Is loss wages under pip mandatory carry in the state of texa

by chance1649 » Thu Aug 12, 2010 07:31 pm

I am a medical recovery supervisor for the government in the state of texas where PIP is required. I filed to recover lost wages for a soldier who was hurt in an auto accident. SAFECO denied claim because policy holder elected medical payments coverage and the ploicy does not provide coverage for loss wages

Total Comments: 4

Posted: Thu Aug 12, 2010 07:36 pm Post Subject:

I'm not a TX adjuster but as far as I can see, people can opt out of having PIP on a policy. That is, it's not required if you opt not to have it.

It appears that a person can also obtain optional Medical Payment coverage for themselves but this only covers medical and dental treatment:

"Medical Payments
Medical payments is an optional coverage in Texas that pays for medical and dental treatment, hospitalization, professional nursing services, prostheses, and funeral expenses if a covered driver and/or accompanying passengers are injured while in an insured vehicle, regardless of who is at fault in the accident."

Posted: Thu Aug 12, 2010 07:42 pm Post Subject:

Lost wages is covered under a Texas PIP coverage part. But as tcope has stated, although it is "mandatory", an insured may OPT OUT of being covered. If the soldier in this case opted out of PIP, whether he has med pay or not, will not be covered for lost wages by his auto policy.

The minimum basic PIP benefit in Texas is a paltry $2500.

Posted: Thu Aug 12, 2010 07:46 pm Post Subject:

I thought that wording was odd (it's what I found on the web)... it's "mandatory"... but you are not required to have it. :roll:

The minimum basic PIP benefit in Texas is a paltry $2500

As PIP should be.... a low amount. Any more and it turns into health insurance and is abused... at the expense of all other insured's.

Posted: Fri Aug 13, 2010 12:18 am Post Subject:

I don't have the TX insurance code in front of me, but I would be willing to bet it says something like, "It is mandatory that insurers offer PIP to all policyholders. A policyholder may voluntarily decline such coverage."

I'll try and look it up when I have some time.

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