PIP and uninsured motorist coverage after a Dallas crash

After a crash, most people think about the other driver’s insurance. Your own policy may matter just as much. Texas law builds two coverages into every auto policy unless they were rejected in writing: personal injury protection (PIP) and uninsured or underinsured motorist coverage (UM/UIM). This article from LAWBOSS – Harris, Nelsen & Uvalle, PLLC explains them.

Personal injury protection (PIP)

PIP must be included in a Texas auto policy unless a named insured rejects it in writing (Insurance Code section 1952.152). It is paid without regard to who caused the crash (section 1952.155), so you do not have to win the fault argument to use it. The insurer must pay PIP benefits within 30 days of receiving satisfactory proof of the claim (section 1952.156).

The law does not require PIP limits above 2,500 dollars per person (section 1952.153), though many policies carry more. PIP generally helps with medical expenses and lost income after a crash, and it can be one of the first sources of money while the main claim is still open.

Uninsured and underinsured motorist coverage (UM/UIM)

UM/UIM coverage must also be included unless rejected in writing (section 1952.101). It can apply when the driver who caused the crash has no insurance, cannot be identified, as in many hit-and-run crashes, or has too little coverage for your losses.

Texas requires liability coverage of at least 30,000 dollars for injury or death of one person, 60,000 dollars for two or more and 25,000 dollars for property damage per crash (Transportation Code section 601.072). Those are minimums, and a serious injury can cost far more than a minimum policy pays. That is when UIM coverage matters.

An example of how the coverages fit together

Picture a rear-end crash on Central Expressway. You are hurt and miss two weeks of work. Your PIP can help with the first medical bills and lost income right away, regardless of fault. The other driver’s liability insurer is responsible for your losses under the fault rule, up to its policy limits. If those limits are too low for the injury, your underinsured motorist coverage may cover part of the rest, under its own terms. Each insurer has its own forms, adjuster and timeline, which is why it helps to have one firm coordinating all of them.

The order matters too. Using PIP early can keep bills from going to collections while the main claim is built, and the record of what PIP paid becomes part of the demand. We keep track of every payment so nothing is counted twice and nothing is missed.

Did you reject it?

Many people do not remember. The answer is on your policy’s declarations page and in the signed rejection form, if there is one. If the insurer cannot show a written rejection, the coverage may be part of the policy. Send us your declarations page and we will read it with you.

Working with your own insurer

• Report the crash to your insurer as your policy requires.
• Ask for a copy of your full policy and declarations page.
• Keep copies of every claim form and bill you send.
• Be careful with recorded statements, even to your own insurer, about fault or injuries you do not yet understand.
• Note every payment you receive; they are part of the full picture of the claim.

Claims against your own insurer are a separate conversation from the claim against the at-fault driver’s insurer, and both have to be handled with the same care.

How LAWBOSS uses this

Our attorneys came largely from the insurance side, and they read policies the way insurers do. When you hire us, we find every coverage that may apply, open the claims and deal with each insurer, so you are not managing three adjusters while you recover. No Fees or Costs Unless We Win: the firm advances case costs, and you owe no attorney’s fee and no case costs unless money is recovered for you.

Read more on our injury lawyer in Dallas page or our Texas injury law guide.