even if you were partly at fault — up to a point. Generally, if you are found to be 51 percent or more responsible for the crash, you cannot recover anything. Below that threshold, your damages are reduced by your percentage of fault. An attorney can review the specific facts of your accident and how fault is likely to be assessed.

This rule matters because insurers in McAllen, TX — and everywhere else — often try to shift blame onto the injured driver to reduce what they pay. Having legal representation levels that playing field.

What If the At-Fault Driver Had No Insurance?

An uninsured or underinsured driver does not eliminate your options — your own policy may provide coverage. Uninsured/underinsured motorist (UM/UIM) coverage is designed for exactly this situation. The same deadline considerations generally apply when making a UM/UIM claim, and your own insurer still has obligations under your policy.

Texas has a significant number of uninsured drivers on the road, and crashes in Hidalgo County are no exception. Knowing what coverage you carry before you need it matters — after a crash, an attorney can help you identify every available source of recovery.

Frequently Asked Questions

How long do I have to file a car accident lawsuit in Texas?

In most cases, two years from the date of the accident. Exceptions exist for minors, government vehicles, and certain incapacity situations. An attorney can confirm the deadline for your specific claim.

Does filing an insurance claim stop the lawsuit clock in Texas?

No. Filing an insurance claim does not pause the statute of limitations. The two-year deadline runs independently of any insurance negotiation. Missing it typically ends your right to sue.

What if I was partly at fault for the McAllen crash?

Texas allows recovery if you were less than 51 percent at fault, though your damages are reduced by your share of fault. An attorney can review how fault is likely to be divided in your case.

Can I still sue if the other driver was uninsured?

Possibly. Your own uninsured motorist coverage may apply. The same general filing deadlines still exist. An attorney can identify what coverage is available and how to pursue it.

How soon should I contact an attorney after a crash in McAllen, TX?

As soon as possible. Evidence fades quickly, and an attorney needs time to build your claim, negotiate, and file before the deadline. There is no benefit to waiting.

If you were hurt in a crash in McAllen, TX, and you're unsure where the deadline stands for your case, After the Crash can connect you with a local, licensed car accident attorney for a free case review — at no cost and no obligation to you. Start your free case review here.