Short answer: According to the Insurance Information Institute, 12 states and Puerto Rico require no-fault personal injury protection (PIP): Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah.
In a no-fault state, your own PIP coverage pays your medical bills and some lost wages no matter who caused the crash. You can step outside no-fault and sue the at-fault driver only if your injury meets a threshold:
- Verbal threshold (a serious injury described in law, such as permanent injury or significant disfigurement): Florida, Michigan, New Jersey, New York and Pennsylvania.
- Monetary threshold (medical costs above a set dollar amount): Hawaii, Kansas, Kentucky, Massachusetts, Minnesota, North Dakota and Utah.
- Choice no-fault: in New Jersey, Pennsylvania and Kentucky drivers can reject the lawsuit limits and keep the right to sue.
All other states use fault-based (tort) rules, where the at-fault driver’s insurer pays. Compare rules in our car accident fault rules by state.
SourcesNo-fault backgroundTriple-ITort filings analysisTriple-I / CAS


