What Happens When You're in a Car Accident in a No-Fault State

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Car Accident Claims in No-Fault States Run Through Your Own Insurer First

In a no-fault state, your own insurance pays your medical bills after a car accident, no matter who caused the crash.

That coverage is called personal injury protection, or PIP, and every driver in a no-fault state is required to carry it.

No-fault only changes how injury bills get paid. The at-fault driver still answers for the damage to your car.


how compensation works in car accidents in no-fault states

The name trips people up: no-fault does not mean nobody is liable.

When your injuries are serious enough, you can step outside the no-fault system and sue the at-fault driver.

Twelve states use this system, and each sets its own coverage minimums and its own line for what counts as a serious injury.

If your injuries have outgrown your PIP coverage, call (888) 713-6653 and we will review the case for free and tell you where it stands.

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How a No-Fault Car Accident Claim Works, From PIP to the Lawsuit

After a crash in a no-fault state, each driver files with their own insurance company, which pays their medical bills up to the policy limit without waiting for anyone to be blamed.

The coverage doing that work is personal injury protection (PIP), which state legislatures adopted to keep smaller injury claims out of the courts.

PIP limits run out fast, and what it pays is subject to subrogation: the carrier can take back what it paid out of any later recovery from the at-fault side. A serious injury can exhaust the policy before the treatment is finished.

 

The No-Fault States and Their Insurance Coverage Requirements

Florida

  • $10,000 Property Damage Liability (PDL)

  • $10,000 Personal Injury Protection (PIP)

Hawaii

  • $40,000/$80,000 Bodily Injury Liability (BIL) for policies new or renewed on/after 1/1/2026 ($20,000/$40,000 before)

  • $20,000 PDL (was $10,000), $10,000 Personal Injury Protection (PIP)
Kansas

  • $25,000/$50,000 Bodily Injury Liability (BIL)

  • $25,000 Property Damage Liability (PDL)

  • $25,000/$50,000 Uninsured/Underinsured Motorist Coverage (UM/UIM)

  • $4,500 Personal Injury Protection (PIP)

Kentucky

  • $25,000/$50,000 Bodily Injury Liability (BIL)

  • $25,000 Property Damage Liability (PDL)

  • $10,000 Personal Injury Protection (PIP)

Massachusetts

  • $25,000/$50,000 Bodily Injury Liability (BIL) since 7/1/2025 (first increase since 1988)

  • $30,000 Property Damage Liability (PDL)

  • $25,000/$50,000 Uninsured Motorist Coverage (UM)

  • $8,000 Personal Injury Protection (PIP)

Michigan

  • $50,000/$100,000 Bodily Injury Liability (BIL)

  • $10,000 Property Damage Liability (PDL) (outside Michigan)

  • $1 million Property Damage Liability (PDL) (within Michigan)

  • Personal Injury Protection (PIP): choice tiers from $50,000 up to unlimited

Minnesota

  • $30,000/$60,000 Bodily Injury Liability (BIL)

  • $10,000 Property Damage Liability (PDL)

  • $25,000/$50,000 Uninsured/Underinsured Motorist Coverage (UM/UIM)

  • $40,000 Personal Injury Protection (PIP)

New Jersey

  • Standard policy: $35,000/$70,000 Bodily Injury Liability for policies on/after 1/1/2026

  • $25,000 Property Damage Liability (Basic policy: $5,000, no BIL required)

  • $15,000 Personal Injury Protection (PIP) minimum on both policy types

New York

  • $25,000/$50,000 Bodily Injury Liability (BIL)

  • $10,000 Property Damage Liability (PDL)

  • $25,000/$50,000 Uninsured/Underinsured Motorist Coverage (UM/UIM)

  • $50,000 Personal Injury Protection (PIP)

North Dakota

  • $25,000/$50,000 Bodily Injury Liability (BIL)

  • $25,000 Property Damage Liability (PDL)

  • $25,000/$50,000 Uninsured/Underinsured Motorist Coverage (UM/UIM)

  • $30,000 Personal Injury Protection (PIP)

