Does the Texas Statute of Limitations Pause if the At-Fault Driver Moves Out of State? (CPRC § 16.063)
Direct Answer Under Texas Law
Generally NO for motor vehicle crashes! Although Texas Civil Practice and Remedies Code § 16.063 states on its face that 'the absence from this state of a person against whom a cause of action may be maintained suspends the running of the applicable statute of limitations,' the Texas Supreme Court in Ashley v. Hawkins, 293 S.W.3d 175 (Tex. 2009) held that § 16.063 DOES NOT toll limitations when a Texas resident moves to another state after a car crash because the defendant remains amenable to service via the Nonresident Motorist Act (§ 17.062) or Long-Arm Statute (§ 17.044)!
Critical Texas Procedural Trap to Watch Out For
Relying on the literal text of CPRC § 16.063 without reading Ashley v. Hawkins is one of the most dangerous traps in Texas civil procedure.
Recommended Action Plan for Texas Claimants
Never assume a defendant's move out of Texas tolls your 2-year deadline; if a defendant moves out of state, serve them immediately through the Chairman of the Texas Transportation Commission (§ 17.062) or Texas Secretary of State (§ 17.044).
Detailed Texas Statutory & Case Law Breakdown
Under Tex. Civ. Prac. & Rem. Code § 16.063 (Temporary Absence From State) and controlling Texas appellate precedent in Ashley v. Hawkins, 293 S.W.3d 175 (Tex. 2009); Kerlin v. Sauceda, 263 S.W.3d 920 (Tex. 2008), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Tex. Civ. Prac. & Rem. Code § 16.063 (Temporary Absence From State) and how Texas courts apply Ashley v. Hawkins, 293 S.W.3d 175 (Tex. 2009); Kerlin v. Sauceda, 263 S.W.3d 920 (Tex. 2008) in your county's appellate district.
- Beware of the Texas Procedural Trap: Relying on the literal text of CPRC § 16.063 without reading Ashley v. Hawkins is one of the most dangerous traps in Texas civil procedure.
- Execute the Texas Action Plan: Never assume a defendant's move out of Texas tolls your 2-year deadline; if a defendant moves out of state, serve them immediately through the Chairman of the Texas Transportation Commission (§ 17.062) or Texas Secretary of State (§ 17.044).
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
Does the Texas Statute of Limitations Pause if the At-Fault Driver Moves Out of State? (CPRC § 16.063)
Generally NO for motor vehicle crashes! Although Texas Civil Practice and Remedies Code § 16.063 states on its face that 'the absence from this state of a person against whom a cause of action may be maintained suspends the running of the applicable statute of limitations,' the Texas Supreme Court in Ashley v. Hawkins, 293 S.W.3d 175 (Tex. 2009) held that § 16.063 DOES NOT toll limitations when a Texas resident moves to another state after a car crash because the defendant remains amenable to service via the Nonresident Motorist Act (§ 17.062) or Long-Arm Statute (§ 17.044)! Key Texas Trap to Avoid: Relying on the literal text of CPRC § 16.063 without reading Ashley v. Hawkins is one of the most dangerous traps in Texas civil procedure.
What Texas statute and Supreme Court / appellate precedent control tolling when a defendant leaves texas (§ 16.063)?
This question is governed in Texas by Tex. Civ. Prac. & Rem. Code § 16.063 (Temporary Absence From State) and the legal standards articulated in Ashley v. Hawkins, 293 S.W.3d 175 (Tex. 2009); Kerlin v. Sauceda, 263 S.W.3d 920 (Tex. 2008). Recommended step: Never assume a defendant's move out of Texas tolls your 2-year deadline; if a defendant moves out of state, serve them immediately through the Chairman of the Texas Transportation Commission (§ 17.062) or Texas Secretary of State (§ 17.044).
Mandatory 6-Point Texas Legal Disclaimer & Notice
- 1. Not Legal Advice: This website provides general educational and statutory reference information strictly scoped to Texas personal injury law, Texas courts, and Texas statutes. Nothing on this site constitutes legal advice, a legal opinion, or counseling on any specific set of facts.
- 2. No Attorney-Client Relationship: Viewing this website, reading any statutory or procedural guide, or using any interactive calculator, checklist, or reference tool does not create an attorney-client relationship between you and this publisher or any contributor.
- 3. Content May Be Inaccurate or Outdated: Although articles reference the Texas Civil Practice and Remedies Code (CPRC), Texas Transportation Code, Texas Insurance Code, Texas Labor Code, Texas Rules of Civil Procedure (TRCP), and published decisions of the Supreme Court of Texas and the 15 Texas Courts of Appeals, legislation and appellate holdings change continually. Information on this website may be incomplete, inaccurate, or superseded by subsequent statutory amendments or judicial opinions.
- 4. Verify With a Licensed Texas Attorney: Deadlines under Tex. Civ. Prac. & Rem. Code § 16.003, municipal charter notice windows under § 101.101, and comparative fault bars under Chapter 33 are strictly enforced. Always verify your legal rights, filing deadlines, and jurisdictional rules directly with an attorney licensed and in good standing with the State Bar of Texas.
- 5. No Guarantee of Results: Statutory damage cap formulas, proportionate responsibility illustrations, and medical bill adjustment examples are mathematical and educational illustrations only. They do not predict, warrant, or guarantee any specific verdict, settlement amount, or legal outcome in any Texas court.
- 6. Independent Reference Portal — Not a Law Firm: Texas Injury Law Reference is an independent legal education publication. We are not a law firm, do not practice law, do not solicit clients, and do not operate as an attorney referral service.