PIP Claims After a Car Accident, Houston and Texas
PIP Claims After a Houston or Texas Car Accident, What Personal Injury Protection Covers and How to Use It.
Personal injury protection is a type of auto insurance coverage that pays your medical expenses and a portion of lost wages after a car accident regardless of who was at fault. Texas law requires insurers to offer PIP coverage when selling auto policies, though you may have declined it in writing. If you have PIP and have not used it after a crash, it may be available to cover medical bills, physical therapy, and other treatment costs immediately, without waiting for the liability claim to resolve. Using PIP does not reduce your right to pursue a personal injury claim against the at-fault driver. Adley Law Firm is a Texas personal injury firm. Call (713) 999-8669 for a free consultation.
Texas PIP Coverage, What the Law Requires
Personal injury protection in Texas is governed by Texas Insurance Code Chapter 1952. Under this statute, automobile liability insurers are required to offer PIP coverage to all applicants at the time of sale. You can decline PIP in writing, but if you do not reject it in writing, it is included in your policy. The minimum PIP coverage that must be offered is $2,500, though higher limits may be available.
PIP pays for your medical expenses arising from a car accident and 80 percent of your lost income during the period you are medically unable to work, up to the policy limit. It also covers certain other costs such as the expenses of hiring someone to perform essential services you cannot perform because of the injury. PIP pays regardless of who caused the crash and without requiring you to prove fault.
Unlike health insurance, PIP does not require a deductible or copay and does not have a network of preferred providers. Any licensed healthcare provider whose services are medically necessary is covered. PIP also has no subrogation rights under Texas law, meaning your PIP insurer cannot seek reimbursement from your personal injury recovery.
No Subrogation, Your PIP Insurer Cannot Claim From Your Settlement
Under Texas Insurance Code Section 1952.158, a PIP insurer in Texas has no right of subrogation against a personal injury recovery. This means using PIP to cover your medical bills and lost wages does not create a lien on your settlement. You keep your PIP benefits and your personal injury recovery separately. This is one of the significant advantages of PIP over health insurance, which may have subrogation rights.
PIP vs. Other Coverage Options
How PIP Compares to Other Payment Sources
These comparisons reflect Texas Insurance Code requirements and standard policy terms. Understanding how PIP differs from health insurance and from the at-fault driver’s liability coverage helps explain when and why to use it.
The no-subrogation feature distinguishes Texas PIP from health insurance in a meaningful way for personal injury claimants. When your health insurer pays medical bills from a car accident, it typically has a right to seek reimbursement from any personal injury recovery under a subrogation clause. That means health insurance payments effectively create a debt against your settlement. PIP payments in Texas do not.
Do I Need PIP Insurance In Texas?
Filing a Texas PIP Claim After a Crash
Filing a PIP claim is a separate process from the liability claim against the at-fault driver. It involves your own insurer, not the other driver’s.
PIP Claim Steps
Locate Your Declarations Page
Your auto insurance declarations page lists all coverages. Find it in your policy documents, your insurer’s app, or by calling your agent. Confirm whether PIP is included and what the limit is.
Open the PIP Claim With Your Own Insurer
Call your insurer’s claims line or log into the claims portal and report the accident to open the PIP claim. Have the crash date, location, and basic facts available.
Submit Medical Bills as They Come In
As you receive medical bills for covered treatment, submit them to the PIP claim. Keep copies of everything submitted and track payments received against the policy limit.
Document Lost Wages if Applicable
If your injuries prevented you from working, ask your employer for a letter documenting your missed work dates and normal wages. Submit this with the PIP claim to support the lost income benefit.
Contact Adley Law Firm
Call (713) 999-8669. We can review your coverage situation, explain how PIP interacts with your liability claim, and help you understand your full range of legal and insurance options.
What PIP Covers and What It Does Not
PIP Coverage Scope in Texas
Texas PIP covers a specific set of expenses. Understanding what is and is not covered helps you use it correctly.
