Texas Insurance Code Chapter 1952: Uninsured/Underinsured Motorist (UM/UIM) & Personal Injury Protection (PIP)
Summary of the Texas Rule (Tex. Ins. Code §§ 1952.101–1952.161)
Mandates that every Texas automobile liability policy include UM/UIM and no-fault PIP coverages unless rejected in writing by the named insured, and prohibits subrogation or hospital liens on PIP.
Statutory Text Summary & Legal Mechanics
Sections 1952.101–1952.110 govern UM/UIM coverage, requiring actual physical contact with an unknown hit-and-run vehicle (§ 1952.104(3)) and deducting tortfeasor liability credits from actual damages rather than policy limits (§ 1952.106). Sections 1952.151–1952.161 govern PIP coverage (minimum $2,500 per person), mandating payment within 30 days of proof of loss (§ 1952.157) for medical bills and 80% of lost income (or household replacement services for non-wage earners) incurred within 3 years of the crash, with no subrogation offset (§ 1952.155).
Practical Impact on Texas Personal Injury Claims & Jury Trials
Following Allstate Insurance Co. v. Irwin, 627 S.W.3d 263 (Tex. 2021), Texas UIM claimants file suit directly against their UIM insurer under the Uniform Declaratory Judgments Act (CPRC Ch. 37) to establish the underinsured driver's fault and total tort damages, unlocking discretionary recovery of attorney's fees under § 37.009.
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