If you’ve recently been in a car accident in Texas, you’re probably wondering how long you have to file a claim for damage to your vehicle. Here’s what you need to know.
Understanding the Deadline to File a Property Damage Claim in Texas
After a car accident, there’s a legal window during which you can pursue compensation for property damage. In Texas, the statute of limitations for vehicle damage is two years from the date of the accident. This means you typically have up to 24 months to file a claim with the at-fault driver’s insurance company or initiate a lawsuit in civil court.
Even though two years may seem like a long time, it’s best not to wait. Insurance companies often require you to notify them within days or weeks, not years. Delaying too long could lead to complications in proving liability, damage value, or even identifying the responsible party.
Do You File a Claim With Your Insurance or Theirs?
Many people wonder whether to contact their own insurance company or the other driver’s. The answer depends on the situation.
If the other driver was clearly at fault, their insurance should cover the damage. But if there’s a delay in processing or a dispute over fault, you may need to file through your own policy especially if you carry collision coverage. Your company may then seek reimbursement through a process called subrogation.
It’s also important to check your own policy’s time limits. Some insurers require notification within a short time after the accident, even if you don’t immediately pursue a claim.
How Long Does It Take to Process a Vehicle Damage Claim?
Once you file your claim, the insurance company will assign an adjuster who inspects the damage, reviews documentation, and determines the payout. In Texas, insurers are required to acknowledge a claim within 15 days, and in most cases, they must accept or reject the claim within 45 days after receiving all required information.
However, delays can happen especially if fault is unclear or if multiple parties are involved. That’s why acting quickly is always in your best interest. The sooner you report the incident, the sooner you can repair your car and get back on the road.
Can I Still File If I Didn’t Notice the Damage Right Away?
It’s not unusual for someone to discover hidden damage days or even weeks after a crash. But does that delay your right to file a claim? Not necessarily.
As long as you’re still within the two-year time frame, you can usually proceed. However, the longer you wait, the more room there is for the insurance company to argue that the damage may have come from something other than the accident. Be sure to document the damage thoroughly with photos, repair estimates, and any related receipts.
What Happens if I Miss the Deadline?
If you try to file a vehicle damage claim after the two-year mark, you may lose your legal right to recover compensation. Courts typically dismiss lawsuits that fall outside the statute of limitations.
There are rare exceptions, such as if the at-fault party left the state for a long period or intentionally concealed their identity. But these cases are hard to prove, and you shouldn’t rely on them unless advised to do so by a lawyer.
Bottom line: don’t put it off. It’s better to start the process early than to risk losing your claim altogether.
Is It Worth Filing a Claim for Minor Damage?
Some people hesitate to file a claim for small dents or scratches, especially if they’re worried about their premiums going up. However, even seemingly minor damage can lead to bigger problems later—like alignment issues or electrical problems that weren’t visible at first.
If someone else caused the accident, it’s their responsibility to pay for the repairs. Filing a claim ensures you’re not left paying out of pocket for damage you didn’t cause. Plus, it documents the incident, which can help protect you if injury symptoms appear later.
What You Should Do Right After a Crash
To protect your right to file a claim for damage, take the following steps after an accident:
- Call the police and make sure a report is filed.
- Take pictures of the scene, your car, and any other vehicles involved.
- Get the other driver’s information, including their insurance details.
- Notify your insurance company promptly.
- Keep receipts and documents related to towing, repairs, and rental cars.
Doing all this creates a paper trail that can strengthen your claim and make the process smoother.
When to Call an Attorney
While many property damage claims are straightforward, things can get complicated if:
- The other driver’s insurer denies responsibility.
- There’s a dispute over the damage amount.
- Your car is declared a total loss and you don’t agree with the valuation.
In these cases, getting help from a car accident lawyer in Houston can make a big difference. Legal guidance can prevent you from being lowballed or blamed unfairly.
Final Thoughts
If your car was damaged in an accident in Texas, remember: you have up to two years to file a property damage claim. But waiting too long can make the process harder and reduce your chances of a fair settlement. The sooner you act, the better your outcome is likely to be.
At Kohan & Bablove Injury Attorneys, we help drivers across Houston get the compensation they deserve after accidents. If you’re facing roadblocks with an insurance company or just want someone on your side, we’re here to talk.
