Short answer
Texas insurers must include PIP in every auto policy unless a named insured rejects it in writing (Insurance Code §1952.152). The minimum is $2,500 per person (§1952.153). It pays medical bills, lost income, and household services regardless of who caused the crash — even if you have health insurance — and the insurer must pay within 30 days after it receives satisfactory proof of the claim (§1952.156).
What PIP pays for
Texas Insurance Code §1952.151 defines PIP benefits as payment for expenses from the crash that are incurred within three years of it:
- Necessary medical, surgical, X-ray, and dental care — including prosthetic devices
- Ambulance, hospital, and professional nursing services
- Funeral services
- Income lost because of the crash, if you earn income
- If you don’t earn income, reasonable costs of essential services you normally perform for your household
Who PIP covers
PIP covers the named insured, members of your household, and any authorized driver or passenger in your car — including a guest riding with you (§1952.151). That means a passenger hurt in your car can usually use your PIP, regardless of which driver caused the crash.
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PIP pays regardless of fault — and other insurance
PIP benefits are payable without regard to fault and without regard to other coverage such as health insurance or wage-continuation benefits (§1952.155(a)). You don’t have to wait for the other driver’s insurer to accept fault.
Your PIP insurer generally can’t recover what it paid you from the at-fault driver (§1952.155(b)). The exception: if the at-fault driver didn’t have the insurance Texas requires, your insurer can pursue them (§1952.155(c)).
How fast PIP has to pay
The insurer must pay PIP benefits as claims arise, and no later than 30 days after it receives satisfactory proof of the claim (§1952.156). If it fails to pay when due, you can sue for the benefits and recover reasonable attorney’s fees, a 12% penalty, and interest (§1952.157).
Did you reject PIP?
PIP only goes away if a named insured on the policy rejected it in writing (§1952.152). Check your policy’s declarations page — if PIP is listed with a limit, you have it. If you’re not sure, ask your insurer whether there is a signed rejection on file.
How to use your PIP
- Call your own insurance company and open a PIP claim — separate from any claim against the other driver.
- Send medical bills and records as you get them.
- For lost income, send proof from your employer of the days missed and your pay.
- Keep copies of everything you send and the date you sent it — the 30-day clock runs from satisfactory proof.
You can use PIP first and still pursue the at-fault driver’s insurance for costs beyond it. See who pays medical bills after a crash.
Frequently asked questions
Is PIP required in Texas?
Every Texas auto policy must include PIP unless a named insured rejects it in writing (Insurance Code §1952.152). The minimum is $2,500 per person (§1952.153).
Does PIP pay if the crash was my fault?
Yes. PIP is payable regardless of who was at fault (§1952.155).
Can I use PIP if I have health insurance?
Yes. Texas law says PIP is payable without regard to other sources of medical or wage benefits (§1952.155).
How long does PIP have to pay in Texas?
No later than 30 days after the insurer receives satisfactory proof of the claim (§1952.156). Late payment can bring a 12% penalty plus attorney’s fees and interest (§1952.157).
Does PIP cover passengers in my car?
Yes. PIP covers any authorized driver or passenger in your vehicle, including a guest, as well as you and your household (§1952.151).
Texas law and sources cited
- Tex. Ins. Code §1952.151 — what PIP covers and who it covers
- Tex. Ins. Code §1952.152 — PIP must be included unless rejected in writing
- Tex. Ins. Code §1952.153 — PIP minimum of $2,500 per person
- Tex. Ins. Code §1952.155 — PIP paid regardless of fault or other coverage
- Tex. Ins. Code §1952.156 — PIP paid within 30 days of proof
- Tex. Ins. Code §1952.157 — penalty when PIP is paid late
General information, not legal advice. DFW Crash Data is not a law firm, and every situation is different — for advice about your own claim, talk to a licensed Texas attorney. Laws change; the sources above were checked on the date shown at the top of this page.