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Liability Coverage Basic liability coverage meets the state’s financial responsibility requirement.

Pays: Other people’s expenses for accidents caused by drivers covered by your policy, up to your policy’s dollar limits. These may include the other person’s

  • medical and funeral costs, lost wages, and compensation for pain and suffering
  • car repair or replacement costs
  • auto rental while the other driver’s car is being repaired
  • punitive damages awarded by a court.

Liability insurance also pays your attorney fees if someone sues you because of the accident and bail up to 250 if you are arrested.

Covers: You and your family members. Other people driving your car with your permission might be covered. You and your family members might be covered when driving someone else’s automobile – including a rental car – but not a car that you don’t own but have regular access to, such as a company car. Family members attending school away from home might be covered, as well as a spouse living elsewhere during a marital separation.

Note: Some policies won’t cover other people, including family members, unless they’re specifically named in the policy. Your policy’s declaration page should list the names of all of the people covered by the policy.

Who qualifies as a family member?

Generally, a "family member" is anyone living in your home related to you by blood, marriage, or adoption, including your spouse, children, in-laws, adopted children, wards, and foster children.

Medical Payments Coverage

Pays: Medical and funeral bills resulting from accidents, including those in which the other person is a pedestrian or bicyclist.

Covers: You, your family members, and passengers in your car, regardless of who caused the accident.

Personal Injury Protection (PIP) Coverage : An automobile insurance coverage. The insurers provide or offer to provide first party benefits for medical expenses, loss of income, funeral expenses and similar expenses without regard to fault .

Personal Injury Protection (PIP
): An automobile insurance coverage. The insurers provide or offer to provide first party benefits for medical expenses, loss of income, funeral expenses and similar expenses without regard to fault.
PIP is a coverage in which the auto insurance company pays, within the specified limits, the medical, hospital and funeral expenses of the insured person, people in the insured vehicle and pedestrians struck by the insured vehicle. PIP is the basic coverage implemented in no fault automobile insurance states.

Pays: Same as medical payments coverage, plus 80 percent of lost income and the cost of hiring a caregiver for an injured person.

Covers: You, your family members, and passengers in your car, regardless of who caused the accident.

An insurance company must offer you 2,500 in PIP, but you can buy more. If you don’t want PIP, you must reject it in writing.

Uninsured/Underinsured Motorist (UM/UIM) Coverage

Pays: Your expenses from an accident caused by an uninsured motorist or a motorist who did not have enough insurance to cover your bills, up to your policy’s dollar limits. Also pays for accidents caused by a hit-and-run driver if you reported the accident promptly to police.

  • Bodily injury UM/UIM pays without deductibles for medical bills, lost wages, pain and suffering, disfigurement, and permanent or partial disability.
  • Property damage UM/UIM pays for auto repairs, a rental car, and damage to items in your car. There is an automatic 250 deductible. This means you must pay the first 250 of the repairs yourself.

Covers: You, your family members, passengers in your car, and others driving your car with your permission.

Insurers must offer UM/UIM coverage. If you don’t want it, you must reject it in writing.
 

Collision (Damage to Your Car) Coverage

Pays: The cost of repairing or replacing your car after an accident. Payment is limited to your car’s actual cash value, minus your deductible. Actual cash value is the market value of a car like yours without damages.

Comprehensive (Physical Damage Other than Collision) Coverage

Pays: The cost of replacing or repairing your car if it is stolen or damaged by fire, vandalism, hail, or a cause other than collision. Comprehensive coverage also pays for a rental car or other temporary transportation if your car is stolen. Your policy won’t pay for an auto theft unless you report it to police. Payment is limited to your car’s actual cash value, minus your deductible.

If you still owe money on your car, your lender will require you to have collision and comprehensive coverage.

Towing and Labor Coverage

Pays: Towing charges when your car can’t be driven. Also pays labor charges, such as changing a tire, at the location where your car became immobile.

Rental Reimbursement Coverage

Pays: A set daily amount for a rental car if your car is stolen or is being repaired because of damage covered by your policy.

Texas takes a reasonable, modern approach to regulation. A customer service survey conducted in 2004 by the University of North Texas found that insurers gave Texas favorable marks in creating a regulatory environment that makes the insurance industry want to do business in the state, regulating the industry fairly and effectively, and supporting an efficient industry. The survey also showed that insurer perceptions of the Texas regulatory environment have improved during the last decade. Regulators and the industry alike believe that the Texas insurance market is strong and getting stronger thanks to recent insurance legislation, especially in the following areas:

Texas law requires people who drive in Texas to be able to pay for the automobile accidents they cause. Most drivers do this by buying automobile liability insurance. Liability insurance pays to repair or replace the other driver’s car and pays other people’s medical expenses. It does not pay to repair or replace your car or for your injuries. You must have at least the minimum amount of liability coverage required by the state’s financial responsibility law.

The current minimum liability limits increased on April 1, 2008, to 25,000 for each injured person, up to a total of 50,000 per accident, and 25,000 for property damage per accident. This basic coverage is called “25/50/25” coverage. (The limits prior to April 1 were 20,000 for each injured person, up to a total of 40,000 per accident, and 15,000 for property damage per accident.)

Because of car prices and the high cost of medical care, the minimum amounts might not be enough if you cause an accident. If your liability limits are too low to pay for all of the other driver’s costs, the driver may sue you to collect the difference. To protect yourself financially, consider buying more than the basic limits.

When you buy an auto policy, your insurance company will send you a proof-of-insurance card. You will need to show proof of insurance when you

  • are asked for it by a law enforcement officer
  • have an accident
  • register your car or renew its registration
  • obtain or renew your driver’s license
  • get your car inspected.

