What is the deadline to file a claim against the City of El Paso?

Claims against the government run on shorter clocks

When a government vehicle is involved in a crash, the normal two-year deadline for injury lawsuits is not the only deadline that matters. Most government bodies must receive a written notice of claim much sooner, and missing it can end the claim before it starts. In El Paso, which agency was involved changes the deadline.

City of El Paso: 90 days

The City's own claims page says a written notice must be filed within 90 days of the injury, and that it must be sworn. It must describe when and where the injury happened, the nature and extent of the injury in detail, and the names of witnesses and treating doctors. The City's code allows up to six months only for good cause shown, which is not something to count on. This covers crashes with:

• El Paso Police Department patrol cars, including chases;
• Sun Metro buses and Brio rapid transit;
• city garbage trucks, fire apparatus and other city vehicles.

Ninety days goes fast when you are recovering from an injury. We prepare the sworn notice for you and send it the right way.

El Paso County and other local bodies: six months

For the El Paso County Sheriff's Office and other county vehicles, the Texas Tort Claims Act requires notice within six months. The same generally applies to school districts, such as a school bus crash, and other local governments. Only cities can set a shorter deadline, in their charter, as El Paso has. Counties and other local units have lower damages caps than cities: $100,000 per person and $300,000 per crash.

The State of Texas: six months

For DPS troopers, TxDOT vehicles and other state agencies, notice is also due within six months, and the State's liability is capped at $250,000 per person and $500,000 per crash. How DPS chase claims work.

The federal government: two years

For Border Patrol, ICE, the U.S. Postal Service and Fort Bliss military vehicles, the Federal Tort Claims Act requires a written claim to the agency within two years, usually on Standard Form 95, with a specific dollar amount, before any lawsuit. How federal claims work.

Why notice isn't the whole story

• Notice is not a lawsuit. Under Texas law, a lawsuit generally must still be filed within two years.
• "They already knew" is risky. Texas law excuses notice only when the government actually knew it was at fault, which is hard to prove. We never rely on it.
• Emergency situations have extra rules. Chases and emergency responses usually require proof of recklessness. Police chase crashes in El Paso.
• The other driver's insurance runs on its own track. If a private driver was involved too, that claim proceeds alongside the government claim.

Call before the clock runs

If a police car, city bus, county vehicle, state vehicle or federal vehicle was involved in your crash, call as soon as you can. Don't send a claim letter or form to the agency on your own; the wording, the dollar amount and how it is delivered all matter. Jimmy Suerken grew up in El Paso. He is a Mexican-American attorney who speaks Spanish, and you can talk with him directly. We handle El Paso cases the way we handle them in Houston: by phone, email and video call, and in person when needed.

Police chase crashes in El Paso: what to know

Other ways people ask this

A Sun Metro bus hit my car. How long do I have?

Sun Metro is part of the City of El Paso, so the City's 90-day sworn notice rule applies. Call right away.

An El Paso police car hit me during a chase. Same deadline?

Yes, 90 days for the City. Chase cases also require proof that the officer acted recklessly, so evidence matters early.

A Fort Bliss military vehicle hit me. What deadline applies?

Claims against the federal government, including the Army, require a written claim within two years under the Federal Tort Claims Act.

Is a school bus crash different?

School districts are local governments under the Tort Claims Act, so notice is generally due within six months, and the district's caps are lower than a city's.

What if I already missed the 90 days?

Talk to a lawyer anyway. The City's code allows up to six months for good cause shown, and there may be other claims, such as against another driver or your own insurance, and the facts of the notice matter.

Authority: City of El Paso: Filing a claim · Tex. Civ. Prac. & Rem. Code ch. 101 (Tort Claims Act) · 28 U.S.C. § 2401(b) · 28 U.S.C. § 2675 · Tex. Civ. Prac. & Rem. Code § 16.003