- Medical expenses for treatment of bodily injuries sustained in the crash, including hospital, physician, surgery, radiology, and physical therapy
- 80 percent of lost income while medically unable to work due to the crash injuries, up to the policy limit
- Essential services expenses, the cost of hiring someone to perform household tasks you cannot perform because of the injury
- Funeral expenses up to the policy limit in the event of a fatal crash
PIP does not cover property damage, vehicle repair, or pain and suffering. It also does not pay benefits above the policy limit. When medical expenses and lost wages exceed the PIP limit, those additional costs become part of the personal injury claim against the at-fault driver. The PIP limit is per person per accident, not per incident, so if multiple people in your vehicle were injured, each has a separate PIP claim up to the policy limit.
See also: uninsured and underinsured motorist coverage and dealing with insurance after a car accident.
Common Questions
Texas PIP Claims, FAQs
Does using PIP affect my car accident lawsuit against the other driver?
No. Under Texas Insurance Code Section 1952.158, your PIP insurer has no subrogation right against your personal injury recovery. Using PIP to cover your medical bills and lost wages does not reduce what you may recover from the at-fault driver in a personal injury claim or lawsuit. The two are separate. You are not required to reimburse your PIP insurer from your personal injury recovery.
What if I declined PIP coverage, can I add it now?
PIP coverage must be purchased before the accident occurs. You cannot add it retroactively for a crash that has already happened. If you declined PIP in writing when you purchased your policy and have been in an accident, PIP is not available for that crash. Going forward, you can add it at your next renewal or contact your insurer about adding it mid-term. Texas law requires your insurer to offer it at each renewal.
Does PIP cover passengers in my vehicle?
Yes. Texas PIP coverage on your vehicle typically covers you and any passengers in your vehicle at the time of the crash, up to the policy limit per person. Each covered person has a separate claim up to the per-person limit. Passengers who are injured in your vehicle can file separate PIP claims under your policy.
What is the typical PIP limit in Texas and is it enough?
Texas requires insurers to offer a minimum of $2,500 in PIP coverage, though higher limits are available at additional cost. For serious injuries requiring extended treatment, physical therapy, or surgery, $2,500 may be quickly exhausted. Higher PIP limits can provide more complete coverage of medical expenses while the liability claim is pending. If your PIP is exhausted, health insurance or lien arrangements may cover additional treatment costs.
What is the deadline to file a PIP claim in Texas?
Your auto insurance policy will specify the time requirements for filing a PIP claim. Most policies require prompt notice after an accident, and many specify that claims must be submitted within a certain period of the treatment date. Review your policy or contact your insurer to confirm the deadline. Filing promptly is advisable to avoid coverage disputes based on late notice.
Client Testimonials
What Our Clients Say
Real Google reviews from people we’ve represented. Each name links to the original post.
This was my first time having to deal with any injury / accident that had to involve a lawyer. When I came to adley law firm they were super helpful and always explained everything before things got done. For my first time I would really recommend coming here.
I highly recommend Adley Law firm, they were very professional, friendly and worked diligently to obtain a favorable outcome for my case. Thank you Juan for always making yourself available to answer any questions or concerns and keeping me informed with updates.
My experience with the Adley law firm was very satisfactory. They were attentive to my recovery at all times and made me feel secure throughout the process. It was the best choice I could have made to resolve my case; they took care of everything. I highly recommend them.
The staff and entire team at Adley law firm is amazing! From day one, they were super easy to work with, professional but also really approachable. Juan went above and beyond for us. They took the time to explain everything in a way I could actually understand, and I always felt like they had my back. They were quick to respond, kept me in the loop, and got the results I was hoping for.
Thank you Jon and Yankel did a great job on my case really appreciate their hard work and kept me up to date
I really appreciate everyone at Adley Law Firm, especially Kevin, for being so patient and thorough in helping me get through the legal process. Kevin was always available to answer all my questions no matter how small. I highly recommend them if you are in need of a personal injury attorney.
Why Adley Law Firm
A Texas Firm for Car Accident Insurance Claims
Adley Law Firm is a Houston-based personal injury firm. Kevin Adley is a member of the Texas Trial Lawyers Association and the American Association for Justice, and is admitted to the U.S. District Court for the Southern District of Texas in addition to all Texas state courts. No upfront costs, no fee unless compensation is recovered. Call (713) 999-8669.
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Questions About PIP Coverage After a Texas Car Accident?
PIP may cover your medical bills and lost wages immediately, with no subrogation on your recovery. We can review your coverage and explain what options may be available. No fees unless we recover.