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Texas PIP and medical payments, Insurance Code §1952.151: the statute text explained

The official text of the Texas law on personal injury protection, including the written-rejection rule, and what the law says about medical payments coverage.

7 min readPublished October 27, 2026Last updated October 27, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

Texas Insurance Code §1952.152 says an insurer may not issue an automobile liability insurance policy in Texas unless it provides personal injury protection (PIP) coverage, and that the coverage "does not apply if any insured named in the insurance policy rejects the coverage in writing" (Ins. Code §1952.152). PIP pays reasonable expenses arising from an accident, such as necessary medical services and lost income for an income producer, without regard to fault (§§1952.151, 1952.155). Medical payments coverage is different: no Texas statute requires it, and it is a policy option (§1952.161; TDI). An attorney can tell you how these rules apply to a specific situation.

This entry provides general informational guidance and is not legal advice.

Key facts (as of 2026-10-27)

  • Included unless rejected in writing. An insurer must provide PIP in or supplemental to an auto liability policy, unless an insured named in the policy rejects it in writing (§1952.152).
  • Who it covers. The named insured, members of the insured's household, and any authorized operator or passenger of the named insured's vehicle, including a guest occupant (§1952.151).
  • Expenses within three years. PIP covers reasonable expenses incurred not later than the third anniversary of the date of the accident (§1952.151(2)).
  • $2,500 is the most the subchapter requires. The subchapter does not require more than $2,500 per person for all benefits combined (§1952.153); a policy can carry a higher limit.
  • Without regard to fault. Benefits are payable without regard to fault or to any collateral source of medical, hospital or wage continuation benefits (§1952.155(a)).
  • Paid within 30 days of proof. Benefits are paid as claims arise, but not later than the 30th day after the insurer receives satisfactory proof of a claim (§1952.156(a)).
  • Medical payments coverage is a policy option. The PIP subchapter does not affect its offering (§1952.161(1)).
  • Last amended in 2023. The history lines list §1952.152 as last amended by Acts 2007, 80th Leg., R.S., chs. 730 and 921, and §1952.155 by Acts 2023, 88th Leg., R.S., ch. 709 (H.B. 2190); §§1952.151, 1952.153 and 1952.156-.161 are unamended since added by Acts 2005, 79th Leg., ch. 727 (H.B. 2017).

What does the law say PIP is?

The official text of Tex. Ins. Code §1952.151, as published by the Texas Legislature:

Sec. 1952.151. PERSONAL INJURY PROTECTION. "Personal injury protection" consists of provisions of an automobile liability insurance policy that provide for payment to the named insured in the policy, members of the insured's household, and any authorized operator or passenger of the named insured's motor vehicle, including a guest occupant, of all reasonable expenses that: (1) arise from an accident; (2) are incurred not later than the third anniversary of the date of the accident; and (3) are for: (A) necessary medical, surgical, x-ray, or dental services, including prosthetic devices, and necessary ambulance, hospital, professional nursing, or funeral services; (B) in the case of an income producer, replacement of income lost as the result of the accident; or (C) in the case of a person injured in the accident who was not an income or wage producer at the time of the accident, reimbursement of necessary and reasonable expenses incurred for essential services ordinarily performed by the injured person for care and maintenance of the family or family household.

Source: Tex. Ins. Code §1952.151, statutes.capitol.texas.gov. Text last checked October 27, 2026.

The written-rejection rule

The official text of §1952.152:

Sec. 1952.152. PERSONAL INJURY PROTECTION COVERAGE REQUIRED. (a) An insurer may not deliver or issue for delivery in this state an automobile liability insurance policy, including a policy provided through the Texas Automobile Insurance Plan Association under Chapter 2151, that covers liability arising out of the ownership, maintenance, or use of any motor vehicle unless the insurer provides personal injury protection coverage in the policy or supplemental to the policy.

(b) The coverage required by this subchapter does not apply if any insured named in the insurance policy rejects the coverage in writing. Unless the named insured requests in writing the coverage required by this subchapter, the insurer is not required to provide that coverage in or supplemental to a reinstated insurance policy or renewal insurance policy if the named insured rejected the coverage in connection with that insurance policy or an insurance policy previously issued to the insured by the same insurer or by an affiliated insurer.

Source: Tex. Ins. Code §1952.152. TDI says the same in its consumer guide: "All auto policies in Texas include PIP coverage. If you don’t want it, you must tell the company in writing" (TDI, Auto insurance guide).

