Do I Need Personal Injury Protection in Texas?

Personal injury protection (PIP) is not legally required in Texas, but it is mandatory for insurance companies to offer it to their customers. Although drivers can opt out of the insurance, if you decide you want to take this step, you must submit a written request to your policyholder.

However, attorneys and insurance experts highly recommended PIP. This affordable coverage extends to the driver and all passengers that were in the vehicle at the time of the accident, no matter who caused the crash.

Why is PIP Coverage Important?

PIP is important for drivers because it covers the unexpected. As a driver, PIP offers coverage for the following circumstances:

• You’re injured and the other driver flees the scene and is never found
• You’re injured and the other driver doesn’t have insurance
• The other driver has insurance, but not enough to cover your medical expenses

PIP helps provide you with peace of mind that if you’re involved in an accident, even if the opposing driver speeds away, you’ll be covered. With one reportable crash every 56 seconds on Texas roadways, it’s important to have additional coverage as a driver. Medical bills can quickly pile up otherwise.

Claiming PIP will not cause your insurance rates to go up so there is no reason not to claim it. The only time your insurance is impacted is if you cause an accident with damage over $1,000. In fact, many car accident attorneys view PIP as free money. It’s easily accessible, usually within weeks or a month after your accident. You can use it to pay for your initial recovery while your attorney works on building a case against the other driver’s insurance company. If you have questions about whether or not you should claim PIP, talk to a car accident attorney for free advice.

PIP vs. Med-Pay

Texas drivers are able, by law, to receive $2,500 in PIP coverage from insurers. You can also pay more for higher coverage amounts of $5,000 to $10,000 for added financial protection. Texas has over 265,000 people suffering from car accident-related injuries annually and 17,500+ suffering serious injuries. Contact our car accident injury attorneys today.

The additional financial protection helps absorb some of the costs of an accident.

Under PIP, the following coverage is offered:

• $2,500 or more in coverage
• Coverage for policyholders, in-house family members, and/or drivers are given permission to drive the covered vehicle
• Reasonable medical expenses relating to the accident within 3 years of the accident date
• Funeral expenses
• 80% of lost wages or essential services for someone unemployed, such as childcare

While the Texas Department of Insurance does require all insurance providers to offer PIP to policyholders, Med-Pay coverage is not required.

Med-Pay is similar to PIP and not required to be offered to drivers. Coverage is less expansive and offers:

• Accident-related expenses for one year
• No chiropractic care
• Health insurance deductible and co-pay reimbursement

You also won’t receive any pay for lost wages or essential services if you’re unemployed.

In Texas drivers opt for PIP far more than MedPay. The main reason for this is that PIP covers lost wages. If you are injured in an accident and unable to work for a few days or a couple of weeks, you can make a claim. MedPay often makes sense for drivers who are retired and wouldn’t benefit from recovering from lost wages.

Texas Minimum Auto Insurance Coverage 2020

Texas is known for having 30/60/25 coverage. As of January 1, 2026, this coverage outlines the minimum liability coverage that a policyholder is required to obtain if they live and drive in Texas. You’re free to pay for more coverage, but the higher the coverage, the more your policy costs will rise.

Minimum Liability Coverage

While coverage minimums can increase, they’re set as the following in 2026:

• $30,000 per person in bodily injury liability
• $60,000 per accident in bodily injury liability
• $25,000 per accident in property damage liability

These are the mandated requirements by Texas law. If you’re leasing or financing an auto, the lender has the right to demand that you have higher coverage limits. A general rule of thumb is that you’ll need to have physical damage coverage, often called collision or full coverage when you do not own the vehicle outright.

Personal Injury Protection

Under Sec 1952.152, insurers must offer PIP to their policyholders. Coverage can be in a supplemental policy or part of an auto liability policy. As a policyholder, it is your right to decline coverage for PIP.

If you want to decline the coverage, you’ll need to submit your request to decline coverage in writing.

Anyone that does not have the minimum required coverage in Texas faces fines, vehicle impounds, vehicle registration suspension and potential SR-22 certificate filing.

