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Personal Injury Protection (PIP) in Texas

A plain-language guide to the Texas rules for personal injury protection, the part of your own auto policy that pays certain accident expenses regardless of who was at fault.

6 min readPublished October 20, 2026Last updated October 20, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

Personal injury protection (PIP) pays certain reasonable expenses after a crash, including necessary medical and funeral services and, for an income producer, lost income, for the named insured, household members and authorized drivers and passengers of the insured's vehicle, without regard to fault (Ins. Code §§1952.151, 1952.155). A Texas auto liability policy must include PIP unless a named insured rejects it in writing (§1952.152). Your declarations page shows whether your policy includes it and its limit.

Introduction

Personal injury protection, usually called PIP, is a coverage that Texas auto liability policies must include unless it is rejected in writing. It pays certain expenses after a crash, and it does not depend on who caused the crash. This guide explains what the Texas Insurance Code says about PIP: who it covers, what it pays, how it can be rejected, and how a claim for benefits works.

This article provides general informational guidance and is not legal advice. The terms of your own policy control what it covers, and your insurer can tell you what your policy includes.

What PIP Pays

Under Ins. Code §1952.151, PIP pays reasonable expenses that arise from an accident and are incurred not later than the third anniversary of the accident, for:

  • necessary medical, surgical, x-ray or dental services, including prosthetic devices, and necessary ambulance, hospital, professional nursing or funeral services;
  • for an income producer, replacement of income lost as the result of the accident; and
  • for an injured person who was not an income or wage producer at the time of the accident, reimbursement of necessary and reasonable expenses for essential services that person ordinarily performed for the care and maintenance of the family or household.

Who PIP Covers

The same section says PIP pays these expenses for:

  • the named insured in the policy;
  • members of the named insured's household; and
  • any authorized operator or passenger of the named insured's motor vehicle, including a guest occupant (§1952.151).

PIP Pays Regardless of Fault

PIP benefits are payable without regard to the fault or nonfault of the named insured or the recipient in causing or contributing to the collision. They are also payable without regard to any collateral source of medical, hospital or wage continuation benefits (§1952.155(a)).

As a general rule, an insurer that pays PIP benefits does not have a right of subrogation against another person or insurer based on that person's alleged fault. The exception is when the person who caused or contributed to the collision was operating a vehicle for which financial responsibility under Transportation Code chapter 601 had not been established on the date of the loss (§1952.155(b)-(c)).

PIP Is Included Unless It Is Rejected in Writing

An insurer may not deliver or issue an auto liability policy in Texas unless it provides PIP coverage in the policy or supplemental to it (§1952.152(a)).

The coverage does not apply if an insured named in the policy rejects it in writing. After a named insured has rejected PIP, the insurer is not required to provide it in a renewal or reinstated policy from the same insurer or an affiliated insurer unless the named insured requests it in writing (§1952.152(b)).

Whether your policy includes PIP is shown on your declarations page.

How Much PIP a Policy Carries

The law does not require an insurer to provide more than $2,500 in PIP per person, for all benefits combined (§1952.153). That figure is the most the statute requires an insurer to provide. Section 1952.153 does not set it as a minimum, and a policy can carry a higher limit.

The benefits paid to any person may not exceed the maximum limits stated in the policy (§1952.156(c)). The limit on your own policy is shown on your declarations page.

Making a PIP Claim

The Insurance Code sets several rules for how PIP benefits are claimed and paid.

  • Timing of payment. The insurer pays benefits periodically as claims arise, but not later than the 30th day after it receives satisfactory proof of a claim (§1952.156(a)).
  • Proof of loss. The policy may set a period, of not less than six months after the accident, within which the original proof of loss must be presented to the insurer (§1952.156(b)(1)). Your policy states the period that applies to you.
  • Lost income. An insurer paying loss-of-income benefits may require reasonable medical proof of the injury that caused the loss of income (§1952.154).
  • Recurring injuries. If there is a lapse in the period of total disability or in medical treatment, and a person who received benefits later claims more benefits for an alleged recurrence of the injury, the policy may let the insurer require reasonable medical proof of the recurrence (§1952.156(b)(2)).
  • If benefits are not paid when due. The person entitled to the benefits may bring an action in contract to recover them. If the insurer is required to pay, the statute also provides for reasonable attorney's fees, a statutory penalty and interest (§1952.157).

When PIP Benefits Are Excluded

An insurer must exclude PIP benefits for an insured whose own conduct contributed to the injury, if that conduct involved intentionally causing injury to the insured, or occurred while committing a felony or while seeking to elude lawful apprehension or arrest by a law enforcement official (§1952.158).

PIP and a Claim Against the Vehicle You Were Riding In

If a guest or passenger makes a liability claim against the owner or operator of the vehicle they were riding in, or against that owner's or operator's liability insurer, the owner, operator or insurer is entitled to an offset against any award made to the guest or passenger. The offset equals the amounts the owner, operator or their auto insurer paid to that guest or passenger under PIP (§1952.159(a)).

What You Can Gather

While you think about your next steps, it can help to keep these in one place:

  • Your auto policy's declarations page, showing whether you have PIP and at what limit
  • Any written rejection of PIP you or another named insured signed
  • Medical bills and records from the accident
  • Records of missed work and pay, if you produce income
  • Letters or claim numbers from your insurer

About InjuryClaimGuide

InjuryClaimGuide is a legal advertising service. We are not a law firm and do not provide legal advice. We do not recommend or endorse any attorney, and we do not analyze the merits of any potential claim. Routing to participating firms is based on geography, practice area, language, and firm capacity.

Frequently Asked Questions

Does PIP pay if the crash was my fault?

Under Ins. Code §1952.155, PIP benefits are payable without regard to the fault or nonfault of the named insured or recipient in causing or contributing to the collision.

Is $2,500 the most PIP a policy can carry?

No. Ins. Code §1952.153 says the law does not require an insurer to provide more than $2,500 per person. That is the most the statute requires, not a minimum it sets, and a policy can carry a higher limit. Your declarations page shows your limit.

How do I know whether I rejected PIP?

PIP is part of a Texas auto policy unless an insured named in the policy rejects it in writing (Ins. Code §1952.152). Your declarations page and your insurer can tell you whether your policy includes it.

Can InjuryClaimGuide tell me what PIP will pay on my claim?

No. InjuryClaimGuide is a legal advertising service, and we do not evaluate any claim. Your insurer can explain your policy, and an attorney can advise you about your specific situation.

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