Deadline for an Overseas Visitor Injured in a Texas Crash

Attorney Answer

Probably not too late — but do not wait, and do not assume a British deadline applies. Texas gives two years for a personal injury suit, and a crash from last year is normally still inside that window. Being a visitor from another country does not shorten the period and does not bar you from bringing a claim in Texas.

The governing provision is Tex. Civ. Prac. & Rem. Code § 16.003(a):

"Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues."

Two things about that sentence catch people out. It runs from when the cause of action accrues, which in an ordinary crash is generally the day of the collision — not from the day you finished treating, and not from your surgery. A year of crutches and an operation do not extend it. And the two-year period is the same for someone who lives in Houston and someone who flew home to Britain; a claim over a Texas crash is governed by Texas law and brought in Texas, whatever your passport says. Whether any rule could adjust the deadline in your particular circumstances is a narrow question for a lawyer, and not something to plan around.

The two-year period is also why a case like yours should be looked at now rather than near the end. Suit in Texas has to be filed and the defendant served; evidence has to be gathered from another continent; medical records from a year of treatment, some of it possibly abroad, take time to collect. A lawyer who gets the file with weeks left has fewer options than one who gets it with months.

On the money side, Texas minimum liability limits are $30,000 per injured person, $60,000 per crash and $25,000 for property damage (Tex. Transp. Code § 601.072(a-1)) — low against a surgery. Where the at-fault driver's limits fall short, underinsured motorist coverage on the policy covering the car you were riding in is the usual next layer; a Texas insurer must provide uninsured and underinsured motorist coverage unless a named insured rejected it in writing (Tex. Ins. Code § 1952.101(b), (c)). Personal injury protection, likewise required unless rejected in writing (§ 1952.152), pays medical expenses without regard to fault (§ 1952.155(a)).

What you can do

1. Find the exact date of the crash from your records — the hospital paperwork, your travel documents or your insurer's file. Everything runs from that date.

2. Request the Texas crash report from the law enforcement agency that responded, and ask for the insurance information for every vehicle involved.

3. Gather your medical records and bills from both countries, including the surgery, and keep proof of anything you paid.

4. Notify the at-fault driver's insurer in writing that you are making a claim, and ask it to confirm limits in writing.

5. Speak with a Texas attorney now, not near the anniversary. Distance and international records are what make these files slow.

Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. Tex. Civ. Prac. & Rem. Code § 16.003(a) sets a two-year period running from accrual. Where it ends for you depends on your facts, and this page cannot calculate it — have a Texas attorney fix the date from your records.