No-Fault vs. At-Fault Car Insurance States (2026)
Which states use no-fault (PIP) car insurance, which are at-fault, and the choice states.
| State | At-fault or no-fault |
|---|---|
| Alabama | Alabama is an at-fault (tort) state: the Alabama Department of Insurance lists Alabama among the "Tort States," where the driver who causes an accident (and that driver's liability insurer) is responsible for the resulting injuries and damage. Alabama is not listed as a no-fault state or as a state where personal injury protection is required. Alabama Department of Insurance, State Auto Insurance Laws |
| Alaska | Alaska uses a fault-based (tort) system. The Division of Insurance explains that required bodily injury liability insurance protects the insured against claims of other people injured in an accident for which the insured was at fault, and that liability coverage applies to damages for which the insured is found legally responsible. Medical payments coverage, which pays regardless of fault, is described as optional. Alaska Division of Insurance, Consumer Guide to Automobile Insurance (rev. Sept. 2020) |
| Arizona | Arizona follows the at-fault (tort) system for auto accidents: the Arizona statutes reviewed require liability coverage for damages "imposed by law" on the insured and do not require personal injury protection or impose a no-fault threshold. The Alabama Department of Insurance's national list of state auto insurance systems lists Arizona among the "Tort States." Ariz. Rev. Stat. § 28-4009; Alabama Department of Insurance, State Auto Insurance Laws |
| Arkansas | Arkansas is an at-fault (tort) state in which personal injury protection is offered: liability insurance pays claims by people injured in an accident for which the insured is legally liable, while the PIP benefits that insurers must include (unless rejected in writing) are paid without regard to fault. The Alabama Department of Insurance's national list places Arkansas among "Tort States Where Personal Injury Protection is Available/Required." Arkansas Insurance Department, Automobile Insurance brochure; Ark. Code Ann. § 23-89-202; Alabama Department of Insurance, State Auto Insurance Laws |
| California | California is an at-fault (tort) state. Liability coverage pays for injuries and damage the insured causes to others in accidents that are the insured's fault; when both drivers share fault, the police, insurers or courts decide each driver's percentage of responsibility (comparative negligence). Medical payments coverage, which pays regardless of fault, is optional. An insurer may surcharge a policyholder's premium at renewal only if the policyholder was at least 51% at fault. California Department of Insurance, Automobile Insurance guide |
| Colorado | Colorado is an at-fault (tort) state: required liability insurance covers bodily injury to another person or damage to another's property when the insured is at fault for an accident. Medical payments coverage ($5,000 unless rejected) pays the insured driver's and passengers' medical expenses regardless of fault. Colorado Legislative Council, Motor Vehicle Handbook (updated March 2024) |
| Connecticut | Connecticut uses the at-fault (tort) system: liability insurance pays for personal injury or property damage the insured causes to a third party, and does not cover the insured's own injuries or damage. The Alabama Department of Insurance's national list of state auto insurance systems lists Connecticut among the "Tort States." Connecticut DMV, Insurance compliance FAQs; Alabama Department of Insurance, State Auto Insurance Laws |
| Delaware | Delaware is an at-fault (tort) state that requires personal injury protection: every policy must include PIP benefits (at least $15,000 per person / $30,000 per accident) paid to injured occupants and pedestrians regardless of fault, and an injured person may not claim in a lawsuit against the at-fault driver the damages that PIP or the required property coverage pays for. PIP insurers can recover what they paid from the at-fault driver's liability insurer, and disputes between insurers go to arbitration. 21 Del. C. § 2118(a)(2), (g), (h) |
| District of Columbia | D.C. has a choice (optional no-fault) system. Liability insurance is mandatory, and insurers must offer optional personal injury protection (PIP) that pays regardless of fault: medical and rehabilitation benefits of at least $50,000 per victim (options of $50,000 and $100,000), work-loss benefits of at least $12,000 (options of $12,000 and $24,000), and funeral benefits up to $4,000. An injured person with PIP must tell the insurer within 60 days whether they elect PIP benefits. A victim who elects PIP may sue another driver only if the injury causes substantial permanent scarring or disfigurement, a substantial permanent impairment that significantly affects professional or usual daily activities, or an impairment preventing substantially all usual daily activities for more than 180 continuous days, or if medical or work-loss costs exceed the PIP benefits available. Survivors may still sue in death cases. If no election is made within 60 days, the liability coverage applies. D.C. Code §§ 31-2404, 31-2405 |
