Texas House Bill HB2371

Texas 2019 - 86th Regular

Caption

Relating to an offset for amounts paid under an automobile insurance policy's personal injury protection coverage against a liability claim.

Impact

The enactment of HB 2371 is likely to significantly alter how PIP benefits interact with liability claims in Texas. By clarifying the conditions under which insurers can apply offsets, the bill aims to ensure that vehicle owners and their insurers are not unfairly penalized in liability claims when they have already compensated injured parties through PIP. This adjustment could streamline claim processes and mitigate legal disputes over damage awards, potentially reducing administrative costs for insurance providers.

Summary

House Bill 2371 addresses the treatment of personal injury protection (PIP) benefits in the context of liability claims within automobile insurance policies. Specifically, it amends Section 1952.159 of the Texas Insurance Code. The bill allows the owner or operator of a vehicle, or their insurer, to take an offset against any liability judgments awarded to a passenger or guest in an accident if they have made PIP payments. However, this offset is not permitted if the insurer has not paid the full extent of the applicable liability policy limits related to the accident.

Contention

While the bill aims for clarity and efficiency, there are potential concerns raised by consumer advocacy groups and health care advocates. These stakeholders may argue that restricting offsets could put additional financial burdens on injured parties who rely on PIP benefits, particularly in the event that liability insurance limits are not fully paid. The debate highlights a key tension between protecting insurer profitability versus ensuring adequate financial protections for accident victims. Thus, the bill's passage might spark further discussions and scrutiny regarding insurance regulations in Texas.