Texas Crime Victims' Compensation after a crash: DWI, hit-and-run and other crimes

The short answer

Texas's Crime Victims' Compensation Program, run by the Office of the Attorney General, generally does not cover car crashes. The Code of Criminal Procedure makes exceptions for crashes that involve certain crimes, including driving while intoxicated, intoxication assault and intoxication manslaughter, failing to stop and render aid after a crash that results or is reasonably likely to result in injury or death (often called hit-and-run), reckless driving or a failure to move over or slow down for certain vehicles that results in bodily injury or death, and conduct intended to cause injury or death (art. 56B.003(4)). The statute generally requires the crime to be reported to law enforcement within a reasonable period (art. 56B.053) and the application to be filed by the third anniversary of the crime (art. 56B.052). It sets a $50,000 aggregate limit, with a separate $75,000 limit for extraordinary losses from a catastrophic injury (art. 56B.106), and it makes the program the payer of last resort after other sources such as insurance (art. 56B.462).

This guide explains those rules in general terms, with the official text linked for each one. It is general informational guidance and is not legal advice; it says nothing about whether any particular person or crash fits the program. The Attorney General decides each application.

Key facts (as of October 29, 2026)

• Ordinary crashes are left out. Conduct arising from the ownership, maintenance or use of a motor vehicle is not "criminally injurious conduct" unless it fits one of the exceptions in art. 56B.003(4)(D).
• The crash exceptions. They include intoxication offenses, failing to stop and render aid under Transp. Code §550.021, reckless driving or a failure to move over or slow down for certain vehicles (§545.157) with bodily injury or death, several Penal Code offenses, and conduct intended to cause injury or death.
• The reporting rule. An application may not be filed unless the crime was reported to law enforcement within a reasonable period, with exceptions (art. 56B.053).
• The three-year filing period. The general rule is the third anniversary of the crime, and the Attorney General may extend it for good cause (art. 56B.052).
• Expenses, not pain and suffering. The program covers "pecuniary loss" such as medical care, lost earnings and funeral costs (art. 56B.003(10)); the Attorney General says it cannot pay for property damage or pain and suffering (Covered Costs).
• Statutory limits. A $50,000 aggregate limit, and a separate $75,000 limit for extraordinary pecuniary loss from a catastrophic injury that results in total and permanent disability (art. 56B.106).
• Payer of last resort. Insurance and other "collateral sources" come first (arts. 56B.003(3), 56B.462).
• Notice before a lawsuit. When compensation has been claimed or awarded, a claimant or victim must give the Attorney General written notice before bringing a related lawsuit for damages, and may not resolve that lawsuit without the Attorney General's written authorization (arts. 56B.401, 56B.404).

What is the Texas Crime Victims' Compensation Program?

Chapter 56B of the Code of Criminal Procedure is the Crime Victims' Compensation Act (art. 56B.001). The Office of the Attorney General runs the program, decides applications and pays awards from the compensation to victims of crime fund. The Attorney General describes the program as helping victims and their families with costs such as medical bills, counseling and lost wages (Crime Victims' Compensation Program).

The program is separate from any insurance claim and from any lawsuit against the person who caused a crash. It is also separate from the criminal case, which prosecutors bring.

Does Crime Victims' Compensation cover car crashes?

Only crashes that involve certain crimes. The program pays for losses from "criminally injurious conduct." Article 56B.003(4) defines that term, and its subdivision (D) leaves out conduct arising from the ownership, maintenance or use of a motor vehicle, unless the conduct is:

• intended to cause personal injury or death;
• a violation of Transportation Code §545.401 (reckless driving) or §545.157 (passing certain vehicles: a driver approaching, for example, a stopped emergency vehicle or tow truck using its signals must move out of the closest lane or slow down), if the conduct results in bodily injury or death (§545.401, §545.157);
• a violation of Transportation Code §550.021, which requires the driver in a collision that results or is reasonably likely to result in injury to or death of a person to stop, return to the scene if needed, determine whether anyone needs aid, and remain until giving the information and help §550.023 requires (§550.021);
• a violation of one of these Penal Code sections: §19.04 (manslaughter), §19.05 (criminally negligent homicide), §22.02 (aggravated assault), §22.05 (deadly conduct), §49.04 (driving while intoxicated), §49.07 (intoxication assault) or §49.08 (intoxication manslaughter) (ch. 49, ch. 19, ch. 22). The same list also names flying and boating while intoxicated.

The Attorney General's eligibility page lists "DWI crashes" and "Hit and run" among the crimes the program can help with, and says it "cannot help with identity theft, regular car accidents, and property crime" (Eligibility).

Whether a particular crash involved one of these crimes is a question of fact. The program reviews the police report as part of each application.

Our chapter 56B reference entry quotes the full definition.