| Florida | Florida is a no-fault state. Each owner's required PIP coverage ($10,000) pays the insured's own injury costs regardless of fault. A person covered by Florida's no-fault security may sue another driver for pain, suffering, mental anguish and inconvenience only if the injury involves significant and permanent loss of an important bodily function; permanent injury within a reasonable degree of medical probability (other than scarring or disfigurement); significant and permanent scarring or disfigurement; or death. Fla. Stat. § 627.737; FLHSMV, Florida Insurance Requirements |
| Georgia | Georgia uses the at-fault (tort) system: required liability insurance pays damages to others when you are ruled at fault for an accident, and the basic coverages sold are bodily injury liability, property damage liability and uninsured motorist coverage. Medical payments coverage for your own injuries is optional. The Alabama Department of Insurance's national list also places Georgia among the "Tort States." Georgia OCI, Auto; Consumer Guide for Automobile Insurance |
| Hawaii | Hawaii is a no-fault state: each driver's insurer pays injury costs for the insured and passengers up to the PIP limit, regardless of fault, and the no-fault rules apply to injuries, not vehicle or property damage (the at-fault driver remains responsible for property damage). Tort liability for injuries is abolished except where the accident causes death, a significant permanent loss of use of a body part or function, a permanent and serious disfigurement causing mental or emotional suffering, or injuries for which PIP benefits incurred equal or exceed $5,000. In any bodily injury recovery, the award is reduced by $5,000 or the PIP benefits incurred, whichever is greater (the "covered loss deductible"). Haw. Rev. Stat. §§ 431:10C-306, 431:10C-301.5; Hawaii Insurance Division, Motor Vehicle Insurance Information |
| Idaho | Idaho is an at-fault (tort) state: the required coverage is liability insurance against loss resulting from liability imposed by law for injury, death or property damage caused by use of the vehicle. The Alabama Department of Insurance's national list places Idaho among the "Tort States." Idaho Code § 49-1229; Alabama Department of Insurance, State Auto Insurance Laws |
| Illinois | Illinois is an at-fault (tort) state: required auto liability insurance covers loss resulting from liability imposed by law for injury, death or property damage the insured causes. The Alabama Department of Insurance's national list places Illinois among the "Tort States." 625 ILCS 5/7-601; Alabama Department of Insurance, State Auto Insurance Laws |
| Indiana | Indiana is an at-fault (tort) state: bodily injury and property damage liability coverage pays, up to policy limits, for injuries and property damage you cause to others with your car, while medical payments coverage for your own injuries is optional. The Alabama Department of Insurance's national list places Indiana among the "Tort States." Indiana Department of Insurance, Auto Insurance; Alabama Department of Insurance, State Auto Insurance Laws |
| Iowa | Iowa is an at-fault (tort) state, not a no-fault state. The Alabama Department of Insurance's national list places Iowa among the "Tort States." Alabama Department of Insurance, State Auto Insurance Laws |
| Kansas | Kansas is a no-fault state. Every policy must include personal injury protection (PIP), which pays the injured person's own medical, lost-income and related benefits up to the required limits regardless of fault. An injured person may sue the at-fault driver for pain, suffering, mental anguish, inconvenience and other non-economic loss only if medical treatment has a reasonable value of $2,000 or more, or the injury involves permanent disfigurement, a fracture of a weight-bearing bone, a compound, comminuted, displaced or compressed fracture, loss of a body member, permanent injury, permanent loss of a bodily function, or death. K.S.A. 40-3107, 40-3117; Alabama Department of Insurance, State Auto Insurance Laws |
| Kentucky | Kentucky is a no-fault (choice) state. Basic personal injury protection (PIP) is required on all vehicles except motorcycles and pays up to $10,000 per person per accident for medical expenses, lost wages and similar costs regardless of fault. Unless a person has rejected the tort limitations, an injured person cannot recover medical expenses, wage loss, other expenses or pain and suffering from an at-fault party unless the injury meets a threshold: $1,000 in medical expenses, a broken bone, permanent disfigurement, permanent injury, or death. A driver may reject the tort limitations by filing a special written form with the Department of Insurance; the rejection stays in effect until the Department is notified in writing of a change, and if everyone in a household rejects, guest PIP must remain on the policy. An owner without insurance cannot collect basic PIP from any source. Kentucky Department of Insurance, No-Fault (Personal Injury Protection) |