Pennsylvania

  • $15,000/$30,000 Bodily Injury Liability (BIL)

  • $5,000 Property Damage Liability (PDL)

  • $5,000 Medical Benefits

Utah

  • $30,000/$65,000 Bodily Injury Liability (BIL) since 1/1/2025

  • $25,000 Property Damage Liability (PDL)

  • $3,000 Personal Injury Protection (PIP)

 

represent people not files quote

What the No-Fault State Minimums Mean for Your Claim

statute of limitations for accident injury claims

Those figures are legal floors, not an estimate of what a real injury costs. In Florida, a single emergency room visit can exhaust the entire $10,000 PIP limit before follow-up care even starts. How these floors compare with the at-fault states is laid out in our table of car insurance minimums by state.

Three of the twelve (Kentucky, New Jersey, and Pennsylvania) are choice states, where drivers pick between the no-fault system and traditional tort rights when they buy the policy.

When a serious injury pushes your losses past the coverage, a lawsuit against the at-fault driver is how the rest gets recovered.


How a No-Fault State Affects the Coverage You Buy

No-fault states make you buy more coverage, not less: PIP is mandatory, several of these states require UM/UIM on top of it, and both show up in your premium.

What PIP pays for is consistent across states: your medical bills, a share of your lost wages, and the essential services (childcare, housework) that you or your injured passengers can no longer handle.

The best-known example is Florida's no-fault system, where every driver carries $10,000 in PIP, and a handful of at-fault states require PIP or medical payments coverage as well.



   The Serious Injury Threshold

The no-fault trade works like this: you get your bills paid without proving fault, and in exchange you give up the right to sue for pain and suffering unless your injuries cross the serious injury threshold.

States draw that line in one of two ways. Verbal thresholds list qualifying injuries, such as fractures, significant disfigurement, permanent limitation of a body organ or member, or death. Monetary thresholds instead ask whether your medical bills passed a set dollar figure.

Cross your state's line and the at-fault driver's liability coverage is on the hook for everything PIP never touched: the rest of the medical bills, the full lost income, and compensation for the pain itself.

A lot of callers from no-fault states believe the system already decided they can't sue. That is often wrong, and finding out costs nothing.

Your car is a different story. No-fault never applies to property damage, so the repair bill goes to the at-fault driver's property damage liability coverage or through your own collision policy. UM/UIM coverage steps in when the driver who hit you carries too little insurance to answer for either.

Each No-Fault State's Threshold to Sue, Side by Side

This is the line that decides whether you can bring a lawsuit for pain and suffering. Last verified August 14, 2026; New York's threshold changed in 2026 and the change turns on the filing date.


State Threshold Type The Line You Must Cross to Sue Citation
FloridaVerbalPermanent injury within reasonable medical probability; significant and permanent scarring or disfigurement; significant and permanent loss of an important bodily function; or death§ 627.737(2)
HawaiiMonetary or verbal$5,000 in PIP benefits paid or payable; or death, significant permanent loss of use of a body part or function, or permanent serious disfigurement§ 431:10C-306
KansasMonetary or verbal$2,000 in medical expenses; or a fracture of a weight-bearing bone, a compound or displaced fracture, loss of a body member, permanent injury, permanent loss of a bodily function, or deathK.S.A. 40-3117
KentuckyMonetary or verbal (choice state)$1,000 in medical expenses; or a fracture, permanent disfigurement, permanent injury, or deathKRS 304.39-060
MassachusettsMonetary or verbal$2,000 in reasonable medical expenses; or death, loss of a body member, permanent and serious disfigurement, loss of sight or hearing, or a fracturec. 231, § 6D
MichiganVerbalDeath, serious impairment of body function, or permanent serious disfigurementMCL 500.3135
MinnesotaMonetary or verbal$4,000 in medical expenses (excluding diagnostic imaging); or 60+ days of disability, permanent injury, permanent disfigurement, or death§ 65B.51
New JerseyVerbal (choice state)For limitation-on-lawsuit electors: death, dismemberment, significant disfigurement or scarring, a displaced fracture, loss of a fetus, or permanent injury§ 39:6A-8(a)
New YorkVerbalEIGHT "serious injury" categories for actions filed on/after 5/26/2026 (the 90/180-day category was repealed); earlier filings keep the old nineIns. Law § 5102(d)
North DakotaMonetary or verbal$2,500 in medical expenses; or disability beyond 60 days, serious permanent disfigurement, or death§ 26.1-41-08
PennsylvaniaVerbal (choice state)For limited-tort electors: death, serious impairment of body function, or serious permanent disfigurement; full-tort electors face no threshold75 Pa.C.S. § 1705(d)
UtahMonetary or verbal$3,000 in medical expenses; or dismemberment, permanent disability or impairment, permanent disfigurement, or death§ 31A-22-309