When you have adequate insurance, it protects yourself and other drivers on the road. Insurance will reduce your personal liability in an accident to ensure that your personal assets are safe if someone related to the accident sues you.

How Does PIP Work in Texas?

PIP is an extra protection that doesn’t consider who caused the accident. Whether you were clearly at-fault and caused the accident or a hit-and-run driver caused the accident, PIP will provide you and passengers in the vehicle with vital protections.

If you are not sure what personal injury protection covers, it can be used for:

Medical Bills

A PIP policy in Texas covers your medical bills at 100 percent, up to your purchased limit. This includes costs for hospital stays, surgeries, doctor visits, x-rays, and rehabilitation for up to three years after an accident. The coverage extends to the driver and passengers in the insured vehicle, but that is not all. Household family members, even if they are injured while riding in another person’s car or as a pedestrian, are also protected.

Lost Wages

If you did not reject PIP coverage, you are also entitled to a maximum compensation of 80 percent of lost income if going back to work is impossible due to the injuries you sustained in the accident. If you are unemployed at the time you were injured, PIP may still help. It could be used to pay for essential services, such as childcare, house cleaning, or home maintenance. To file a successful claim, you must provide proof of income and a doctor’s statement.

Funeral Expenses

PIP also covers burial costs following a fatal accident in Texas. These reasonable, necessary expenses for the policyholder, household family members, and injured passengers is at least $2,500. However, this amount can be higher, depending on the policy limits you purchased. If you exhaust your PIP’s coverage options, other resources may be available for any additional funeral expenses, such as MedPay or through a wrongful death claim.

Survivor Benefits

In addition to funeral expenses, a PIP policy may provide survivor benefits. Depending on the policy, this supplemental coverage could help replace lost income for the deceased’s loved ones. If the departed was employed, PIP may compensate for a portion of lost income, generally up to 80 percent, to help support the family after this devastating loss. However, it is crucial to check the specific terms of your PIP insurance policy to understand the exact limits of your survivor benefits.

PIP doesn’t have a wait time: it’s paid out regardless of fault. When you sue another driver or have to wait on the insurer to determine fault, your bills are still accruing. PIP claims must be paid regardless of fault, so they offer a blanket of protection to motorists.

When Does Personal Injury Protection Come in Handy?

If you are still unsure whether you need PIP or not, there are a few occasions when keeping this typically cost-effective coverage can make a big difference to your financial future. These include:

Covering Your Immediate Losses

Medical bills and missed work happen immediately after a car accident. PIP pays right away, so you do not have to wait for maximum medical improvement to settle this initial claim.

Protecting You from Uninsured and Underinsured Motorists

If the at-fault driver in your collision has no insurance or insufficient coverage, PIP ensures your medical expenses are paid in full, up to the policy limits.

Safeguarding You in At-Fault Accidents

If you cause the accident, your liability insurance does not cover your own medical bills. However, PIP does by safeguarding you from mounting treatment expenses.

Protection in Hit-and-Run Accidents

Hit-and-run accidents are common in Texas, especially near large cities like Houston. PIP covers your medical expenses, even when the responsible driver flees the scene.

Relief from High Deductibles

If you have health insurance with high deductibles or limited coverage, PIP could fill the gap. It is designed to act as a safety net because it typically has no deductible and pays out from the first dollar of medical bills.

Do You Have Lingering PIP Questions? Ask Our Knowledgeable Attorneys for Advice

If you’ve been injured in an accident, dealing with insurance companies can be tedious and frustrating to figure out whose insurance is going to cover your injuries. It’s best if you speak to a car accident attorney. They can handle your case on contingency, meaning the attorney only gets paid when they get a settlement for you. You should spend your time getting treated for your injuries and back to work.

Our personal injury attorneys primarily serve clients in Houston, Denton, and Austin. So if you are in our neighborhood, contact Fleming Law Accident & Injury Attorneys today for a free consultation 713-575-2896 now. We are available 24/7 to better serve you after a car accident in Texas.