Texas Auto Coverage Explainer
After a car accident in Texas, more than one insurance policy might apply. Answer the questions to see which kinds of policies might apply and what Texas law says about each. Choose "Not sure" if you do not know.
This is general information about Texas law, not legal advice, and it does not evaluate your situation.
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Policies that might apply
Based on your answers, these kinds of insurance might apply. This list does not tell you whether a policy applies to your accident or what it includes. The insurer can tell you what a policy includes, and a licensed Texas attorney can tell you how the law applies to your situation.
The other driver's liability insurance
Texas requires a driver to establish financial responsibility for a vehicle, usually through a motor vehicle liability insurance policy (Transp. Code §601.051). The minimum amounts of motor vehicle liability insurance coverage are $30,000 for bodily injury to or death of one person in one collision, $60,000 for bodily injury to or death of two or more persons in one collision, and $25,000 for damage to or destruction of property of others in one collision (Transp. Code §601.072). These are legal minimums. They are not a limit on what a policy can carry, and they are not an amount anyone can expect from a claim. A driver may carry higher limits, and some drivers carry no insurance at all.
Personal injury protection (PIP)
PIP is a part of an auto policy that, under Texas law, provides for payment of certain reasonable expenses that arise from an accident and are incurred within three years of it: necessary medical and funeral services, lost income for a person who was earning income, and, for a person who was not, necessary household services the injured person usually performed (Ins. Code §1952.151). It can apply to the named insured, members of the insured's household, and authorized drivers or passengers of the named insured's vehicle (§1952.151). Texas law requires an insurer to include PIP in an auto liability insurance policy unless an insured named in the policy rejected it in writing (§1952.152). The law does not require an insurer to provide more than $2,500 in total PIP benefits per person (§1952.153); a policy can carry a higher limit. PIP benefits are payable whether or not the named insured or the person receiving them caused or contributed to the collision (§1952.155).
Uninsured/underinsured motorist (UM/UIM) coverage
UM/UIM is a part of an auto policy that protects insureds who are legally entitled to recover damages from the owner or driver of an uninsured or underinsured motor vehicle, for bodily injury, sickness, disease, death, or property damage (Ins. Code §1952.101(a)). Texas law requires an insurer to include it in an auto liability insurance policy (§1952.101(b)), but that requirement does not apply if any insured named in the policy rejected the coverage in writing (§1952.101(c)). Underinsured motorist coverage provides for payment of the amounts the insured is legally entitled to recover as damages from the underinsured driver, up to the limit in the policy and reduced by the amount recovered or recoverable from that driver's insurer (§1952.106).
Employer policies
If you were working at the time of the accident, for example driving for your job or in a vehicle your employer provided, an insurance policy held by your employer might apply. Which policies an employer has, and what they include, depends on the employer and the policy terms. Your employer can tell you which policies it has.
Commercial vehicle policies
If a commercial vehicle was involved, such as a delivery truck, a company vehicle, or a tractor-trailer, the vehicle's owner or the business operating it might have a commercial auto policy that is separate from any personal policy. What it includes depends on its terms.
Rideshare company and driver policies
Texas Insurance Code chapter 1954 sets insurance requirements for transportation network company (rideshare) drivers. The requirements differ depending on whether the driver was logged on to the app and available for ride requests (§1954.052) or was on a prearranged ride (§1954.053). They can be met by the driver's policy, the rideshare company's policy, or both (§1954.051(d)). A driver's personal auto policy may exclude coverage while the driver is logged on or on a ride (§1954.151).
Questions to ask your insurer
These questions are the same whatever your answers above.
- Does my policy include personal injury protection (PIP)? If so, what is its limit?
- Did I, or anyone named on my policy, reject PIP in writing? If so, can I get a copy of the written rejection?
- Does my policy include uninsured/underinsured motorist (UM/UIM) coverage? If so, what are its limits?
- Did I, or anyone named on my policy, reject UM/UIM coverage in writing? If so, can I get a copy of the written rejection?
- If coverage was rejected on an earlier policy, does that rejection carry over to my renewal? (Ins. Code §§1952.101(c), 1952.152(b))
- How does my policy treat a collision with a driver who was not identified, or who had no insurance?
- Does anyone in my household have an auto policy that might apply?
- If a rideshare driver was involved, was the driver logged on to the app or on a ride at the time of the collision? (Ins. Code §1954.056(b))
- Can you send me a copy of my declarations page?
Sources
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