HomeLaws by stateNo-fault states
No-fault states
9 states use no-fault car insurance: Florida, Hawaii, Kansas, Massachusetts, Michigan, Minnesota, New York, North Dakota and Utah. Kentucky, New Jersey and Pennsylvania let drivers choose no-fault or traditional coverage. The other 38 jurisdictions are at-fault: the driver who caused the crash pays, through their liability insurance.
Each state quoted from its insurance statute, checked October 2, 2026
No-fault and choice states
| State | System | PIP minimum | When you can sue the other driver |
|---|---|---|---|
| Florida | no-fault | $10,000 (medical and disability), plus $5,000 death benefit | You can sue the at-fault driver for pain and suffering only if the injury is a significant and permanent loss of an important bodily function, a permanent injury (other than scarring or disfigurement), significant and permanent scarring or disfigurement, or death. |
| Hawaii | no-fault | $10,000 | You can sue the at-fault driver for pain and suffering only if you died, suffered a significant permanent loss of use of a part or function of the body, suffered permanent and serious disfigurement, or your PIP-eligible medical and related expenses equal or exceed $5,000. |
| Kansas | no-fault | $4,500 in medical benefits (plus other PIP benefits at statutory limits) | You can sue for pain and suffering and other non-economic losses only if your medical treatment has a reasonable value of $2,000 or more, or the injury involves permanent disfigurement, a fracture to a weight-bearing bone, a compound, comminuted, displaced or compressed fracture, loss of a body member, permanent injury, permanent loss of a bodily function, or death. |
| Massachusetts | no-fault | $8,000 | You can sue the at-fault driver for pain and suffering only if reasonable medical expenses exceed $2,000, or the injury causes death, loss of a body member, permanent and serious disfigurement, loss of sight or hearing (as described in ch. 152, s. 36), or a fracture. |
| Michigan | no-fault | Choice of PIP medical coverage levels for policies issued or renewed after July 1, 2020: unlimited, $500,000, $250,000, or $50,000 (Medicaid enrollees only); other options and exceptions (MCL 500.3107d, 3109a) were not read | You can sue the at-fault driver for pain and suffering (noneconomic loss) only if you died, suffered a serious impairment of body function, or suffered permanent serious disfigurement. |
| Minnesota | no-fault | $40,000 total ($20,000 medical expense and $20,000 for income loss, replacement services and funeral expense) | You can recover damages for pain and suffering (noneconomic detriment) only if reasonable medical expenses (excluding diagnostic x-rays and rehabilitation) exceed $4,000, or the injury causes permanent disfigurement, permanent injury, death, or disability for 60 days or more. |
| New York | no-fault | $50,000 | You can sue the other driver for pain and suffering (non-economic loss) only if you have a 'serious injury': death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; or significant limitation of use of a body function or system. Your own no-fault (PIP) benefits pay basic economic loss up to $50,000 per person regardless of fault. |
| North Dakota | no-fault | $30,000 | You can sue the at-fault driver for pain and suffering (noneconomic loss) only if you have a 'serious injury': death, dismemberment, serious and permanent disfigurement or disability beyond 60 days, or medical expenses over $2,500. |
| Utah | no-fault | $3,000 | You cannot sue for general (pain and suffering) damages after an auto accident unless you have: death; dismemberment; permanent disability or permanent impairment based on objective findings; permanent disfigurement; a bone fracture; or medical expenses over $3,000. This limit does not apply to an uninsured motorist claim. |
| Kentucky | choice | $10,000 basic reparation benefits (PIP) per person | If you accept the no-fault limits (the default), you can sue for pain and suffering only if medical expenses exceed $1,000 or the injury involves permanent disfigurement, a fracture to a bone, a compound, comminuted, displaced or compressed fracture, loss of a body member, permanent injury, permanent loss of bodily function, or death. You may reject the limits in writing and keep full tort rights. |
| New Jersey | choice | $15,000 | Under the 'limitation on lawsuit' option you can sue for pain and suffering only if the injury results in death, dismemberment, significant disfigurement or scarring, displaced fractures, loss of a fetus, or a permanent injury; under the 'no limitation on lawsuit' option you can sue for any injury. Which option applies depends on the tort option elected on the policy covering you. |
| Pennsylvania | choice | $5,000 | Under the 'limited tort' option, you can recover medical and other out-of-pocket expenses but not pain and suffering unless you have a 'serious injury' (death, serious impairment of body function, or permanent serious disfigurement), or an exception applies (for example, the at-fault driver was convicted of or accepted ARD for DUI, was driving a vehicle registered in another state, or intended to injure). Under the 'full tort' option you keep the right to sue for pain and suffering. |
At-fault states
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Idaho, Illinois, Indiana, Iowa, Louisiana, Maine, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
Questions
Which states are no-fault?
Florida, Hawaii, Kansas, Massachusetts, Michigan, Minnesota, New York, North Dakota and Utah. Kentucky, New Jersey and Pennsylvania let drivers choose.
What does no-fault mean after a car accident?
Your own personal injury protection (PIP) coverage pays your medical bills and lost wages first, whoever caused the crash. You can step outside no-fault and sue the other driver only if your injury passes the state's threshold, such as a serious or permanent injury or medical bills over a set amount.
Can you sue in a no-fault state?
Yes, for property damage always, and for injuries once the state's threshold is met. The threshold for each no-fault state is in the table.