No-Fault Insurance States
The 12 states + DC where your own auto insurance pays your medical bills and lost wages regardless of who caused the crash — and where you can only sue the at-fault driver across a statutory threshold. PIP minimums and tort thresholds vary by state.
Reviewed by Leonard Goldberg, Editor · Last updated · What is no-fault insurance?
The 12 No-Fault States + DC
| State | PIP Minimum | Tort Threshold | Notes |
|---|---|---|---|
| Florida | $10,000 | Permanent injury / death / significant disfigurement | PIP pays 80% of medical, 60% of lost wages. Strict 14-day medical visit requirement to access PIP. |
| Michigan | Choice ($50K to unlimited) | Serious impairment of body function / death / serious disfigurement | 2019 reforms changed unlimited PIP to choice-based ($50K/$250K/$500K/unlimited). Unlimited now ~$3,000/yr premium. |
| New York | $50,000 | Serious injury (CPLR §5102(d): death, dismemberment, fracture, permanent loss/limitation, etc.) | Add-on PIP available up to $1M+. Among most aggressive no-fault enforcement. |
| New Jersey | $15,000 (Basic) / $250,000 (Standard) | Tort Threshold option (Verbal) vs No Tort Threshold (No Limit) | Two policy options: Basic ($15K PIP, verbal threshold) or Standard ($250K PIP, choice of threshold). |
| Pennsylvania | $5,000 | Full Tort vs. Limited Tort election (cheaper premium) | Choice no-fault — Limited Tort buyers cannot sue for pain & suffering except for serious injury. Full Tort allows unrestricted suit. |
| Massachusetts | $8,000 | $2,000 medical or serious-injury thresholds (Ch. 90 §34M) | First $2K of medical paid by PIP regardless of fault. Tort suit allowed above threshold. |
| Kentucky | $10,000 | Optional — drivers can elect to opt out of no-fault entirely | Default no-fault but plaintiffs can opt out, sacrificing PIP coverage but preserving full tort rights. |
| Minnesota | $40,000 | $4,000 medical OR 60 days disability OR permanent injury | PIP pays 85% of medical and 85% of lost wages. |
| North Dakota | $30,000 | $2,500 medical OR serious-injury thresholds | Limited no-fault state. PIP also covers passengers and pedestrians. |
| Utah | $3,000 | $3,000 medical OR permanent disability / disfigurement / dismemberment | Low PIP minimum. Tort suit above threshold. |
| Hawaii | $10,000 | $5,000 medical OR permanent injury / serious disfigurement | Pays PIP plus 30-day wage-replacement options. |
| Kansas | $4,500 | $2,000 medical OR permanent injury / fracture / disfigurement | Pays medical, wage replacement, substitution services, funeral. |
| District of Columbia | Optional ($50K) | Hybrid: choose between no-fault or fault system at claim time | Choice system. Once you elect PIP coverage on a claim, you can't sue the at-fault driver. DC residents only. |
What “No-Fault” Actually Means
Your insurance pays first. If you’re in a crash in a no-fault state, your own auto policy’s PIP coverage pays your medical bills and lost wages first — regardless of who caused the accident. You don’t have to wait for liability to be determined.
You can’t sue across the threshold. To sue the at-fault driver for pain & suffering, you have to cross a statutory threshold — either a dollar amount (e.g., $2,000 in medical bills) or a serious-injury definition (e.g., NY’s 9 categories under CPLR §5102(d)).
PIP is no-fault on the medical/wage side, only. For property damage, fault matters even in no-fault states. Subrogation across state lines and uninsured-motorist claims add wrinkles.
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