Every insurance company will have its own policies and may require specific notification dates. When filing an insurance claim after a truck accident, you should get started as soon as possible. Most truck accident cases settle out of court; however, if you and the at-fault driver’s insurer cannot reach an out-of-court settlement, you may need to go to court. In this case, you will only have two years from the date of the accident to do so.
After an accident, two years can pass more quickly than you think since dealing with the legal process may not be your first priority. Consider working with a truck accident attorney. They can explain how long you have to file an insurance claim for a truck accident in Texas and file your claim or lawsuit on time.
The Statute of Limitations in Texas Can Fluctuate
In general, Texas Civil Practice and Remedies Code § 16.003 gives you two years from the date of the accident to file your personal injury lawsuit. If your family lost a loved one, the same statute generally gives you two years from the date of a loved one’s passing to file your wrongful death lawsuit.
Complying with the statute is critical but can be difficult since many factors can cause the filing deadline to change. These can include:
- The age of the accident victims
- Actions taken by the at-fault driver
- Involvement of a government agency
- The injured party’s mental capabilities
Statutes of limitations can be complex, so the best way to ensure compliance is to let a Texas personal injury lawyer handle it for you. They can interpret the applicable filing date correctly and meet the statute of limitations on your behalf.
The Statute of Limitations May Not Be the Only Filing Deadline
If the truck involved in your accident was government-owned or road conditions played a role, you could have additional deadlines that affect your case. Per Texas Civil Practice and Remedies Code § 101.101, you must inform a government agency of:
- The date the truck accident occurred
- The accident’s time and location
- The accident’s details
In general, you must provide notification to a government agency within six months. The local municipality where the accident occurred could have its own notification requirements. Your lawyer can also meet these requirements for your case.
An Expired Filing Deadline Can Be Costly
The statute of limitations applies to lawsuits, not insurance claims, but it can affect your insurance claim. How long you have to file a claim for a truck accident in Texas varies based on the outcome of the accident. The at-fault party’s representative will be aware of how long you have to file a claim.
If your case is not settled by that time and you have not filed a lawsuit, they may refuse to continue negotiating with you. If the filing deadline expires, the courts will not allow you to file your lawsuit at all. Even if you do manage to file after expiration, your lawsuit may face a dismissal before a jury or judge has the opportunity to hear its merits.
Let Your Lawyer Handle the Insurance Company
You should not agree to a settlement amount without reviewing its details with a lawyer. Your lawyer should handle all communication with the insurance company right from the start. When they negotiate on your behalf, your lawyer will:
- Ensure your case is accurately assessed
- Create and send a demand letter
- Field each monetary offer you receive
- Explain the pros and cons of each offer
The final decision to accept or reject a settlement offer is always yours to make. They will explain the feasibility of each offer and guide you toward a well-informed settlement decision.
Your Truck Accident Claim Could Involve Multiple Insurers
In your truck accident case, you may have to deal with more than one insurance company since there can be multiple liable parties. You could have a claim against:
- The truck driver/owner/operator
- The trucking company
- The cargo loader
- The repair and maintenance facility
- The truck or truck parts manufacturer
Your lawyer can deal with all the insurance companies involved in your case while you focus on getting better.
Get Help Filing Your Truck Accident Insurance Claim
Are you unclear on how long you have to file an insurance claim for a truck accident in Texas? Our familiarity with personal injury laws means we understand and can meet the statute of limitations. When you are ready to pursue the at-fault party, our law firm will make sure you do not run out of time.
Get started immediately by contacting our case review team at Domingo Garcia today.
