In our firm’s experience, many people get into a car accident in Texas and are not aware of all the insurance coverage they already have under their own automobile insurance policy. Your car insurance may include Personal Injury Protection, commonly called PIP insurance or PIP coverage, that can help pay certain expenses after a car wreck.

PIP covers reasonable and necessary expenses that arise from a car accident, regardless of who is found at fault. This means your own PIP coverage may help pay medical bills and lost wages after a car accident, even if you caused the wreck.

PIP is separate from your liability coverage and your uninsured/underinsured motorist (UM/UIM) coverage. You may not even realize you have PIP insurance, so you should always check your automobile insurance declarations page to see what coverage you carry, especially after you have been injured in a car wreck.

What expenses does PIP cover after a car accident?

Under Texas law, you may be able to recover reasonable and necessary expenses that arise from a car wreck through your Personal Injury Protection coverage, including:

• Medical services
• Surgical services
• X-ray services
• Dental services
• Ambulance services
• Hospital services
• Nursing services
• Funeral services
• Lost wages if you are an income producer
• Essential services you ordinarily perform for the care and maintenance of your family or household if you are not an income producer

Because PIP can provide benefits regardless of fault, it can be an important source of insurance coverage for medical expenses and lost income after a Texas car accident.

How much can you recover under PIP in Texas?

You should always check your car insurance declarations page to determine the amount of your specific PIP coverage. Many automobile insurance policies that include PIP provide between $2,500 and $10,000 in Personal Injury Protection benefits after a car wreck.

Remember, your PIP coverage is separate from your liability coverage and your UM/UIM coverage. Depending on the circumstances of your accident, there may be multiple types of insurance coverage available after a car accident.

Who can recover PIP benefits after a car accident?

The following people can generally recover under a PIP provision in a Texas automobile insurance policy after a car wreck:

• The named insured under the policy
• Members of the insured’s household
• Any authorized operator or passenger of the named insured’s motor vehicle, including a guest occupant

This means PIP coverage may apply not only to the person who purchased the insurance policy but also to certain family members, drivers, and passengers injured in a car accident.

Can you recover PIP if you were at fault for the accident?

Yes. You can generally recover PIP benefits regardless of who was at fault for the car accident.

Unlike a liability insurance claim against another driver, PIP benefits are not dependent on proving that another driver caused the wreck. The general requirement to recover PIP benefits is that you were involved in a covered motor vehicle accident and incurred reasonable and necessary expenses as a result of the wreck.

So, even if you were at fault for a car accident in Texas, you may still have PIP benefits available under your own auto insurance policy.

How long after a car accident can you recover PIP benefits?

You should submit your PIP insurance claim and documentation of your expenses as soon as possible after the car wreck. Generally, the covered expenses must be incurred within three (3) years of the date of the car wreck to recover under your PIP provision.

If you have been injured in an accident, it is a good idea to review your insurance policy early so you understand what car accident insurance benefits may be available to help with your medical expenses and lost wages.

Are Texas insurance companies required to offer PIP coverage?

Yes. Texas insurance companies must offer Personal Injury Protection coverage of at least $2,500 as part of an automobile insurance policy.

Texas law does not, however, require an insured to purchase PIP coverage. An insured can reject PIP coverage in writing.

Because PIP coverage can help pay certain medical bills, lost wages, and other expenses after a car accident regardless of fault, it is important to determine whether you have PIP coverage after a wreck—even if you did not know the coverage was included in your policy.

Do I need a lawyer to file a PIP claim in Texas?

You do not necessarily need a lawyer to file a PIP claim after a Texas car accident. In many cases, you can submit a claim directly to your own insurance company for covered medical expenses, lost wages, and other benefits.

However, if your insurance company denies your PIP claim, delays payment, disputes your medical expenses or lost wages, or refuses to pay the full amount of your PIP benefits, it may be helpful to speak with a Texas car accident attorney.

An attorney can also help determine whether you have other sources of compensation available after a car wreck, including a claim against the at-fault driver’s insurance or benefits under your own uninsured/underinsured motorist (UM/UIM) coverage.

If you were injured in a car accident in Houston or anywhere in Texas and have questions about your PIP coverage, medical bills, lost wages, or other insurance benefits, Mostyn Law can help you understand your options. Our Texas car accident attorneys can review your insurance coverage, help determine what benefits may be available, and pursue compensation from the responsible parties and insurance companies. Contact Mostyn Law today for a free consultation about your car accident claim.