General legal information for the United States, not legal advice. Read the disclaimer

No-Fault Car Insurance: How It Works and Which States Use It

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In no-fault states, your own auto insurance pays certain medical expenses and lost income after a crash regardless of who caused it. You can usually sue the at-fault driver only if injuries cross a threshold.

The basics

  • Your personal injury protection (PIP) coverage pays first for medical costs and sometimes lost wages.
  • Limits and benefits vary by state and policy.
  • Property damage is typically still handled on a fault basis.

Where it applies

About a dozen states use some form of no-fault, including Florida, Michigan, New York and New Jersey, and a few allow drivers to choose. Rules differ and change, so check your state insurance department.

Lawsuit thresholds

To sue for pain and suffering, you generally must meet a threshold, such as a dollar amount of medical bills or a serious injury category. Below it, your recovery is mostly limited to no-fault benefits.

Tips

  1. File your PIP claim quickly, since deadlines are short.
  2. Keep medical records and bills.
  3. Understand your policy limits.
  4. Ask a lawyer about thresholds if injuries are serious.

Frequently asked questions

Does no-fault mean no one is at fault?

No. Fault still matters for lawsuits and property damage.

Can I choose to opt out?

Some states offer options.

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