What states are no-fault for car accidents?
What states are no-fault? The Alabama Department of Insurance lists 12: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah (checked November 9, 2026). In a no fault states car accident, you look first to your own insurer, whoever caused the crash. Arizona and Texas are not on that list.
Last checked November 9, 2026 · Official sources (30)
What states are no-fault?
Twelve states are on the Alabama Department of Insurance's no-fault list, as we checked it on November 9, 2026. The table gives what each state's own agency or statute says. Several of these states let drivers make choices that change their rights, so the label does not mean the same thing everywhere.
| State | What the state's own source says |
|---|---|
| Florida | PIP covers 80 percent of necessary medical costs up to $10,000, no matter who caused the crash. |
| Hawaii | PIP of at least $10,000 for your own medical and rehabilitation costs. |
| Kansas | A liability policy must include personal injury protection benefits. We did not verify the dollar amount. |
| Kentucky | Basic reparation benefits are capped at $10,000 per person per accident. |
| Massachusetts | PIP covers medical costs, up to 75 percent of lost wages and replacement services, to $8,000. |
| Michigan | Drivers choose a PIP medical level. If none is chosen, unlimited is the default. |
| Minnesota | $20,000 for medical expense loss, plus $20,000 for other basic losses. |
| New Jersey | Most drivers buy $250,000 of PIP. |
| New York | Its regulator refers to $50,000 available under No-Fault. |
| North Dakota | Basic no-fault of $30,000 per person. |
| Pennsylvania | Insurers must offer both full tort and limited tort. |
| Utah | On the list, but we could not verify details from a Utah source. |
Other lists may count more or fewer states, because choice states and PIP-only states are grouped in different ways. Use the source and the date.
How does a car accident claim work in a no-fault state?
Your own insurer pays your first-line injury costs, up to your PIP limit, without waiting to decide who caused the crash.
- Get medical care and keep every bill.
- Tell your own insurer about the crash and open a PIP claim right away.
- Keep pay stubs if you missed work. PIP often covers part of lost pay.
- Send the repair estimate to the right insurer. In Hawaii, for example, the driver at fault still pays for vehicle and property damage.
- Check the lawsuit threshold in your state before you decide to sue.
Watch the deadlines. Kansas, for one, bars a PIP claim made more than two years after the injury.
Does no-fault mean nobody is to blame?
No. Fault still matters for the cars and, above a certain level of injury, for a lawsuit. The no-fault part covers who pays for your injuries first.
When can I still sue in a no-fault state?
| State | When a lawsuit for pain and suffering is allowed |
|---|---|
| Florida | When the injury includes a significant and permanent loss of an important bodily function, among other serious results. |
| Hawaii | Not unless there are serious injuries. |
| Michigan | Only with death, serious impairment of body function or permanent serious disfigurement. |
| Minnesota | Only if medical-type costs exceed $4,000, unless another exception applies. |
| New York | When you sustain a serious injury. |
| New Jersey, Pennsylvania | You choose. New Jersey lets many drivers name health insurance as primary, and Pennsylvania insurers must offer limited and full tort. |
These thresholds can change, and an injury that seems small can turn out to be larger. Ask a lawyer before you accept that you cannot sue.
Is Arizona a no-fault state?
No. The Alabama Department of Insurance lists Arizona with the tort states. That means the driver who caused the crash, and that driver's insurer, is usually the source of payment for your injuries.
Arizona requires at least $25,000 per person and $50,000 per crash in liability coverage. Your own medical payments coverage is not automatic. The state regulator says you need Medical Payments coverage to have your own injuries covered under an auto policy.
Is Texas a no-fault state?
No, but Texas has a no-fault style benefit. The Alabama Department of Insurance lists Texas among the states where PIP is available or required while fault still decides lawsuits.
All auto policies in Texas include PIP, and you must tell the company in writing if you do not want it. Texas law does not require PIP above $2,500 per person, and the benefits are payable without regard to fault. The driver who caused the crash still carries liability insurance, with Texas minimums of $30,000 per person and $60,000 per crash.
What does PIP pay for after a car accident?
PIP pays your own bills first, and what it covers depends on the state. Texas says PIP pays your and your passengers' medical bills, and also things like lost wages and other nonmedical costs. Massachusetts counts medical costs, up to 75 percent of lost wages and replacement services, and Florida pays 80 percent of necessary medical costs.
PIP has a ceiling. When the bills pass it, you may need health insurance, extra PIP or a claim against the driver who caused the crash. New York's regulator, for instance, points to Additional PIP when basic benefits run out.
How do I know if my own policy has PIP?
- Find the first page of your policy, called the declarations page.
- Look for personal injury protection, PIP, no-fault or basic reparation benefits.
- Write down the limit, such as $2,500 or $10,000.
- Call your insurer and ask what the limit pays for and how long you have to file.
- Ask the state insurance department if the answer does not match what you read here.
What if I crash in a different state from where I bought my policy?
This is not settled by one simple rule that we could verify, so we do not give you one. The answer can depend on the state where the policy was bought, the state where the crash happened and the policy's own terms. Call your insurer, ask which state's rules apply to your PIP claim, and ask for the answer in writing.
What mistakes cost people money in no-fault states?
- Waiting to open the PIP claim. Some states set a short filing window.
- Assuming your health insurer must pay first. In New Jersey that is a choice you make with your policy.
- Skipping the PIP claim because someone else caused the crash. PIP is payable without regard to fault in a state like Texas.
- Giving up on a lawsuit before you ask about the threshold for a serious injury.
Questions
What states are no-fault?
Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah, per the Alabama Department of Insurance list we checked on November 9, 2026.
Is Arizona a no-fault state?
No. It is listed with the tort states.
Is Texas a no-fault state?
No, but every auto policy includes PIP unless you refuse it in writing.
What does no-fault mean after a car accident?
People seek recovery from their own insurers instead of bringing a lawsuit, without first deciding who was at fault.
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- Alabama Department of Insurance, checked 2026-11-09. “No-Fault States Florida Michigan Pennsylvania Hawaii Minnesota Utah Kansas New Jersey Kentucky New York Massachusetts North Dakota”
- NAIC, checked 2026-11-09. “meaning there is no need to determine who is at fault to receive payment for injury claims”
- Alabama Department of Insurance, checked 2026-11-09. “Alabama Iowa North Carolina Alaska Louisiana Ohio Arizona Maine Oklahoma”
- Arizona Department of Insurance and Financial Institutions, checked 2026-11-09. “You need Medical Payments coverage to have your own injuries covered under an auto policy.”
- Texas Department of Insurance, checked 2026-11-09. “All auto policies in Texas include PIP coverage. If you don't want it, you must tell the company in writing.”
- Tex. Ins. Code § 1952.155, checked 2026-11-09. “the fault or nonfault of the named insured or recipient in causing or contributing to the collision”
- Hawaii Department of Commerce and Consumer Affairs, checked 2026-11-09. “And you cannot sue or be sued unless there are serious injuries.”
- Florida Department of Highway Safety and Motor Vehicles, checked 2026-11-09. “PIP covers 80 percent of all necessary and reasonable medical expenses up to $10,000 resulting from a covered injury, no matter who caused the crash.”
- Hawaii Department of Commerce and Consumer Affairs, checked 2026-11-09. “At least $10,000 of coverage for your own medical and rehabilitation costs, regardless of fault.”
- K.S.A. § 40-3107(f), checked 2026-11-09. “include personal injury protection benefits to the named insured, relatives residing in the same household, persons operating the insured motor vehicle, passengers in such motor vehicle”
- KRS § 304.39-020(2), checked 2026-11-09. “shall be ten thousand dollars ($10,000), regardless of the number of persons entitled to such benefits”
- Mass.gov, checked 2026-11-09. “Personal Injury Protection (also known as PIP) covers medical expenses, up to 75% of lost wages and replacement services up to a limit of $8,000.”
- Michigan Department of Insurance and Financial Services, checked 2026-11-09. “If a PIP medical option is not chosen by the insured, the unlimited PIP medical option is selected by default.”
- Minn. Stat. § 65B.44, checked 2026-11-09. “$20,000 for medical expense loss arising out of injury to any one person”
- New Jersey Department of Banking and Insurance, checked 2026-11-09. “Most New Jersey drivers buy $250,000 worth of PIP, a higher amount than drivers typically purchase in other states.”
- New York Department of Financial Services, checked 2026-11-09. “What do I do if my expenses exceed the $50,000 available under No-Fault?”
- North Dakota Insurance Department, checked 2026-11-09. “Basic no-fault - $30,000 per person.”
- 75 Pa.C.S. § 1705, checked 2026-11-09. “shall notify in writing each named insured of the availability of two alternatives of full tort insurance and limited tort insurance”
- Hawaii Department of Commerce and Consumer Affairs, checked 2026-11-09. “the driver-at-fault in an accident is responsible for damages to vehicle and property.”
- K.S.A. § 40-3110(a), checked 2026-11-09. “No claim for personal injury protection benefits may be made after two (2) years from the date of the injury.”
- Fla. Stat. § 627.737(2), checked 2026-11-09. “Significant and permanent loss of an important bodily function.”
- MCL § 500.3135(1), checked 2026-11-09. “only if the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement.”
- Minn. Stat. § 65B.51, checked 2026-11-09. “no person shall recover damages for noneconomic detriment unless: (a) The sum of the following exceeds $4,000”
- New York Department of Financial Services, checked 2026-11-09. “You may sue another driver if he or she caused the accident that injured you and you sustain a "serious injury".”
- New Jersey Department of Banking and Insurance, checked 2026-11-09. “you may be able to designate your health coverage provider (your health insurer) as your primary source of medical care should you be injured in an automobile accident.”
- A.R.S. § 28-4009(A)(2)(b), checked 2026-11-09. “(i) $25,000 because of bodily injury to or death of one person in any one accident. (ii) Subject to the limit for one person, $50,000 because of bodily injury to or death of two or more persons in any one accident. (iii) $15,000 because of injury to or destruction of property of others in any one accident.”
- Alabama Department of Insurance, checked 2026-11-09. “Arkansas Oregon Virginia Delaware South Carolina District of Columbia South Dakota Maryland Texas”
- Tex. Ins. Code § 1952.153, checked 2026-11-09. “This subchapter does not require an insurer to provide personal injury protection coverage in an amount that exceeds $2,500 for all benefits, in the aggregate, for each person.”
- Tex. Transp. Code § 601.072(a-1), checked 2026-11-09. “(1) $30,000 for bodily injury to or death of one person in one collision; (2) $60,000 for bodily injury to or death of two or more persons in one collision, subject to the amount provided by Subdivision (1) for bodily injury to or death of one of the persons; and (3) $25,000 for damage to or destruction of property of others in one collision.”
- Texas Department of Insurance, checked 2026-11-09. “Personal injury protection (PIP) coverage is similar to medical payments coverage. It pays your and your passengers' medical bills. But it also pays for things like lost wages and other nonmedical costs.”