The short answer
- You claim through your own insurance first. In a no-fault state, your own Personal Injury Protection (PIP) covers your medical bills after a crash, regardless of who caused it.
- Your right to sue the other driver is limited. You can usually only step outside the no-fault system and sue if your injuries cross a certain "serious injury" threshold.
- There are 12 no-fault states. Everywhere else is an "at-fault" (tort) state, where the at-fault driver's insurer is responsible.
- Property damage still follows fault. No-fault generally applies to injuries — vehicle damage is normally handled the usual, at-fault way.
In this guide
No-fault states: the map
Preview: squares fill in as each state's facts are cited. The live page shows the map once at least half the states are.
No-fault states
No-fault type
- At-fault
- No-fault
- Choice
- Add-on
- In preparation
PIP minimum
- None required
- Up to $10,000
- $10,001–$25,000
- $25,001–$50,000
- Over $50,000
- In preparation
Select a state to see its rule, the statute and when we last checked it. The same data is in the table below.
| State | No-fault type | Tort threshold | PIP minimum | Last checked |
|---|---|---|---|---|
| Alabama | In preparation | In preparation | In preparation | In preparation |
| Alaska | In preparation | In preparation | In preparation | In preparation |
| Arizona | In preparation | In preparation | In preparation | In preparation |
| Arkansas | In preparation | In preparation | In preparation | In preparation |
| California | In preparation | In preparation | In preparation | In preparation |
| Colorado | In preparation | In preparation | In preparation | In preparation |
| Connecticut | In preparation | In preparation | In preparation | In preparation |
| Delaware | In preparation | In preparation | In preparation | In preparation |
| District of Columbia | In preparation | In preparation | In preparation | In preparation |
| Florida | In preparation | In preparation | In preparation | In preparation |
| Georgia | In preparation | In preparation | In preparation | In preparation |
| Hawaii | In preparation | In preparation | In preparation | In preparation |
| Idaho | In preparation | In preparation | In preparation | In preparation |
| Illinois | In preparation | In preparation | In preparation | In preparation |
| Indiana | In preparation | In preparation | In preparation | In preparation |
| Iowa | In preparation | In preparation | In preparation | In preparation |
| Kansas | In preparation | In preparation | In preparation | In preparation |
| Kentucky | In preparation | In preparation | In preparation | In preparation |
| Louisiana | In preparation | In preparation | In preparation | In preparation |
| Maine | In preparation | In preparation | In preparation | In preparation |
| Maryland | In preparation | In preparation | In preparation | In preparation |
| Massachusetts | In preparation | In preparation | In preparation | In preparation |
| Michigan | In preparation | In preparation | In preparation | In preparation |
| Minnesota | In preparation | In preparation | In preparation | In preparation |
| Mississippi | In preparation | In preparation | In preparation | In preparation |
| Missouri | In preparation | In preparation | In preparation | In preparation |
| Montana | In preparation | In preparation | In preparation | In preparation |
| Nebraska | In preparation | In preparation | In preparation | In preparation |
| Nevada | In preparation | In preparation | In preparation | In preparation |
| New Hampshire | In preparation | In preparation | In preparation | In preparation |
| New Jersey | In preparation | In preparation | In preparation | In preparation |
| New Mexico | In preparation | In preparation | In preparation | In preparation |
| New York | In preparation | In preparation | In preparation | In preparation |
| North Carolina | In preparation | In preparation | In preparation | In preparation |
| North Dakota | In preparation | In preparation | In preparation | In preparation |
| Ohio | In preparation | In preparation | In preparation | In preparation |
| Oklahoma | In preparation | In preparation | In preparation | In preparation |
| Oregon | In preparation | In preparation | In preparation | In preparation |
| Pennsylvania | In preparation | In preparation | In preparation | In preparation |
| Rhode Island | In preparation | In preparation | In preparation | In preparation |
| South Carolina | In preparation | In preparation | In preparation | In preparation |
| South Dakota | In preparation | In preparation | In preparation | In preparation |
| Tennessee | In preparation | In preparation | In preparation | In preparation |
| Texas | In preparation | In preparation | In preparation | In preparation |
| Utah | In preparation | In preparation | In preparation | In preparation |
| Vermont | In preparation | In preparation | In preparation | In preparation |
| Virginia | In preparation | In preparation | In preparation | In preparation |
| Washington | In preparation | In preparation | In preparation | In preparation |
| West Virginia | In preparation | In preparation | In preparation | In preparation |
| Wisconsin | In preparation | In preparation | In preparation | In preparation |
| Wyoming | In preparation | In preparation | In preparation | In preparation |
Embed this
<iframe src="https://theaccidentadvisory.com/embed/no-fault-states/" title="No-fault states, The Accident Advisory" width="100%" height="560" style="border:0" loading="lazy"></iframe>Cite this
The Accident Advisory. (2026). No-fault states [Data set]. https://theaccidentadvisory.com/no-fault-states/“No-fault” is one of the most misunderstood terms after a car accident, partly because it doesn’t mean what it sounds like. It doesn’t mean nobody was at fault — it describes how your medical bills get paid. Here’s the plain-English version, and exactly which states it applies in.
