The statute of limitations to file a claim for a driving while intoxicated (DWI) accident in Texas is outlined under Texas Civil Practice and Remedies Code §16.003. You typically have two years from the date of a collision to file a lawsuit for compensation. Understanding the state’s statute of limitations is imperative to your case’s success.
There are some exceptions to this timeframe. For instance, if a minor child is injured in a car accident, they could be granted additional time from the date of their eighteenth birthday to take action. Talking to a lawyer about your case could help you understand your financial recovery options.
THE IMPORTANCE OF SEEKING PROMPT LEGAL ACTION
Time passes more quickly than most people realize. You could lose out on the chance to pursue financial recovery if you put off filing your claim or lawsuit. Even if you have a strong case against the drunk driver who hurt you, your case could be thrown out if it is not filed in accordance with the state’s statute of limitations. In addition to meeting Texas’s requirements, you also want to file a car accident claim early because certain pieces of evidence are time-sensitive.
With the passage of time, witnesses’ memories of the accident could fade. Traffic camera footage could get deleted, and physical evidence may no longer be accessible. Documenting your accident early could ultimately work to improve your case’s outcome.
YOU SHOULD REPORT YOUR ACCIDENT TO YOUR INSURER IMMEDIATELY
Insurance companies also have some time limits for claims. Many insurers expect you to contact them in a reasonable amount of time after an accident. If you wait a year or two to contact an insurer, they may refuse to compensate you for your damages. This can make the process difficult for you. When you contact insurers in a timely manner, they may work to resolve your case with minimal complications.
ABOUT THE CAR ACCIDENT CLAIMS PROCESS
If you are wondering about the deadline for filing a car accident claim or lawsuit, you are probably also wondering about the car accident claims process.
THE CLAIMS PROCESS STARTS WITH DETERMINING LIABILITY
The financial recovery process begins with an investigation into who was responsible for your car accident. If a drunk driver caused your accident, then fault may be relatively easy to determine. You need to collect evidence to prove that the driver who hit you was intoxicated at the time of the accident. A police report or conviction information could be used as evidence as well as statements from witnesses.
YOU WILL NEED TO PRESENT EVIDENCE OF YOUR DAMAGES
Once you can prove fault, you also need to gather evidence to prove your damages. Your lawyer can help with evidence collection. Medical evidence is useful for proving injuries and medical expenses. Proof of lost wages, mental trauma, property damage, and other losses could also establish the cost of your expenses.
YOU NEED TO REPORT THE DWI ACCIDENT TO THE INSURANCE COMPANY
After you have all of your evidence, you can submit your claim to the liable insurance company. They may cut you a check to pay for your damages, but make sure they are giving you a fair offer. Some insurers do not pay car accident victims fairly, which is why a lawyer’s advice may be helpful.
YOU MAY NEED TO FILE A MOTOR VEHICLE ACCIDENT LAWSUIT
If the insurer does not agree to pay you for your damages, or they refuse to offer you a fair settlement, you can file a car accident lawsuit in civil court instead. Although the American Bar Association (ABA) notes that most personal injury cases do not make it to court, if yours does, you do not have to represent yourself. A lawyer can assist you with the car accident recovery process.
GET HELP FROM THE LEGAL TEAM AT LONCAR LYON JENKINS
So back to your question: what is the statute of limitations to file a claim for a DWI accident in Texas? You now know that the filing deadline in Texas is two years starting from the date of the accident. You also know that you should not wait until that deadline is approaching before starting the claims process.
If you are overwhelmed by the thought of filing a car accident claim, keep in mind that you do not have to do it on your own. A lawyer can help you file your claim, investigate your accident, gather evidence, and handle insurance negotiations. We take cases to court as needed, and we can fight for your rights while you focus on your wellbeing.
Call Loncar Lyon Jenkins at (800) 777-7777 to receive a free case evaluation now.