Personal injury protection pays your medical bills and lost wages after a crash regardless of fault, usually up to $2,500. Texas insurers must offer it, and you have it unless you rejected it in writing.
Insurance Code section 1952.152 requires every Texas auto policy to include personal injury protection unless the insured rejects it in writing. The standard limit is $2,500 per person, and higher limits can be purchased.
PIP pays quickly, without a fault determination, for medical expenses and, under the standard Texas policy, 80 percent of lost income up to the limit. It covers the policyholder, household family members, and passengers in the insured vehicle.
Using PIP does not reduce your claim against the at-fault driver of another car, because benefits are paid without regard to fault under section 1952.155. The one exception is a passenger claiming against the driver of the car they rode in, whose insurer gets credit for the PIP it paid under section 1952.159.
Check the declarations page of your policy. Owsley Law Firm reviews every client’s coverage at the first meeting, because PIP and UM/UIM are the coverages people most often do not know they have.
What to do, step by step
- Find your policy declarations page and look for a line labeled personal injury protection or PIP.
- If it is not listed, look for a signed written rejection, which Texas law requires for the coverage to be waived.
- Notify your insurer of the crash and ask to open a PIP claim.
- Submit medical bills and proof of lost income as the insurer requests.
- Tell your lawyer what PIP paid, since it affects how other benefits are coordinated.
PIP is more flexible than many people realize. Under section 1952.151 and the standard Texas policy form, benefits cover reasonable medical and funeral expenses, 80 percent of lost income, and the reasonable cost of essential services you cannot perform because of the injury, such as household help. The default limit is $2,500, but higher limits are sold and are worth considering.
Because PIP pays regardless of fault, it can be the first money available, often within weeks. That can help a family pay bills while a fault claim proceeds. It is also the coverage most likely to be forgotten when a claim is against the at-fault driver.
PIP and other coverages coordinate under the policy terms. Medical payments coverage, if you bought it, is a separate benefit that can pay in addition. Health insurance may pay the balance of medical bills, but it may then seek reimbursement from a recovery, so the interaction should be reviewed before choosing which to use.
Insurers sometimes deny or delay PIP by asking for records or an independent exam. Those requests are common and are not always improper, but responding carefully and on time is important. Your own insurer owes you duties in a first-party claim, including under Insurance Code Chapter 541, and a lawyer can help if payment is unreasonably delayed.
Mistakes that cost people money
- Assuming PIP is unavailable because you have health insurance.
- Missing the insurer's requests for documents and losing benefits.
- Not asking whether a rejection was actually signed.
- Forgetting that passengers in your car may also be covered.
Related questions
Does PIP cover passengers?
It generally covers the named insured, resident family members, and other people occupying the insured vehicle. The exact terms are in the policy, and a passenger may also have coverage under their own policy.
Is PIP the same as medical payments coverage?
No. They are separate optional-versus-required coverages with different terms, and in some cases both can pay. Review your declarations page to see which you have and the limits of each.
Do I lose PIP if I hire a lawyer?
No. PIP is a benefit under your own policy. Hiring a lawyer does not change your entitlement, and a lawyer can help if the insurer delays or denies benefits without a reasonable basis.
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