Who may apply?

The statute uses two words:

• A victim is generally an individual who suffers personal injury or death as a result of criminally injurious conduct that occurred in Texas and who is a resident of Texas or another U.S. state, with further categories in the statute (art. 56B.003(14)). "Personal injury" means physical or mental harm (art. 56B.003(11)).
• A claimant includes an authorized individual acting on behalf of a victim, a person who pays a victim's medical or burial expenses, a dependent of a victim who died, and a family or household member who needs psychiatric care or counseling, travels to the funeral or loses wages from bereavement leave (art. 56B.003(2)).

The Attorney General adds that businesses and organizations cannot apply, and that a person may choose to have a lawyer help (Eligibility).

Does the crime have to be reported?

Yes, as a general rule. Under art. 56B.053, an application may not be filed unless the victim reported the criminally injurious conduct to the appropriate state or local public safety or law enforcement agency "within a reasonable period, but not so late as to interfere with or hamper the investigation and prosecution of the offense." The Attorney General may extend the time for extraordinary circumstances, and the reporting rule does not apply when the victim is a child.

Cooperation also matters. The Attorney General may deny or reduce an award if the claimant or victim has not substantially cooperated with an appropriate law enforcement agency (art. 56B.107(a)(1)). Our chapter 550 reference entry explains when a crash itself must be reported to the police.

When must the application be filed?

Article 56B.052 says:

• the general rule is that a claimant or victim must file an application not later than the third anniversary of the date of the criminally injurious conduct;
• the Attorney General may extend the time for good cause shown;
• if the victim is a child, the application must be filed not later than the third anniversary of the date the claimant or victim is made aware of the offense, but not after the child turns 21;
• a period of medically documented physical or mental incapacity, caused by the crime, that reasonably prevented filing is not counted;
• for a claim based on a homicide offense in Penal Code chapter 19, the period runs from the date a law enforcement agency establishes the victim's identity.

This filing period is the program's own rule. It is separate from the general two-year period for a personal injury lawsuit in Civil Practice and Remedies Code §16.003. An attorney can tell you how either rule applies to a specific situation.

What does the program pay for?

The program pays for "pecuniary loss," which the statute defines as the expense reasonably and necessarily incurred as a result of personal injury or death for items including (art. 56B.003(10)):

• medical, hospital, nursing or psychiatric care or counseling, or physical therapy;
• actual loss of past earnings, anticipated loss of future earnings and necessary travel expenses because of a disability from the injury, medical care for it, or attendance at the investigation, prosecution or court proceedings;
• care of a child or dependent;
• funeral and burial expenses, including the necessary travel of a family or household member to the funeral;
• loss of support to a dependent;
• bereavement leave for a family or household member of a deceased victim.

The Attorney General's covered-costs page also lists dental care, mental health care and travel expenses, and lists what the program cannot pay: property theft, damage or loss; identity theft costs; pain, suffering or emotional distress; and any cost not a direct result of the crime (Covered Costs). Vehicle repair is property damage, which the program does not pay; our guide on property damage and injury claims covers how vehicle damage is usually handled.

For health care, the program pays according to the medical fee guidelines in the Labor Code, and a provider generally must accept the program's payment as payment in full (art. 56B.104).

What limits does the statute set?

These are limits on what the program may pay under art. 56B.106. They are not a measure of any person's injury or claim, and the Attorney General decides what each award covers.

• Aggregate limit. Except as the article provides, awards for a victim and every other claimant whose loss comes from that victim's injury or death "may not exceed $50,000 in the aggregate."
• Catastrophic injury. In addition, the Attorney General may make an award for extraordinary pecuniary loss, with a $75,000 limit, if the injury is catastrophic and results in total and permanent disability. The statute lists lost wages and the costs of making a home or motor vehicle accessible, job training and vocational rehabilitation, training in the use of a special appliance, home health care, durable medical equipment, rehabilitation technology and long-term medical expenses. The Attorney General gives examples of catastrophic injuries, including amputation of a major portion of an arm or leg, spinal cord injuries that have caused or may cause paralysis, severe burns requiring care in a burn center, and loss of vision in both eyes (Catastrophic Injury Payments).
• Bereavement leave. Lost wages from bereavement leave have a $3,333 limit for each family or household member of a deceased victim (art. 56B.106(d)).
• Emergency award. When the conditions in art. 56B.102 are met, an emergency award for anticipated losses has a $1,500 limit; it is deducted from the final award, or repaid to the extent it is more than the final award.

How does insurance fit in?

