PIP, or personal injury protection, is a type of no-fault insurance for automobile accidents. Some states have no-fault insurance laws that require drivers to purchase PIP insurance. Accident victims are prohibited from suing the at-fault driver except under specific conditions.
Other states have a hybrid no-fault system using PIP and liability insurance. Many at-fault states require insurance companies to offer PIP insurance but do not make it mandatory.
Does Texas Require Drivers to Purchase PIP Insurance?
Texas is an at-fault state for automobile accidents. You can sue the other driver for economic and non-economic damages. Because Texas is a fault state, drivers must have minimum liability insurance.xz
Texas insurance laws do not require drivers to purchase PIP coverage. However, they do require insurance companies to offer it with their liability insurance policies. If the customer does not want PIP coverage, they must decline it in writing.
How Does PIP Insurance Work After a Car Accident in Texas?
If you purchased PIP coverage as part of your automobile insurance policy, it could benefit you if you are involved in a car accident. PIP benefits are paid to the covered individuals regardless of who caused the accident. In other words, you can receive PIP benefits from your insurance provider even if you caused the car crash.
PIP benefits include:
- Medical expenses
- Lost income
- Reasonable household services
- Death benefits
PIP benefits can be paid quickly because you do not need to prove who caused the car accident to receive benefits. In addition to covering the driver, PIP extends to passengers in your vehicle, members of your household, and anyone authorized to drive your vehicle. Because personal injury claims can take months to settle, many people purchase PIP to help with expenses after a car accident.
Does Personal Injury Property Pay All Damages Caused by a Car Accident in Texas?
PIP does not pay for all damages you incur in a car accident. Expenses that your policy would not cover include:
- Medical bills and lost wages that exceed your policy limits
- Property damage
- Pain and suffering
- Injuries to people
Your PIP benefits may not pay all medical bills and lost wages, depending on your policy limits and the amount of your bills. You do not receive anything for your emotional distress, physical pain, mental anguish, and other non-economic damages.
Filing a Personal Injury Claim Against the At-Fault Driver?
In addition to filing a PIP claim with your insurance company, you may also have a liability claim against the driver who caused the accident. You can sue the driver for damages caused by the crash.
Typically, car accident claims begin with the injured party filing an insurance claim with the at-fault driver’s insurance company. All Texas drivers are required to have minimum liability insurance in the amount of:
- $25,000 to cover property damage claims
- $30,000 to cover bodily injury/death claims
- $60,000 per accident for death and bodily injury claims
The statute of limitations for most car accident lawsuits is two years from the crash date. However, exceptions could change the deadline in your case. Therefore, you should talk with a Texas car accident lawyer as soon as possible to avoid missing the deadline.
What Damages Could I Recover for a Liability Claim?
Even though you filed a PIP claim and received benefits, you can still seek compensation for a liability claim. You must prove negligence to recover damages. The elements of a negligence claim are:
- Duty of care
- Breach of duty
- Causation
- Damages
All drivers have a duty to operate their vehicles safely and follow traffic laws. Drivers breach their duty of care when they fail to take reasonable care to avoid accidents.
However, proving that a driver breached the duty of care is insufficient to prove liability for damages. You must also prove that the driver’s conduct caused your accident and resulted in your injuries.
Injured parties may receive economic and non-economic damages for a liability claim, including:
- Medical bills
- Pain and suffering
- Disfigurement, impairment, and disability
- Lost wages
- Diminished quality of life
- Emotional suffering
- Reduced earning capacity
- Loss of enjoyment of life
- Mental anguish
- Out-of-pocket expenses
The value of your claim depends on the severity of your injuries and other factors. However, if you are partially to blame for causing the crash, your damages can be reduced.
Texas’s comparative fault law states that a victim’s damages can be reduced by their percentage of fault for causing an accident. If the victim is more than 50% at fault, they cannot recover damages.
Statements you make to the insurance adjuster could make you appear partially to blame for the accident. Before speaking with an insurance company, call an attorney to schedule a free consultation.
Contact a Car Accident Lawyer Today for a Free Consultation
If you’ve been in a car accident and need help navigating your Personal Injury Protection (PIP) options in Texas, Anderson Injury Lawyers is here to guide you. Our experienced attorneys understand the complexities of insurance claims and are dedicated to securing the compensation you deserve. Don’t navigate this process alone—contact us or call us today at (817) 294-1900 for a free consultation today. We’ll help you protect your rights and focus on recovery.