Most Houston crash claims run on the two-year Texas deadline. A crash with a government vehicle is different: the Texas Tort Claims Act adds a written notice requirement that usually runs out after six months, and sometimes sooner.
LAWBOSS – Harris, Nelsen & Uvalle, PLLC put this post together at its Houston office to explain one rule that catches people off guard. It is general information about Texas law, not advice about your case, so call us to talk about the facts of your crash.
Which crashes this rule covers
The notice rule applies to claims against a government unit. In a Houston crash, that can mean a city bus, a garbage or utility truck owned by a city, a county maintenance truck, a police car or a sheriff’s vehicle, or another vehicle owned and driven for a public body. If the other driver was working for a city, a county or the state, assume the rule may apply until someone checks.
The six-month notice in section 101.101
Civil Practice and Remedies Code section 101.101 requires that a government unit be given written notice of a claim within six months of the incident. The notice has to reasonably describe:
- the damage or injury claimed,
- the time and place of the incident, and
- the incident itself.
Six months is the general rule. The same section lets a city keep a shorter notice period set in its own charter. So the real deadline in a crash with a city vehicle may be shorter than six months. Which charter applies depends on which city owned the vehicle, and we check that early in every case of this kind.
Actual notice
Section 101.101 also says the written notice requirement does not apply if the government unit had actual notice of the death, the injury or the property damage. Because a police officer may have come to the scene, people sometimes assume the government already knows. That assumption is risky. Whether a government unit had actual notice in the legal sense can be disputed, and it is far safer to send written notice in time than to rely on it.
The two-year deadline still applies
The notice rule does not replace the regular deadline. A Texas injury suit must still be filed not later than two years after the claim accrues (Civil Practice and Remedies Code section 16.003(a)), and in a death case two years from the date of death (section 16.003(b)). So a claim against a government unit has two clocks running at once: the short notice clock and the two-year filing clock.
Limits on what a government unit pays
The Tort Claims Act also caps the liability of government units, as a matter of law. These are statutory ceilings, not a measure of what any claim is worth:
| Government unit (CPRC 101.023) | Bodily injury or death, per person | Per single occurrence |
|---|---|---|
| The state government | $250,000 | $500,000 |
| A municipality (city) | $250,000 | $500,000 |
| Other local government units | $100,000 | $300,000 |
These limits are one reason we look at every source of coverage after a government vehicle crash, including your own uninsured/underinsured motorist coverage and personal injury protection, which every Texas auto policy carries unless a named insured rejected them in writing (Insurance Code sections 1952.101 and 1952.152).
Was a city, county or police vehicle involved in your Houston crash? Call our Houston office now, while the notice window is open.
What we do in a government vehicle case
We identify which public body owned the vehicle and employed the driver, find the notice period that applies, and send written notice that describes the injury, the time and place and the incident. Then we gather the crash report, photos, witness names and any video, the same as in any other claim, and we take the insurer calls so you do not have to give a recorded statement alone. Fault still matters here as everywhere in Texas: under section 33.001, you can recover if you are 50 percent or less at fault.
Our attorneys spent years on the insurance side before representing injured people, so we know how a claim file gets reviewed and challenged. More on these crashes is in our government vehicle crash section, and you can meet the lawyers on our Houston team page. We handle these claims on a No Fees or Costs Unless We Win basis, with the firm covering case costs as the claim moves forward and no fee or costs owed by you if there is no money from the case.
Questions people ask us
How long do I have to give notice after a crash with a city vehicle?
Generally six months from the crash under Civil Practice and Remedies Code section 101.101, but a city charter may set a shorter period. Call early so the right deadline can be found and met.
The police came to the crash. Does that count as notice?
Not necessarily. Section 101.101 excuses written notice when the government unit had actual notice, but whether it did can be disputed. Sending timely written notice is the safer course.
Does the two-year deadline still apply?
Yes. A suit must still be filed within two years under section 16.003, in addition to the earlier written notice.
Is there a limit on what a city or county pays?
Yes. Civil Practice and Remedies Code section 101.023 caps liability: for a city or the state, $250,000 per person and $500,000 per occurrence for bodily injury or death; for other local units, $100,000 and $300,000. These are legal limits, not a measure of any claim.