No-Fault States: The Full List, and What It Means in Yours

Twelve states and Puerto Rico have no-fault car insurance: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah. That list comes from the Insurance Information Institute. Every other state, and the District of Columbia, uses the at-fault system, where the driver who caused the crash, and their insurer, pays for the injuries.

The short version:

• In a no-fault state, your own personal injury protection (PIP) pays your medical bills and lost wages first, whoever caused the crash.
• You can sue the other driver for pain and suffering only once your injuries cross a legal threshold.
• Three of the twelve, New Jersey, Pennsylvania, and Kentucky, are “choice” states: you can keep your full right to sue, usually for a higher premium.
• No-fault covers injuries, not cars. Vehicle damage is still paid by whoever was at fault in every state.

This is general information, not legal advice. The rules below are simplified; the law of the state where the crash happened decides your claim.

The 12 no-fault states

No-fault states limit lawsuits in one of two ways. A verbal threshold lets you sue only for injuries that meet a legal description, such as a serious and permanent injury. A monetary threshold lets you sue once your medical costs pass a set amount. The table follows the Insurance Information Institute’s classification.

Puerto Rico also has a no-fault system. The District of Columbia is usually counted as an at-fault jurisdiction, but it offers drivers the option of no-fault benefits instead.

What “no-fault” actually means after a crash

The name is misleading. Fault still matters in a no-fault state; it just matters later.

1. Your PIP pays first. Your own policy covers your medical bills and part of your lost income, up to its limit, whatever happened. See what PIP covers for the details.
2. The threshold decides whether you can sue. Below it, PIP is all you get for your injuries. Above it, you can claim against the at-fault driver for what PIP does not pay, including pain and suffering.
3. Car damage works the normal way. The at-fault driver’s property damage liability, or your own collision coverage, pays for the vehicles.

So “no-fault” really means “no-fault for the first layer of injury costs”. Once a case crosses the threshold, it becomes an ordinary fault-based claim, and rules like comparative negligence apply.

The three choice states

In New Jersey, Pennsylvania, and Kentucky, you pick your lawsuit rights when you buy the policy.

• Pennsylvania calls the options full tort and limited tort. Limited tort is cheaper but restricts claims for pain and suffering to injuries that count as “serious”.
• New Jersey calls them limitation on lawsuit and no limitation on lawsuit. The limited option uses a verbal threshold.
• Kentucky drivers are covered by no-fault unless they reject its limits in writing. Kentucky’s threshold is monetary.

The cheaper option is the one most people regret after a serious crash, because the premium saving is small next to the claim it can rule out. Look at your declarations page to see which one you have.

At-fault states that still have PIP

A few at-fault states require or offer PIP without restricting your right to sue. These are sometimes called “add-on” states.

• Delaware and Oregon require PIP, but you can still sue the at-fault driver.
• Texas and Maryland require insurers to offer PIP; you can reject it in writing.

Elsewhere, the closest equivalent is medical payments coverage (MedPay), which pays medical bills but not lost wages.

Is my state a no-fault state? Answers for each

These are the states people ask about most. The full list of all 50 follows.

Is Florida a no-fault state?

Yes. Every Florida driver must carry $10,000 of PIP, and you can sue the other driver for pain and suffering only for an injury that meets the state’s verbal threshold in Florida Statutes section 627.737: significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring or disfigurement, or death. PIP generally applies only if you get initial treatment within 14 days of the crash. Since 2023, a Florida plaintiff found more than 50% at fault recovers nothing, under Florida Statutes section 768.81.

Is Texas a no-fault state?

No. Texas is an at-fault state: the driver who caused the crash, and their liability insurer, pays. Insurers must offer you PIP, but you can turn it down in writing. Texas uses a 51% bar, so you recover nothing if you were more than 50% responsible, under chapter 33 of the Civil Practice and Remedies Code.

Is New Jersey a no-fault state?

Yes, and it is a choice state. Your PIP pays first. Whether you can sue for pain and suffering depends on the lawsuit option you chose on your policy: with “limitation on lawsuit”, only for injuries that meet the verbal threshold.

Is California a no-fault state?

