Knowing your rights and responsibilities following a car accident is crucial if you are ever involved in a car accident in the Lone Star State. Texas insurance contracts must include personal injury protection unless the insured expressly denies it. But what is this insurance, and when does it apply? An experienced San Antonio car accident lawyer from The Aguirre Law Firm, PLLC can review your specific insurance policy and the protections it provides.
Personal injury protection (PIP) is considered a form of no-fault insurance. It provides payment for healthcare expenses, lost wages, and other damages arising out of a car accident to the policyholder and the occupants in their vehicle. If you have PIP insurance, you can file a claim with your own insurance provider, regardless of who is at fault for the accident. PIP insurance has a per-person maximum, so if multiple people were injured in the accident, it provides coverage up to the policy limits per each injured individual.
No, PIP insurance is not required in Texas. However, insurance companies are required by law to offer PIP insurance when they are selling auto insurance to their insured. If you don’t want PIP, you must inform the insurance company in writing of your preference.
All insurers must offer at least $2,500 in PIP insurance to people they sell auto insurance to. However, you could increase the coverage amount to $5,000 or $10,000. For many people, PIP insurance serves as a safety net after a car accident. It can help cover initial healthcare costs, deductibles, and lost income incurred because of a car crash. It can be particularly helpful in cases involving hit-and-run crashes or those involving uninsured or underinsured drivers. Even if the at-fault driver has liability insurance, it may be several months before their insurer pays on a claim, so having PIP can help protect a person’s long-term interests while waiting for a fair settlement.
PIP covers the initial costs associated with car crashes, including:
Determining the cause of the accident can help identify the party or parties responsible for it.
If you want to use your PIP benefits, you will submit a claim with your own insurance company. PIP is not mutually exclusive, so you may be able to file a claim that uses your uninsured/underinsured motorist coverage, comprehensive coverage, or other components of your auto insurance policy to cover many of your losses.
You must file your claim within three years of the accident date, but you shouldn’t delay filing it because insurance companies will use any delay in the claims process as justification for denials. When you submit your claim, you should include documentation that shows the costs you have incurred and paid for. A San Antonio injury lawyer from our firm can walk you through this process to protect your rights.
If you were injured in a car accident and have questions about filing a PIP claim, contact The Aguirre Law Firm, PLLC for a free consultation to discuss your legal options.
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