Key Takeaways

  • No-fault insurance requires your OWN insurer to pay your injury expenses, regardless of who caused the accident
  • Personal Injury Protection (PIP) is the no-fault coverage — it typically covers medical expenses, lost wages, and essential services
  • There are 12 true no-fault states plus 9 'choice' or 'add-on' states with PIP options
  • No-fault laws restrict the right to sue — you can only sue for serious injuries that exceed a threshold (verbal or monetary)
  • PIP limits vary widely by state — from $2,500 in New Jersey to unlimited in Michigan (pre-reform)
Last updated: December 2025

No-Fault Insurance and PIP

No-fault auto insurance is a system where your own insurer pays for your injuries regardless of who caused the accident. This differs from the traditional "tort" system where the at-fault driver's insurance pays.

What Is No-Fault Insurance?

Definition: A system where each driver's own insurance pays for their injuries, regardless of fault.

Key Features

FeatureDescription
Your insurer paysRegardless of who caused the accident
Faster paymentNo need to determine fault first
Limited lawsuitsTort restrictions apply
Required coveragePIP is mandatory in no-fault states

Personal Injury Protection (PIP)

PIP is the coverage that makes no-fault systems work.

What PIP Typically Covers

CoverageDescription
Medical expensesHospital, doctors, rehab
Lost wagesIncome lost due to injury
Essential servicesHousekeeping, childcare
Funeral expensesDeath benefit
Survivor benefitsDeath benefits to family

PIP vs. Medical Payments

FeaturePIPMedical Payments (Part B)
Mandatory inNo-fault statesOptional everywhere
Lost wagesYESNO
Essential servicesYESNO
Funeral expensesOften YESSometimes
Typical limits$10,000-$250,000+$1,000-$10,000

No-Fault States

True No-Fault States (12)

StateRequired PIP LimitThreshold Type
Florida$10,000Monetary
Michigan(Reformed 2020)Verbal
New Jersey$15,000Verbal/Monetary
New York$50,000Verbal
Pennsylvania$5,000Choice
Massachusetts$8,000Monetary
Hawaii$10,000Monetary
Kansas$4,500Monetary
Kentucky$10,000Choice
Minnesota$40,000Monetary
North Dakota$30,000Monetary
Utah$3,000Monetary

Choice/Add-On States (9)

In these states, PIP is available but drivers can choose to opt out:

  • Arkansas
  • Delaware
  • Maryland
  • Oregon
  • South Dakota
  • Texas
  • Virginia
  • Washington
  • Wisconsin

Tort Thresholds

In no-fault states, you can only sue the at-fault driver if injuries exceed a threshold.

Verbal Threshold

Definition: You can sue only if injuries meet specific criteria (e.g., "serious injury").

Serious Injury Typically Includes:

  • Death
  • Significant disfigurement
  • Bone fracture
  • Permanent injury
  • Loss of body function
  • Loss of fetus

Monetary Threshold

Definition: You can sue only if medical bills exceed a specific dollar amount.

Example: $2,500 threshold

  • Medical bills under $2,500: Cannot sue
  • Medical bills over $2,500: Can sue for pain and suffering

Threshold Comparison

TypeProsCons
VerbalLimits minor lawsuitsSubjective interpretation
MonetaryClear, objectiveMay encourage inflated bills

How No-Fault Claims Work

Step-by-Step Process

  1. Accident occurs
  2. Report to YOUR insurer (not the other driver's)
  3. Submit medical bills to PIP
  4. PIP pays regardless of fault
  5. If serious injury: May pursue lawsuit against at-fault driver

Example Claim

Scenario: You're rear-ended. Medical bills: $8,000. Lost wages: $3,000.

In Tort StateIn No-Fault State
Wait for fault determinationFile PIP claim immediately
At-fault driver's insurer paysYour PIP pays $11,000
May take monthsPayment within days/weeks

Pros and Cons of No-Fault

Advantages

BenefitExplanation
Faster paymentNo fault determination needed
Reduced litigationFewer lawsuits
Guaranteed coverageYour own insurer pays
Lower legal costsLess attorney involvement

Disadvantages

DrawbackExplanation
Limited lawsuit rightsCan't sue for minor injuries
Higher premiumsPIP coverage costs more
No pain/sufferingFor minor injuries
Fraud potentialSome abuse the system

Subrogation in No-Fault

Even in no-fault states, insurers may seek reimbursement:

  1. Your PIP pays your medical bills
  2. Insurer may seek subrogation against at-fault driver
  3. At-fault driver's liability pays back your insurer

State-Specific Notes

Michigan (Pre-2020)

  • Only state with unlimited PIP
  • Very high premiums
  • Reformed in 2020 to allow coverage choices

Florida

  • $10,000 PIP mandatory
  • No bodily injury liability required
  • High uninsured motorist rate
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No-Fault Insurance System Overview
Required PIP Limits by State ($)
Test Your Knowledge

In a no-fault state, whose insurance pays for your injuries after an auto accident?

A
B
C
D
Test Your Knowledge

PIP coverage typically includes all of the following EXCEPT:

A
B
C
D
Test Your Knowledge

A "verbal threshold" in no-fault insurance means:

A
B
C
D