Two patterns are worth noticing. The monetary thresholds are low, some set decades ago, so a single imaging study or emergency visit can cross them. And New York's 2026 change runs the other direction: soft-tissue injuries that resolve no longer qualify on their own, so the medical documentation now decides whether a New York claim exists at all. The rest of the state-by-state rules that decide injury cases are indexed on our page about personal injury laws by state.





How to File an Auto Accident Claim in a No-Fault State

A PIP claim is a first-party claim, filed with your own insurer, and the steps are the same in every no-fault state.


  • Get Safe and Call 911 - Check on everyone involved and move vehicles out of traffic if you can. The police report that follows becomes the first document in your claim, so request a copy.
  • Exchange Information - Name, contact details, insurance carrier, policy number, and license plate for every driver involved.
  • Photograph the Scene - The vehicles, the damage, the road, and any visible injuries. Photos settle arguments that memories start.
  • Notify Your Insurer Promptly - Report the crash and ask for the PIP claim forms. The deadlines are short: New York, for example, requires written notice within 30 days of the accident.

Always seek medical care from a healthcare professional if your collision was strong enough to bend metal.

Late paperwork is one of the few ways to lose a benefit you already paid for, so file the claim even while you are still treating.

shattered glass

How Much Will My Car Insurance Go Up If I Make a Claim?

It depends on who caused the crash. If you're at fault for the accident, expect a real increase at renewal.

Not-at-fault claims carry little weight with most carriers, and many offer accident forgiveness that spares your rate after a first at-fault crash.

How much your premium moves depends on your carrier, your record, and your state. Don't let fear of a rate increase talk you out of using coverage you already paid for.

What Happens if You Don't Inform Your Insurance About an Accident?

Your policy requires prompt notice of any accident, and skipping it hands the insurer a reason to deny the PIP claim you file later. In a no-fault state, that notice is the doorway to your own benefits.

The risk runs the other direction too. If the other driver brings a claim and your carrier never heard about the crash, it can refuse to defend you, leaving you personally responsible for losses your liability coverage existed to handle.

Report the crash even when you did nothing wrong. An unreported accident can surface later as grounds to cancel the policy or contest the claim, at exactly the moment you need the coverage most.

Injured in a No-Fault State? Ask a Lawyer Which Threshold Applies

PIP pays quickly, and then it stops. The decisions that matter come after: whether your injuries cross the threshold, what the at-fault driver's carrier owes, and what your own insurer can claw back.

Anyone hurt badly enough to outgrow their own coverage deserves a straight answer about the case waiting on the other side of the threshold.

Your own insurance company has no reason to answer the threshold question for you, and Lawsuit Legal will answer it before the PIP runs out.

We help drivers whose treatment outlasted their PIP, passengers billed for care their own policy stopped covering, and families told a serious injury was not serious enough, with the legal help they need to cross the threshold.

Call (888) 713-6653 and tell us what your PIP has paid so far. The review is free, 24 hours a day, and there is no fee unless you recover.

 

 

 

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Please select what happened?
Were you injured / hurt?
What is the primary type of injury?
Were you hospitalized or receive medical treatment?
Were you at fault for the accident?
When did the accident happen?
Where did the accident happen?
Was the other driver driving a commercial vehicle?
Please share how best to contact you
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