No. California is an at-fault state and follows pure comparative negligence: you can recover the share of your damages that was not your fault, even if you were mostly to blame. The rule dates from the California Supreme Court’s 1975 decision in Li v. Yellow Cab Co.

Is Michigan a no-fault state?

Yes, and its system is the most unusual. Since July 2020, Michigan drivers choose their PIP medical limit, from unlimited down to lower levels or, for some drivers, opting out. Michigan’s guide to choosing PIP medical coverage explains each level. Lawsuits for pain and suffering are limited by a verbal threshold.

Is Ohio a no-fault state?

No. Ohio is an at-fault state. It uses a 51% bar: you can recover if your fault is not greater than the combined fault of the others, under Ohio Revised Code section 2315.33.

Is North Carolina a no-fault state?

No. North Carolina is an at-fault state, and one of the few that still follows contributory negligence: if you were even slightly at fault, you can be barred from recovering anything. That makes evidence about how the crash happened unusually important there.

Is Georgia a no-fault state?

No. Georgia had a no-fault law and repealed it, according to the Insurance Information Institute. It is now at-fault, with a 50% bar: you recover nothing if you were 50% or more at fault, under O.C.G.A. section 51-12-33.

Is Illinois a no-fault state?

No. Illinois is an at-fault state with a 51% bar: you recover nothing if you were more than 50% at fault, under 735 ILCS 5/2-1116.

Is Virginia a no-fault state?

No. Virginia is an at-fault state and, like North Carolina, follows contributory negligence. Any fault on your part can bar your claim.

Is Colorado a no-fault state?

No. Colorado used no-fault insurance for about thirty years until the law expired on July 1, 2003, and it has been an at-fault state since, as Insurance Journal reported at the time. Colorado’s comparative negligence rule lets you recover only if your fault is less than the other side’s.

Is Tennessee a no-fault state?

No. Tennessee is an at-fault state. Since the Tennessee Supreme Court’s decision in McIntyre v. Balentine (1992), you can recover only if your fault is less than the defendant’s, so a finding of 50% or more bars your claim.

Is Pennsylvania a no-fault state?

Yes, and it is a choice state. Your first-party benefits pay medical bills first. Whether you can sue for pain and suffering depends on whether you chose full tort or limited tort.

Is Arizona a no-fault state?

No. Arizona is an at-fault state and follows pure comparative negligence, so your recovery is reduced by your share of fault but not barred, under Arizona Revised Statutes section 12-2505.

Is Nevada a no-fault state?

No. Nevada is an at-fault state with a 51% bar: you can recover if your fault is not greater than the defendants’, under NRS 41.141.

All 50 states at a glance

“At-fault” means the driver who caused the crash pays for injuries through their liability insurance, and you can sue them without meeting a threshold. Classification follows the Insurance Information Institute.

Laws change. Before you rely on any line here, confirm it with your state insurance department or your insurer.

Frequently asked questions

How many no-fault states are there?

Twelve, plus Puerto Rico: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.

Can you sue someone in a no-fault state?

Yes, once your injuries cross the state’s threshold. Below it, your own PIP is your remedy for injuries. You can always claim against the at-fault driver for damage to your car.

Does no-fault mean nobody is blamed for the accident?

No. Insurers still decide who caused the crash, and that decision affects the vehicle damage claim, any lawsuit above the threshold, and often your premium.

Does no-fault cover damage to my car?

No. No-fault rules cover injuries. Car damage is paid by the at-fault driver’s property damage liability coverage or by your own collision coverage.

What happens if I crash in a different state from the one I live in?

The rules of the state where the crash happened usually decide the claim, but your own policy follows you. Many policies include an out-of-state clause that raises your coverage to the minimum required where you are driving; check yours for one.

Where to go from here

If you live in a no-fault state, the most useful thing to check today is your PIP limit; read how much PIP you need. If you live in an at-fault state, check whether you carry uninsured motorist coverage, since the other driver’s insurance is what pays you. For what happens if you do need to sue, see how a car accident lawsuit works, or browse all the injury claim guides. Arhox is an independent publication, not an insurer, broker, or law firm; our editorial policy and disclaimer explain how these guides are prepared.