By Pacheco Couceiro
After a crash on Expressway 77, Boca Chica Boulevard, or another road in the Rio Grande Valley, many people learn for the first time what is printed on their own auto policy. Two coverages often come up early: personal injury protection (PIP) and uninsured/underinsured motorist coverage (UM/UIM). The Texas Department of Insurance (TDI) explains both in its auto insurance guide, and Chapter 1952 of the Texas Insurance Code sets the statutory rules. This article summarizes what those sources say. Sources were checked on October 20, 2026. It is process information, not a prediction about any claim, and it does not interpret any particular policy.
Liability coverage comes first
TDI explains that Texas law requires drivers to show they can pay for accidents they cause, and most do so with liability insurance. TDI states the minimum as $30,000 for injuries per person, up to $60,000 per accident, and $25,000 for property damage, called 30/60/25 coverage (TDI auto insurance guide). Liability coverage pays others when the insured driver is at fault. PIP and UM/UIM instead pay you and others covered under your own policy.
What PIP is
Under Section 1952.151, personal injury protection provides payment to 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, of reasonable expenses that arise from an accident and are incurred not later than the third anniversary of the accident. Covered categories include:
- Necessary medical, surgical, x-ray, dental, ambulance, hospital, nursing, and funeral services.
- For an income producer, replacement of income lost as a result of the accident.
- For an injured person who was not earning income, necessary and reasonable expenses for essential services they ordinarily performed for the household.
TDI describes PIP in plain terms: it pays your and your passengers' medical bills, and also things like lost wages and other nonmedical costs (TDI auto insurance guide).
PIP is included unless rejected in writing
Section 1952.152 says an insurer may not issue an auto liability policy in Texas unless it provides PIP coverage, and that the coverage does not apply if any named insured rejects it in writing. TDI puts it this way: all auto policies in Texas include PIP, and if you don't want it you must tell the company in writing (TDI auto insurance guide). After a written rejection, the statute says the insurer generally need not add PIP back on a renewal unless the named insured asks in writing.
PIP limits and how benefits are paid
Section 1952.153 states that the subchapter does not require an insurer to provide PIP coverage exceeding $2,500 for all benefits, in the aggregate, for each person. Policies may be written with higher limits, so the amount on any given policy has to be read from the declarations page.
Other PIP rules in Chapter 1952 include:
- Without regard to fault. Section 1952.155 says PIP benefits are payable without regard to the fault or nonfault of the named insured or recipient, and without regard to collateral sources such as health or wage-continuation benefits.
- Timing of payment. Section 1952.156 says benefits are paid periodically as claims arise, but not later than the 30th day after the insurer receives satisfactory proof of a claim. The policy may set a period, not less than six months after the accident, for presenting the original proof of loss.
- Proof of lost income. Section 1952.154 allows the insurer to require reasonable medical proof of the injury causing lost income.
- Exclusions. Section 1952.158 requires exclusion when the insured's conduct contributed to the injury and involved intentionally causing injury to the insured, or occurred while committing a felony or eluding arrest.
- Offset. Under Section 1952.159, if a passenger who received PIP later makes a liability claim against the owner or driver of the same vehicle, the owner or driver, or their insurer, may be entitled to an offset for PIP amounts paid.
Because PIP is paid without regard to fault, it works differently from a liability claim, where fault percentages matter. Our earlier article on Texas modified comparative fault and the 51% bar explains how fault is allocated in injury lawsuits.
What UM/UIM coverage is
Section 1952.101 defines uninsured or underinsured motorist coverage as policy provisions that protect insureds who are legally entitled to recover from owners or operators of uninsured or underinsured motor vehicles for bodily injury, sickness, disease, death, or property damage. Insurers must provide it unless any named insured rejects it in writing. TDI adds that UM/UIM pays if you're hit by someone who didn't have insurance or didn't have enough, and that it also pays in a hit-and-run (TDI auto insurance guide).
Key definitions and rules in Chapter 1952:
- Underinsured vehicle. Section 1952.103 describes a vehicle with collectible liability coverage whose limits are lower than, or were reduced below, the underinsured limit on the insured's own policy.
- Insolvent insurer. Section 1952.102 says an insured vehicle whose liability insurer cannot pay because of insolvency is considered uninsured, subject to the terms of the coverage.
- How UIM pays. Section 1952.106 says UIM pays amounts the insured is legally entitled to recover, up to the policy limit, reduced by the amount recovered or recoverable from the underinsured vehicle's insurer.
- Unknown drivers. Section 1952.104 requires actual physical contact between the unknown person's vehicle and the insured or the insured's property for UM recovery when the owner or operator is unknown.
- Burden of proof. Section 1952.109 places on the insurer the burden of proof in a dispute over whether a vehicle is uninsured.
- Property damage deductible. Section 1952.105 says UM/UIM property damage coverage is subject to a $250 deductible. TDI notes that UM/UIM claims carry a deductible (TDI auto insurance guide).
Hit-and-run crashes and police reports
TDI states that your uninsured motorist coverage won't pay for a hit-and-run accident if you didn't report it to police, and it advises calling the police if anyone was injured (TDI auto insurance guide). Our earlier article explains how to get a Texas crash report (CR-3).
A border-region note: driving into Mexico
TDI states that Mexico doesn't recognize American auto policies and that drivers going into Mexico should buy a Mexican liability insurance policy. TDI's coverage table also lists accidents while driving in Mexico among things most policies don't cover (TDI auto insurance guide).
Step by step after a crash
Step 1: Get safe and report
TDI advises calling the police if anyone is injured, and reporting any hit-and-run to police.
Step 2: Exchange and record information
TDI recommends getting the other driver's name, contact information, plate number, insurer, and policy number, plus witness names and photos of the scene.
Step 3: Notify your own insurer promptly
TDI notes that most companies have deadlines for filing claims. Ask whether PIP and UM/UIM are on your policy and request a copy of the declarations page.
Step 4: Keep medical and income records
Save medical bills, reports, and proof of lost income. PIP claims may require proof of loss, and the insurer may request medical proof of lost income.
Step 5: Read before you sign
TDI advises talking to your doctor about future treatment before signing a release in a settlement with the other driver's insurer. Ask a lawyer about your rights before signing.
Frequently asked questions
Do I need to prove the other driver was at fault to use PIP?
No. Section 1952.155 says PIP benefits are payable without regard to fault.
Is PIP the same as medical payments coverage?
TDI says PIP is similar to medical payments coverage, but PIP also pays for things like lost wages and other nonmedical costs.
What if the at-fault driver's limits are too low?
TDI says that if the other driver's limits are not enough for your medical bills, your insurer may use PIP, medical payments, or UM/UIM coverage to pay the difference. Section 1952.106 explains how UIM is reduced by amounts recoverable from the other insurer.
Where can I complain about an insurer?
TDI accepts written complaints and lists its help line, 800-252-3439, in its auto insurance guide. TDI notes it cannot decide who was at fault.
Questions in the Rio Grande Valley
Pacheco Couceiro works with people in Brownsville and across South Texas on personal injury matters. If you have questions about how PIP or uninsured/underinsured motorist coverage may relate to an injury after a crash, you can contact our office to talk about your situation.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship.