If you were hurt in a Texas car crash, personal injury protection (PIP) can help pay eligible medical bills and replace some lost income while insurers sort out who caused the crash. Start by checking the auto policy for PIP coverage and its limit. If coverage applies, open a claim promptly and keep a copy of every bill and record you submit.
Who can file a Texas PIP claim?
Start with the declarations page for the policy on the car involved in the crash. Look for a line marked “Personal Injury Protection” or “PIP” and a dollar limit. Ask for the policy and any PIP rejection form if the coverage is missing or the insurer says it was declined. Under Texas Insurance Code §§ 1952.151–.152, insurers generally must provide PIP with Texas auto liability policies unless a named insured rejects it in writing. A valid rejection can carry forward to certain renewal or reinstated policies.
The statute identifies the named insured, household members, and authorized drivers and passengers of the named insured’s vehicle as potential beneficiaries. If you were a passenger, ask the vehicle owner for the insurer’s name and claim contact. If you also have auto coverage, ask both insurers how their policies apply before assuming which one should handle the claim. Get the answer in writing, especially if the policies point to each other.
What expenses can Texas PIP pay?
Texas PIP can pay reasonable, necessary crash-related medical expenses, including ambulance transport, hospital care and other services listed in § 1952.151. It can also replace qualifying lost income. If you did not earn wages at the time of the crash, the law provides for reimbursement of certain expenses for essential household services you normally performed.
The $2,500 figure is the per-person amount Texas law requires insurers to provide when PIP is included, unless a higher limit applies under the policy. It is an aggregate limit for all PIP benefits for one person. For example, if your policy has a $2,500 limit and pays $1,900 in covered medical bills, up to $600 remains for other eligible expenses under that coverage. Keep a running total of the insurer’s payments and the unpaid bills. PIP does not pay to repair your car. See the Texas Department of Insurance auto insurance guide for how the coverages differ.
How to file a PIP claim after a crash
- Open the claim promptly. Tell the insurer you want to open a PIP claim and ask for the claim number, adjuster contact, proof-of-loss form and submission deadline. Ask whether your insurer wants documents through a portal or another secure channel.
- Send proof of each expense. Pair itemized bills with treatment records that identify the date and nature of care. A credit card receipt can show a payment but usually does not identify which services you received. Keep copies of bills and receipts even when another insurer paid part of the charge.
- Document time away from work. Save pay records, an employer statement showing missed dates and hours, and any medical restrictions linking the missed work to the crash. If you are self-employed, ask the adjuster what records they accept, such as invoices, appointment logs and records of canceled jobs.
- Track what the insurer received. Record when and how you submitted each item. Ask the adjuster to confirm receipt and identify any missing proof. Keep the payment explanation or any written denial alongside the claim documents.
If you are claiming essential household services, keep a dated record of the work you ordinarily did, why you needed help, who provided it and what you actually paid. Ask the insurer which documents it needs for that benefit.
Which PIP deadlines should you track?
Under Texas Insurance Code § 1952.156, a policy may require original proof of loss within a stated period. That period cannot be shorter than six months after the crash. Check your policy and submit the initial proof as soon as you can. The separate three-year rule in § 1952.151 concerns when qualifying expenses are incurred.
Section 1952.156 generally requires payment of covered benefits by the 30th day after the insurer receives satisfactory proof of the claim. Save the insurer’s acknowledgment so you can track when that period begins. If you receive a partial payment, ask which items were paid, which remain under review and how much of your limit is left.
Can you use PIP and pursue the at-fault driver?
Eligible PIP benefits are payable without regard to fault under § 1952.155, so you can request benefits while the parties investigate responsibility. If another driver caused the crash, a separate liability claim may address losses beyond PIP. If you were a passenger pursuing a liability claim against the owner or driver of the car you were riding in, § 1952.159 provides for a credit in certain circumstances for PIP payments already made. Keep records for both claims so those payments can be accounted for accurately.
If the other driver lacks coverage, also review DIG’s guide to Texas crashes involving an uninsured driver. If you are dealing with conflicting coverage answers, mounting medical bills or a settlement offer, a Dallas car accident lawyer can review the available policies and the losses you still need to document.
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