Will Filing a PIP or Uninsured Motorist (UM/UIM) Claim Raise Your Car Insurance Rates in Texas? (Ins. Code § 551.107)
Direct Answer Under Texas Law
Under Texas Insurance Code § 551.107 and Texas Department of Insurance (TDI) regulations, an auto insurer MAY NOT cancel, refuse to renew, or assess a premium surcharge based on a single not-at-fault accident or a Personal Injury Protection (PIP) / Uninsured Motorist (UM/UIM) claim where you were not at fault for the collision.
Critical Texas Procedural Trap to Watch Out For
Injured Texans are often talked out of filing a $2,500 or $5,000 no-fault PIP claim on their own policy by friends (or even an unhelpful claims rep) who warn 'your rates will go up.' You have already paid the PIP premium on every bill for years—leaving $2,500 to $10,000 of tax-free, no-subrogation PIP money uncollected after a not-at-fault crash is throwing away your own benefits!
Recommended Action Plan for Texas Claimants
Always file your Texas PIP and UM/UIM claims when another driver is at fault, and report any improper not-at-fault surcharge to the Texas Department of Insurance Consumer Protection Division.
Detailed Texas Statutory & Case Law Breakdown
Under Tex. Ins. Code §§ 551.107, 1953.051; 28 Tex. Admin. Code § 5.401 and controlling Texas appellate precedent in Texas Department of Insurance (TDI) Not-At-Fault Rating Rules, Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Tex. Ins. Code §§ 551.107, 1953.051; 28 Tex. Admin. Code § 5.401 and how Texas courts apply Texas Department of Insurance (TDI) Not-At-Fault Rating Rules in your county's appellate district.
- Beware of the Texas Procedural Trap: Injured Texans are often talked out of filing a $2,500 or $5,000 no-fault PIP claim on their own policy by friends (or even an unhelpful claims rep) who warn 'your rates will go up.' You have already paid the PIP premium on every bill for years—leaving $2,500 to $10,000 of tax-free, no-subrogation PIP money uncollected after a not-at-fault crash is throwing away your own benefits!
- Execute the Texas Action Plan: Always file your Texas PIP and UM/UIM claims when another driver is at fault, and report any improper not-at-fault surcharge to the Texas Department of Insurance Consumer Protection Division.
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
Will Filing a PIP or Uninsured Motorist (UM/UIM) Claim Raise Your Car Insurance Rates in Texas? (Ins. Code § 551.107)
Under Texas Insurance Code § 551.107 and Texas Department of Insurance (TDI) regulations, an auto insurer MAY NOT cancel, refuse to renew, or assess a premium surcharge based on a single not-at-fault accident or a Personal Injury Protection (PIP) / Uninsured Motorist (UM/UIM) claim where you were not at fault for the collision. Key Texas Trap to Avoid: Injured Texans are often talked out of filing a $2,500 or $5,000 no-fault PIP claim on their own policy by friends (or even an unhelpful claims rep) who warn 'your rates will go up.' You have already paid the PIP premium on every bill for years—leaving $2,500 to $10,000 of tax-free, no-subrogation PIP money uncollected after a not-at-fault crash is throwing away your own benefits!
What Texas statute and Supreme Court / appellate precedent control does using pip or um/uim raise texas rates??
This question is governed in Texas by Tex. Ins. Code §§ 551.107, 1953.051; 28 Tex. Admin. Code § 5.401 and the legal standards articulated in Texas Department of Insurance (TDI) Not-At-Fault Rating Rules. Recommended step: Always file your Texas PIP and UM/UIM claims when another driver is at fault, and report any improper not-at-fault surcharge to the Texas Department of Insurance Consumer Protection Division.
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