Passenger Options When Injuries Exceed the Policy Limits

Attorney Answer

You are not limited to the at-fault driver's liability policy. When injuries run past one policy's limit, the places to look next are the coverage on the car you were riding in, coverage in your own household, and anyone besides the driver who shares responsibility for the crash.

First, be sure what the $100,000 actually is. The same number can appear on a policy as liability coverage, as uninsured and underinsured motorist coverage, or as a per-crash figure shared by everyone hurt in the same wreck. Ask for the declarations page rather than relying on what anyone says the policy has.

Texas minimum liability limits are $30,000 for one injured person, $60,000 for all injuries in one crash, and $25,000 for property damage (Tex. Transp. Code § 601.072(a-1)). Those are floors, and a serious injury passes them quickly. When the at-fault driver's limit is not enough, underinsured motorist coverage is the usual next layer. A Texas insurer may not issue an auto policy without providing uninsured or underinsured motorist coverage, and that coverage applies unless a named insured rejected it in writing (Tex. Ins. Code § 1952.101(b), (c)). That is worth checking on the policy covering the car you were in and on any auto policy in your own household, since passengers and resident relatives are frequently covered persons — the policy language decides it.

Personal injury protection is the fastest money. It must be provided in a Texas auto policy unless rejected in writing (Tex. Ins. Code § 1952.152), and § 1952.155(a) makes those benefits payable without regard to the fault or nonfault of the insured and without regard to other sources of payment. The insurer generally has no right of subrogation for what it pays (§ 1952.155(b)), with a narrow exception for recovery against a driver who was not in compliance with the financial responsibility chapter (§ 1952.155(c)).

Finally, more than one party may be responsible. If two people share fault, each liable defendant owes only its own percentage of the damages (Tex. Civ. Prac. & Rem. Code § 33.013(a)) unless one is found more than 50 percent responsible, in which case that defendant is jointly and severally liable (§ 33.013(b)). The trier of fact assigns those percentages (§ 33.003). As a passenger you would ordinarily carry none of them.

What you can do

1. Ask for the declarations page of the policy on the car you were in, and of every auto policy in your household. Ask each insurer in writing to confirm the limits and whether uninsured and underinsured motorist coverage and personal injury protection are on the policy.

2. Open the personal injury protection claim now, before the medical bills go to collections.

3. Notify the at-fault driver's insurer in writing that you are making an injury claim, and ask it to confirm the liability limits in writing.

4. Keep every bill, record and out-of-pocket receipt, and a record of missed work.

5. Do not sign a release of the at-fault policy before a lawyer confirms it will not end an underinsured motorist claim. Settling the liability claim without the right consent can forfeit the larger claim.

6. Ask a lawyer whether anyone besides the driver may be responsible — a vehicle owner, an employer, or another driver who contributed.

Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. Tex. Civ. Prac. & Rem. Code § 16.003(a) gives two years from the day the cause of action accrues for a personal injury suit, and an underinsured motorist claim has its own contractual requirements on top of that. Where your deadline falls depends on your facts, so have a Texas attorney review them.