Accident Settlement Calculator

Home › States › Texas

Texas Car Accident Settlement Calculator

In Texas, you generally have 2 years to file an injury lawsuit, you recover nothing if more than 50% at fault, and drivers must carry at least $30,000/$60,000 in injury liability. Enter your numbers below to see what a Texas claim may be worth and what you would actually take home.

1

Your accident

How serious is the injury?
2

Your costs so far

That's all you need for a first estimate. Rough numbers are fine.

Optional: make the estimate more accurate fault, insurance, lawyer fee
3

Fault and future costs

4

Insurance

5

What comes out of it

Texas rules in 30 seconds

If you were partly at faultYou get nothing if you are more than 50% at fault
Details & exceptions

Texas uses proportionate responsibility: an injured person whose share of responsibility is greater than 50 percent recovers nothing; at 50 percent or less, damages are reduced by their percentage of responsibility.

Compare fault rules in all states →
Deadline to file a lawsuit2 years from the accident
Details & exceptions

Civ. Prac. & Rem. Code 16.003(a): suits for personal injury and for injury to property must be brought within 2 years after the cause of action accrues; wrongful death within 2 years of death (16.003(b)). Claims against a governmental unit under the Texas Tort Claims Act require written notice within 6 months of the incident (CPRC 101.101(a)); city charters may require shorter notice (101.101(b)); the formal notice requirement does not apply if the unit has actual notice (101.101(c)). The Tort Claims Act also caps government liability: state $250,000 per person / $500,000 per occurrence for bodily injury, $100,000 property; local units $100,000 / $300,000 / $100,000; municipalities $250,000 / $500,000 / $100,000 (CPRC 101.023).

Compare deadlines in all states →
Other driver's minimum insurance$30,000 per person, $60,000 per accident
Details & exceptions

Property damage minimum: $25,000. Transportation Code 601.072(a-1): 30/60/25 effective January 1, 2011. Confirmed by the Texas Department of Insurance Auto Insurance Guide (last updated 12/11/2025).

Compare minimums in all states →
Who pays your medical billsThe at-fault driver's insurance; your own PIP can pay first if you have itSee all no-fault states →
Cap on pain and sufferingNo cap for typical car accident claims
Details & exceptions

No general cap for typical car accident injury claims. No general cap on noneconomic damages in auto injury cases. The $250,000 noneconomic cap in CPRC 74.301 applies only to health care liability claims (medical malpractice). Exemplary (punitive) damages are capped separately under CPRC 41.008. Claims against government units are subject to Tort Claims Act liability caps (see statute_of_limitations notes). SB 30 (2025), which would have limited recoverable medical expenses, died in conference committee and did not become law.

Uninsured motorist coverageOptional
Details & exceptions

Insurers must include UM/UIM coverage (at least the Chapter 601 limits) in every auto liability policy unless a named insured rejects it in writing (Insurance Code 1952.101). Same opt-out structure applies to PIP (1952.152). Per TDI's Consumer Bill of Rights, insurers need not re-offer on renewal once rejected.

Worked example: a typical Texas car accident claim

Another driver turned left into you at an intersection in Texas: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%.

  1. Economic damages$20,000Medical bills + expected future treatment + lost wages.
  2. Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
  3. Total claim value$40,000 – $60,000Economic + pain and suffering.
  4. After your share of fault$32,000 – $48,000Texas uses modified comparative negligence (51% bar): you recover nothing if you are 51% or more at fault; otherwise recovery is reduced by your 20%.
  5. Limited by available insurance$32,000 – $48,000At-fault policy limit $100,000 + your UM/UIM $0.
  6. Estimated take-home$20,440 – $31,160Minus attorney fee (33%), case costs and medical liens.

You would take home about $25,800 ($20,440 – $31,160), after the 33% fee and $1,000 in case costs.

Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.

How much time do you have to file?

General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.