No-fault isn't about who caused the accident. It's about whose insurance pays your medical bills first — and in a no-fault state, that's your own.
How no-fault works
In a no-fault state, you’re required to carry Personal Injury Protection (PIP), and after an accident you file with your own insurer for medical costs and certain lost wages — no matter who was at fault. The trade-off is that your ability to sue the other driver is restricted: you generally can only do so if your injuries are serious enough to cross your state’s threshold (defined by a dollar amount of medical bills, or by injuries such as permanent impairment or disfigurement).
The no-fault states
There are 12 no-fault states. In three of them — Kentucky, New Jersey and Pennsylvania — drivers can choose between the no-fault system and a traditional tort policy, which is why they’re called “choice” no-fault states.
| State | Type | Notes |
|---|---|---|
| Florida | Mandatory | Becomes an at-fault state on Jan 1, 2027. |
| Hawaii | Mandatory | |
| Kansas | Mandatory | |
| Kentucky | Choice | You can opt out of no-fault in writing. |
| Massachusetts | Mandatory | |
| Michigan | Mandatory | PIP limits are selectable, up to unlimited. |
| Minnesota | Mandatory | |
| New Jersey | Choice | You can choose no-fault or a traditional tort policy. |
| New York | Mandatory | |
| North Dakota | Mandatory | |
| Pennsylvania | Choice | You can choose "limited tort" or "full tort". |
| Utah | Mandatory |
"Add-on" PIP states
Separately, a number of at-fault states let you add PIP coverage to your policy without being true no-fault states — for example Arkansas, Delaware, Maryland, Oregon, Texas, Virginia, Washington and the District of Columbia, among others. In these states you can have PIP-style medical cover, but your right to sue the at-fault driver isn’t restricted the way it is in a true no-fault state.
What it means for your claim
If you’re in a no-fault state, your first stop after an injury is usually your own insurer’s PIP, even if the other driver clearly caused the crash. If your injuries are serious, you may be able to pursue the at-fault driver beyond the no-fault system — which is one of the situations where advice is genuinely worth getting. And remember that vehicle damage is normally handled the at-fault way regardless.
- No-fault describes how medical bills are paid — through your own PIP first.
- There are 12 no-fault states; Kentucky, New Jersey and Pennsylvania let you choose.
- Your right to sue is limited unless injuries cross a serious-injury threshold.
- Florida is set to switch to an at-fault system on January 1, 2027.
- Property damage normally still follows the at-fault rules.
Common questions
Does "no-fault" mean no one is to blame?
No. It just means your own insurer pays your medical bills first, regardless of who caused the accident. Fault still matters — especially for vehicle damage and for serious-injury claims.
Can I still sue the other driver in a no-fault state?
Sometimes. You generally have to cross your state's "serious injury" threshold — based on a dollar amount of medical costs or specific serious injuries — before you can step outside the no-fault system.
Which states are no-fault?
Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah. Kentucky, New Jersey and Pennsylvania let drivers choose.
Is Florida still no-fault?
For now, yes — but Florida is set to move to an at-fault system on January 1, 2027. Which rules apply to a given accident depends on when it happened.
Sources
Written by The Accident Advisory editorial team from the sources below. Every change is logged in the editorial changelog.
- Insurance Information Institute (III) — background on no-fault insurance and PIP. iii.org. Accessed
- State departments of insurance — PIP and no-fault requirements (varies by state). Accessed
- Florida no-fault reform — enacted transition to an at-fault system effective January 1, 2027. Accessed
The Accident Advisory provides free, general information and is not a law firm and does not provide legal advice. No-fault rules, PIP requirements and serious-injury thresholds vary by state and change over time; confirm the current rules for your state or speak with a qualified attorney.