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How long do you have to file a claim after you were hit in Texas? In most cases it is 2 years, but it depends: there may be another claim, with another deadline, under your own policy.
To sue the person who hit you for negligence, you generally have 2 years. But if your case falls under your own UM/UIM coverage (when the other driver has no insurance, very little, or fled the scene), that claim is based on your contract with your insurer and you usually have about 4 years. The real question is not how much time you have, but what is in your best interest: the sooner you see a doctor and act, the stronger your case.
In most cases you have 2 years to file a lawsuit against the person who hit you through negligence.
If the driver who hit you has no insurance, very little, or fled, there may be a claim under your uninsured or underinsured motorist coverage (UM/UIM). That claim is based on the contract you have with your insurer, so other laws apply and you generally have about 4 years.
Technically you have 2 years, but sooner is always better. Here is why.
In an injury claim we are arguing that the crash caused your injury, and part of the work is connecting those two things. If you see a doctor right away, that connection is simple. If you wait a month, 6 months or a year, the insurer calls it a "gap in treatment" and argues that if you had really been hurt, you would have gone immediately. That first visit puts your injury on record with a date. You can still have a case if you wait two months or a year, but building it is more complex.
We review your case fast, confirm which deadline applies, and act in time to preserve the evidence and protect your claim. We handle your case in Spanish and English, you talk directly with our team, and we charge nothing unless we win. The consultation is free and with no obligation.
This page is provided by Carreras Law Firm, PLLC for general informational and educational purposes only. It is not legal advice and is not a substitute for advice from a licensed attorney about your specific situation. Every case is different, and the law changes over time. Reading this page, or contacting our firm through this website, does not create an attorney-client relationship. Please do not send confidential information until an attorney-client relationship has been established in writing. Nothing on this page guarantees any particular result. If you have been injured in Texas, contact Carreras Law Firm, PLLC for a free consultation with an attorney. Attorney Markin Carreras is licensed to practice law in Texas. Principal office in Houston, Texas.
Do not let it slide. Tell us when the crash happened and we will tell you, at no cost, which deadline applies to your case.