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In Texas how long do I have to file a lawsuit for injuries sustained in a car accident? What about property damage to my car?

Texas as most states has a statute of limitations for filing a lawsuit with regards to damages or injuries that were sustained in a motor vehicle accident (MVA).

You should seek legal advice from an attorney, but you can use this information for informational purposes. CarInsurance.com is a licensed insurance agency, not legal experts.

Texas law requires a person file suit within a specified period of time, depending on the type of claim they make. For claims concerning personal injury, this means you are seeking compensation for medical expenses, pain and suffering, and lost wages, Texas law specifies a two year statute of limitation. For claims regarding property damage, such as damage to the person's vehicle, or other property, Texas specifies a four year statute of limitations.

This means that for personal injury claims, you may only file your suit within two years from the date of the accident and for property claims within four years from the date of the accident. Texas law prohibits any lawsuits to be filed after the expiration of the statute of limitations.

If you were injured and your car was damaged in a car accident and you were not at-fault than normally before going to the trouble of filing a lawsuit you would put a claim against the at-fault party's Liability coverages - Bodily Injury Liability and Property Damage Liability. If the person did not have insurance or if you were able to settle your claim with the person's insurer and you wanted to file suit you would need to do so within the statute of limitations TX has in place.

Before trying to file a lawsuit you may first want to get legal advice from a lawyer familiar with this type of Texas law. We are not legal experts and cannot give out legal advice on your situation but would suggest that if need be that you should consult with a qualified attorney as soon as possible to ensure that your suit is filed within the applicable statute of limitations in Texas.

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This car insurance question was asked on 10/27/2009
This auto insurance answer was last updated on 11/3/2009
Pam requested this car insurance solution.
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