Article 56B.462 says the fund is the "payer of last resort." In practice, the statute works through "collateral sources," defined in art. 56B.003(3) to include, among others:

• proceeds of an insurance contract payable to or on behalf of the claimant or victim for the loss;
• workers' compensation;
• social security, Medicare or Medicaid;
• a contract or self-funded program providing hospital and other health care benefits;
• restitution ordered by a court as a condition of community supervision;
• proceeds awarded as a result of third-party litigation.

The Attorney General establishes whether a loss is one "for which the claimant or victim is not compensated from a collateral source" (art. 56B.103(b)), and may deny or reduce an award to the extent a loss is recouped from one (art. 56B.107(a)(3)). If the program pays, the state is subrogated to the claimant's or victim's rights to recover benefits for that loss from a collateral source (art. 56B.202).

The Attorney General says receiving money from these sources "does not make you ineligible for CVC," and that if CVC pays first and a later payment covers the same expense, repayment may be required for the overlap (Collateral Sources). Our guide on who pays medical bills after a Texas car accident explains PIP, MedPay, health insurance and liens.

What if there is also a lawsuit?

Subchapter I of chapter 56B sets rules for a private lawsuit about the same crime:

• before bringing an action to recover damages related to criminally injurious conduct for which compensation is claimed or awarded, the claimant or victim must give the Attorney General written notice of the proposed action (art. 56B.401);
• the Attorney General may then join the action, require it to be brought as a trustee on behalf of the state, or reserve its rights (art. 56B.402);
• the claimant or victim may not settle or otherwise resolve the action without the Attorney General's written authorization (art. 56B.404).

The Attorney General's collateral-sources page says the same in plain terms: notify CVC in writing before filing or resolving a lawsuit related to the crime (Collateral Sources). When a drunk driver causes a crash, a claim can also involve a business that served the alcohol; our drunk-driver and dram shop guide covers that law.

Can an award be denied or reduced?

Article 56B.057(b) requires the Attorney General to deny an application if, among other grounds, the crime was not reported as art. 56B.053 requires, the application was not made in the manner and time the statute sets, the claimant or victim knowingly and willingly participated in the crime or is the offender or an accomplice, or the claimant or victim knowingly submits false or forged information.

Under art. 56B.107(a), the Attorney General may also deny or reduce an award if, as a result of the claimant's or victim's behavior, the claimant or victim bears a share of the responsibility for the act or omission giving rise to the claim, among other grounds. The Attorney General says a person who shares some responsibility "may still qualify, but the payment could be reduced" (Eligibility).

The Attorney General describes three levels of appeal: a reconsideration review requested within 30 days of the decision, a final ruling hearing requested within 30 days of the reconsideration decision, and judicial review in district court (Appeals Process). For judicial review, the statute allows a notice of dissatisfaction not later than the 40th day after the Attorney General's final decision, and suit not later than the 40th day after that notice (arts. 56B.351, 56B.352).

How is an application made?

The statute requires a written, verified application on a form the Attorney General prescribes, with the date and circumstances of the crime, a financial statement of the costs and of any collateral-source payments, a statement of any disability, and an authorization to verify the contents (art. 56B.051).

The Attorney General's application page describes (Apply):

• applying online through the CVC Portal, or with a paper application in English or Spanish, which can also be requested by calling (800) 983-9933;
• giving the full name of the law enforcement agency and the offense report number, which the program uses to request the police report;
• listing insurance or other resources that may help with costs, and uploading bills and other documents, which can be sent later;
• a separate application for each crime.

The Attorney General says a person can apply on their own and that a trained victim advocate, such as a crime victim liaison at a police department, can explain options, help gather documents and guide a person through the application (Apply). In Houston, the Houston Police Department's Victim Services Division says it assists victims with applying for Crime Victims' Compensation (HPD Victim Services). By statute, each local law enforcement agency must inform a claimant or victim about the program and make application forms available, and hospitals must post notice of the program in their emergency rooms (arts. 56B.006, 56B.007).

What records do people commonly keep?

The Attorney General's pages mention several of these, and it can help to keep them in one place:

• The name of the law enforcement agency and the offense report number
• The date, time and place of the crash
• Medical bills, receipts and records
• Records of missed work and pay
• Letters, claim numbers and payment statements from any insurer or benefit program
• Funeral and burial bills, if someone died
• Copies of everything sent to or received from the program

Our hit-and-run guide covers what Texas law requires of a driver after a crash and the insurance coverages that can apply when the other driver is unknown.

Related information

• Texas Code of Criminal Procedure chapter 56B, quoted and explained: the statute text behind this guide.
• Hit-and-run crashes in Texas, including Houston: a driver's duties, reporting and coverage when the other driver leaves.
• Drunk-driver crashes and dram shop claims in Texas: intoxication offenses and claims against a business that served alcohol.
• Who pays medical bills after a car accident in Texas: PIP, MedPay, health insurance and liens.
• Car accident information for Houston.

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