What does it mean in plain language?

  • It is the policyholder's own coverage. PIP is part of the insured's policy, and it covers the people §1952.151 lists, including passengers and guest occupants of the named insured's vehicle.
  • It pays expenses, not a set sum. It pays reasonable expenses of the kinds listed: necessary medical and related services, replacement of lost income for an income producer, and certain household services for a person who was not an income or wage producer.
  • Fault does not decide it. Benefits are payable without regard to who caused or contributed to the collision, and without regard to health insurance or other collateral sources (§1952.155(a)).
  • Timing rules. The insurer pays as claims arise, not later than the 30th day after it receives satisfactory proof of a claim, and the policy may require the original proof of loss within a period of not less than six months after the accident (§1952.156).
  • If benefits are not paid when due. The person entitled to them may bring an action in contract, and if the insurer is required to pay, the person is entitled to recover reasonable attorney's fees, a penalty of 12 percent and interest at the legal rate from the date the amounts became overdue (§1952.157).
  • Exclusions. The insurer must exclude benefits if the insured's conduct contributed to the injury and involved intentionally causing injury to the insured, or occurred while committing a felony or while seeking to elude lawful apprehension or arrest (§1952.158).
  • Passengers and the driver's liability coverage. If a guest or passenger makes a liability claim against the owner or operator of the vehicle they rode in, the owner, operator or liability insurer is entitled to an offset for PIP amounts it paid to that guest or passenger (§1952.159).

What about medical payments coverage?

No Texas statute requires medical payments coverage or sets its terms. The PIP subchapter mentions it once. The official text of §1952.161:

Sec. 1952.161. CERTAIN COVERAGE UNAFFECTED. This subchapter does not: (1) affect the offering of medical payments coverage, disability benefits, or accidental death benefits, as presently prescribed by the commissioner; or (2) prevent an insurer from providing benefits broader than the minimum benefits described by this subchapter, subject to the rules prescribed by the commissioner.

Source: Tex. Ins. Code §1952.161. TDI describes the coverage this way: "Medical payments coverage pays your and your passengers’ medical bills. It also pays if you’re hurt while riding in someone else’s car or while walking or biking." It adds: "Personal injury protection (PIP) coverage is similar to medical payments coverage... But it also pays for things like lost wages and other nonmedical costs." (TDI, Auto insurance guide; the ellipsis omits one sentence that repeats the medical bills point.) Whether a policy includes medical payments coverage, and its limit, is a matter of the policy; TDI says the declaration page shows a policy's coverages, dollar limits and deductibles.

When was this checked, and can it change?

The text above was last checked on October 27, 2026, against the official text published by the Texas Legislature and the TDI page linked above. The Legislature can amend a statute in any session. It convenes in regular session on the second Tuesday in January of each odd-numbered year (Gov't Code §301.001), so the next regular session begins on January 12, 2027. This entry is scheduled to be rechecked against the official text by April 2027 and again after the 2027 regular session ends.

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Frequently asked questions

Is PIP required in Texas?
Under Tex. Ins. Code §1952.152(a), an insurer may not deliver or issue for delivery in Texas an automobile liability insurance policy unless it provides personal injury protection coverage in the policy or supplemental to it. Under §1952.152(b), the coverage does not apply if any insured named in the policy rejects it in writing.
Does PIP depend on who caused the crash?
No. Section 1952.155(a) says the benefits are payable without regard to the fault or nonfault of the named insured or recipient in causing or contributing to the collision, and without regard to any collateral source of medical, hospital or wage continuation benefits.
How much PIP does Texas law require?
Section 1952.153 says the subchapter does not require an insurer to provide personal injury protection coverage in an amount that exceeds $2,500 for all benefits, in the aggregate, for each person. A policy can carry a higher limit; the declarations page shows it.
Is medical payments coverage required by Texas law?
No Texas statute requires it. Section 1952.161 says the PIP subchapter does not affect the offering of medical payments coverage as presently prescribed by the commissioner. The Texas Department of Insurance describes medical payments coverage as paying your and your passengers' medical bills.
Can InjuryClaimGuide tell me what my policy pays?
No. InjuryClaimGuide is a legal advertising service. We do not apply the law or a policy to anyone's situation and do not evaluate any claim. Your policy states its own terms, and an attorney can advise you about your specific situation.

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