Deadline traps in Texas

The 2-year lawsuit deadline is not the only clock. These are the ones people miss:

Crash with a government vehicle or on a public road6 months

Under the Texas Tort Claims Act, written notice describing the injury, time, place and incident must reach the governmental unit within 6 months. City charters can require shorter notice. Formal notice is excused if the unit actually knew of the injury.

Tex. Civ. Prac. & Rem. Code 101.101, Notice (Texas Legislature)Tex. Civ. Prac. & Rem. Code 101.101 (Texas Public Law mirror)

If the injured person is a child

Time while the child is under 18 does not count, so the 2-year clock usually starts at age 18 (child has until age 20).

Tex. Civ. Prac. & Rem. Code 16.001, Effect of disability (Texas Public Law mirror)

How fast a Texas insurer must respond

Texas's Prompt Payment of Claims Act gives these deadlines, but only for first-party claims (your own policy, e.g. collision, PIP, UM). Claims against the at-fault driver's insurer are not covered by these day limits.

Tex. Ins. Code 542.051, Definitions ('claim' means a first-party claim) (Texas Public Law mirror)Tex. Ins. Code 542.055, Receipt of notice of claim (Texas Public Law mirror)Tex. Ins. Code 542.056, Notice of acceptance or rejection (Texas Public Law mirror)Tex. Ins. Code 542.057, Payment of claim (Texas Public Law mirror)

If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.

Next steps after a Texas crash

Frequently asked questions

What is a typical car accident settlement in Texas?
It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, 20% of the fault, a Texas claim against the other driver is worth about $40,000, and the injured person takes home about $25,800 after a 33% attorney fee and costs. At 51% fault, the same claim pays nothing in Texas.
Is Texas an at-fault or no-fault state for car accidents?
Texas's car insurance system: At-fault with add-on PIP.
Is there a cap on pain and suffering in Texas car accident cases?
No general cap for typical car accident injury claims. No general cap on noneconomic damages in auto injury cases. The $250,000 noneconomic cap in CPRC 74.301 applies only to health care liability claims (medical malpractice). Exemplary (punitive) damages are capped separately under CPRC 41.008. Claims against government units are subject to Tort Claims Act liability caps (see statute_of_limitations notes). SB 30 (2025), which would have limited recoverable medical expenses, died in conference committee and did not become law.
What happens if I was partly at fault for an accident in Texas?
Texas follows modified comparative negligence with a 51% bar: you recover nothing if you are 51% or more at fault, and otherwise your recovery is reduced by your percentage of fault.
How long do I have to file a car accident lawsuit in Texas?
Generally 2 years for personal injury and 2 years for property damage. Civ. Prac. & Rem. Code 16.003(a): suits for personal injury and for injury to property must be brought within 2 years after the cause of action accrues; wrongful death within 2 years of death (16.003(b)). Claims against a governmental unit under the Texas Tort Claims Act require written notice within 6 months of the incident (CPRC 101.101(a)); city charters may require shorter notice (101.101(b)); the formal notice requirement does not apply if the unit has actual notice (101.101(c)). The Tort Claims Act also caps government liability: state $250,000 per person / $500,000 per occurrence for bodily injury, $100,000 property; local units $100,000 / $300,000 / $100,000; municipalities $250,000 / $500,000 / $100,000 (CPRC 101.023).
What is the minimum car insurance in Texas?
$30,000 per person and $60,000 per accident for bodily injury, and $25,000 for property damage. Transportation Code 601.072(a-1): 30/60/25 effective January 1, 2011. Confirmed by the Texas Department of Insurance Auto Insurance Guide (last updated 12/11/2025).
What is the deadline to file a claim against the government in Texas?
6 months. Under the Texas Tort Claims Act, written notice describing the injury, time, place and incident must reach the governmental unit within 6 months. City charters can require shorter notice. Formal notice is excused if the unit actually knew of the injury.
How long does an insurance company have to respond to a claim in Texas?
Texas's Prompt Payment of Claims Act gives these deadlines, but only for first-party claims (your own policy, e.g. collision, PIP, UM). Claims against the at-fault driver's insurer are not covered by these day limits.

Related

Official sources