Sec. 1952.159. OFFSET AGAINST LIABILITY CLAIM. (a) If a liability claim is made by a guest or passenger described by Section 1952.151 against the owner or operator of the motor vehicle in which the guest or passenger was riding or against the owner's or operator's liability insurer, the owner or operator of the motor vehicle or the owner's or operator's liability insurer is entitled to an offset, credit, or deduction against any award made to the guest or passenger in an amount equal to the amounts paid by the owner, the operator, or the owner's or operator's automobile liability insurer to the guest or passenger under personal injury protection.
(b) This subchapter does not authorize a direct action against a liability insurer if that right does not presently exist at law.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Structure Texas Statutes
Title 10 - Property and Casualty Insurance
Subtitle C - Automobile Insurance
Chapter 1952 - Policy Provisions and Forms for Automobile Insurance
Subchapter D. Personal Injury Protection Coverage
Section 1952.151. Personal Injury Protection
Section 1952.152. Personal Injury Protection Coverage Required
Section 1952.153. Maximum Required Amount of Personal Injury Protection
Section 1952.154. Loss of Income Benefits
Section 1952.156. Payment of Benefits
Section 1952.157. Action for Failure to Pay Benefits
Section 1952.158. Exclusion of Benefits
Section 1952.159. Offset Against Liability Claim
Section 1952.160. Inapplicability to Accident or Health Insurance