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Car Insurance Question  I was a passenger on public transportation (bus) that a SUV rear-ended. The bus driver says "it's not my fault" and I was escorted to the nearest ER for treatment along with other passengers. The ER revealed that I had a sprained knee. Is the Bus company liable for the injury? They say TX is no fault.

In a complex case like this we recommend you contact the Texas Department of Insurance to find out who would be held responsible for the medical bills from your injuries that you sustained when the SUV hit the bus. It might be that the bus company's insurance will cover injuries, but since the bus driver does not appear to be at fault it might instead be the SUV that caused the accident.

Up until March 31, 2008 Texas law required minimum auto insurance coverage of $20,000 per injured person, up to a total of $40,000 for everyone hurt in an accident for bodily injury liability, and $15,000 for property damage liability insurance. This basic coverage was called 20/40/15 coverage.

Effective April 1, 2008, the minimum coverage amount required by the state's financial responsibility law increased to $25,000 for each injured person, up to a total of $50,000 per accident, and $25,000 for property damage. This new basic coverage is referred to as 25/50/25.

States that are considered "no fault" normally requires personal injury protection (PIP) of motorist and a driver needs to use this coverage for bodily injuries incurred in an accident usually. Texas does not require PIP as a part of the mandated minimum car insurance but it is an optional coverage. 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. If you have PIP it would be primary in this accident regardless of fault (no-fault).

If for some reason neither the bus company nor the SUV driver's BI liability insurance will pay for your injuries and you have PIP, you should be able to make a claim through this coverage of yours for your medical expenses for the sprained knee and other ER charges. Check with your insurance agent for more information on this type of claim if you think you will need to proceed with it.

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This car insurance question was asked on 11/2/2006
This auto insurance answer was last updated on 4/1/2008
Helen requested this car insurance solution.
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