There are severe penalties for violating the state’s financial responsibility laws. A first conviction will result in a fine between 175 and 350. Subsequent convictions could result in fines of 350 to 1,000, suspension of your driver’s license, and impoundment of your automobile.

A Texas automobile insurance policy usually meets the financial responsibility requirements of other U.S. states and Canada. Mexico, however, does not recognize U.S. auto liability policies.

Mexican authorities can hold drivers criminally and financially responsible for any auto accidents they cause. If you’re in an accident that results in an injury, police may detain you until they determine who is at fault. You will have to show that you either have insurance recognized by the Mexican government or the financial ability to pay any judgment against you.

Some U.S. companies provide a free endorsement extending your policy’s coverage to infrequent trips of up to 10 days and as far as 25 miles into Mexico. You can buy coverage for longer stays, but it is usually valid only within 25 miles of the border. In addition, these endorsements might not meet Mexican legal requirements. You can buy Mexican liability insurance from Texas agents who specialize in it.

You may be able to buy a Mexico "tourist" endorsement for your U.S. policy. This endorsement extends your liability coverage to pay costs exceeding a Mexican liability policy’s limits. It covers trips of any distance and any length of time.

In an Accident ...
  • Move your car, if possible, to avoid blocking traffic and to protect it from further damage.
  • Call the police if somebody is injured or killed, if you can’t move your car, or if the accident involved a hit-and-run driver. Your uninsured motorist coverage pays for a hit-and-run accident only if you report it to police.
  • Get the other driver’s name, address, telephone number, license plate number, driver’s license number, and insurance information. Give the other driver the same information about you.
  • Write down the insurance company name and the policy number exactly as shown on the other driver’s proof-of-insurance card. Insurance companies often have similar names, so make sure you get the correct company name.
  • Get the names, addresses, and telephone numbers of any witnesses to the accident.
  • Notify your insurance company as soon as possible. Your company probably has a 1-800 number to report claims. If not, call your agent. The agent or company will advise you about seeing an adjuster and getting repair estimates. Also, give your agent or company the names and addresses of any witnesses and anyone injured.
  • If you reported your claim by phone, follow up in writing as soon as possible to protect your rights under Texas’ prompt payment of claims laws.
  • Send the company copies of the accident report and any legal papers you receive about the accident.
  • Cooperate with the company’s investigation. You might have to submit a proof-of-loss form or have a medical examination.

If the other driver refuses to tell you the name of his or her insurance company, get a copy of the police accident report. The accident report should list the other driver’s name and insurance company. If the police did not investigate the accident, you can report the driver’s refusal to police. This could result in a report identifying the driver’s insurance company. In addition, the Texas Department of Public Safety keeps files of forms – called SR-22s – that show the insurance companies of people convicted of DWI or driving without insurance.
 

Accidents Caused by Other Drivers
If you were in an accident caused by another driver, the other driver’s insurance company should pay the following costs, up to the policy’s limits:
  • repair or replacement of your car
  • car rental while your automobile is being repaired
  • your medical and hospital bills
  • wages lost because of an injury
  • compensation for pain and suffering if anyone is hurt.

If the other driver’s insurance won’t cover all your medical bills, file a claim for the difference against your Personal Injury Protection (PIP) coverage, if you have it. For amounts over that, you can claim against your uninsured/underinsured motorists (UM/UIM) coverage or your health insurance policy.

If the other driver’s policy won’t cover all of your auto repairs, file a claim against your collision or UM/UIM coverage for the difference (minus your deductible) between the damage to your car and what the other driver’s policy will pay.

The other driver’s insurance company may ask you to sign a release to settle your claim and forgo future claims related to the accident. Don’t sign a release until you are satisfied with the total settlement. Get a letter from your doctor estimating the cost and length of your future medical treatment. You might want to consult an attorney before accepting a settlement. Under Texas law, you have two years after an accident to either settle your claim or file a lawsuit.

Texas law prohibits insurance companies from delaying payment of a claim in order to pressure you to sign a release. If you believe an insurance company is delaying payment to pressure you, file a complaint with TDI.

If the other driver denies fault, his or her insurance company may refuse to pay the claim. Independent witnesses could make a difference in getting the company to pay. It’s important to get names, addresses, and telephone numbers of any witnesses to the accident. Make sure the insurance company knows about the witnesses. If the company continues to refuse to pay the claim, you can file a claim against your own insurance or you may have to go to court to resolve the issue.

Before filing a claim with your company, ask your agent or your company’s underwriting department how a claim might affect your rates on renewal. A company cannot refuse to renew your policy solely because you had one accident in a 12-month period that was not your fault.   However, if the accident affected your DPS driving record, your company may consider it in determining your rates, whether you made a claim on the accident or not.
 

Discounts can help you save money on your premium. Discounts vary by company. Following is a list of some of the discounts commonly available in Texas:
  • defensive driving and driver education courses for young drivers
  • students with good grades
  • parent or family whose young driver is away at school without a car
  • airbags and automatic seatbelts
  • automatic daytime running lights
  • antilock brakes
  • two or more cars on a policy
  • driver age and annual mileage driven
  • policy renewal with good claims and driving records.

If you have a poor driving record, you can expect to pay more for your insurance. Companies may add surcharges to your premium – some as high as 60 percent – for the following:

  • accidents the more accidents, the higher the surcharge
  • moving violations speeding, etc.
  • involuntary manslaughter
  • driving under the influence
  • criminally negligent driving
  • driving without a license or with a suspended license

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