| Louisiana | Louisiana is an at-fault (tort) state; the at-fault driver is responsible for damages. Under the "no pay, no play" rule, an owner or driver who did not carry the required liability coverage cannot recover the first $100,000 of bodily injury damages or the first $100,000 of property damage from an accident. The limit does not apply if the other driver is convicted of (or pleads no contest to) DWI from the accident, caused the accident intentionally, fled the scene, or was committing a felony at the time. La. R.S. 32:866 |
| Maine | Maine uses a fault-based system. Its required coverages include $2,000 of medical payments coverage rather than no-fault personal injury protection (PIP). Claims against another driver depend on who was responsible for the crash. The Bureau of Insurance explains that third-party losses are often paid based on comparative negligence, meaning damages may be reduced by the extent to which the injured person's own actions contributed to the accident. Maine Bureau of Insurance, Auto Claims FAQs; 29-A M.R.S. §1605 |
| Maryland | Maryland uses a fault-based system for liability claims, with an add-on of personal injury protection (PIP). PIP pays at least $2,500 regardless of fault for medical expenses, 85% of lost income, and essential household services within 3 years of an accident. PIP is included unless the first named insured makes an affirmative written waiver on the Commissioner's form after receiving notice of the coverage and its cost. Claims for damages beyond PIP are made against the at-fault driver's liability coverage. Md. Code, Ins. §§19-505, 19-506; Maryland Insurance Administration, A Consumer Guide to Auto Insurance |
| Massachusetts | Massachusetts is a no-fault state for injuries: every auto policy must provide personal injury protection (PIP) benefits, which are paid in place of damages otherwise recoverable in tort. Policyholders may choose a PIP deductible ($100 to $8,000) for themselves and household members. An injured person may sue for pain and suffering only if reasonable and necessary medical expenses exceed $2,000, or the injury causes death, loss of a body member, permanent and serious disfigurement, certain loss of sight or hearing, or a fracture. M.G.L. c. 90, §34M; M.G.L. c. 231, §6D |
| Michigan | Michigan is a no-fault state. For policies issued or renewed after July 1, 2020, the policyholder must choose a PIP medical coverage level on a state-approved form: unlimited, $500,000, $250,000, or $50,000 per person (the $50,000 option only for Medicaid enrollees whose household members have qualifying coverage); people with qualified health coverage may have other options. Tort liability is largely abolished for insured vehicles; an injured person can sue for noneconomic loss only for death, serious impairment of body function, or permanent serious disfigurement. A driver 50% or more at fault can also be sued for up to $3,000 of vehicle damage not covered by insurance (the "mini-tort," for accidents after July 1, 2020). MCL 500.3107c; MCL 500.3135 |
| Minnesota | Minnesota is a no-fault state. Each policy provides basic economic loss benefits (at least $20,000 medical and $20,000 for income loss and related losses per person) regardless of fault. An injured person may sue for noneconomic damages (such as pain and suffering) only if reasonable medical expenses exceed $4,000, or the injury results in permanent disfigurement, permanent injury, death, or disability for 60 days or more. Minn. Stat. §65B.51, subd. 3; §65B.44 |
| Mississippi | Mississippi uses a fault-based system: the at-fault driver's liability coverage pays for damage the driver causes to other people and their property, up to the policy limits, and the driver is responsible for damages above those limits. Coverage for your own medical bills and vehicle repairs requires purchasing other coverages. Mississippi Insurance Department, Auto Insurance |
| Missouri | Missouri uses a fault-based system: the driver at fault pays for damages through liability coverage. If you are at fault for an accident and do not pay for the damages, your driver's license and/or license plates will be suspended for one year unless you settle the loss and pay a $20 reinstatement fee. Missouri Department of Revenue, Insurance Information (citing RSMo §§303.030, 303.042) |
| Montana | Montana uses a fault-based system with modified comparative negligence (MCA 27-1-702): an injured party may recover damages only if less than 50% at fault, and the amount recovered is reduced in proportion to that party's own share of fault. For example, a driver found 20% at fault can collect 80% of their damages from the other driver. Montana Commissioner of Securities and Insurance (CSI), Auto Insurance FAQs |
| Nebraska | Nebraska uses a fault-based system: a driver who causes an accident is responsible for the resulting injuries and property damage, which liability coverage pays up to its limits. Uninsured/underinsured motorist coverage pays your bodily-injury costs if the at-fault driver has no or insufficient coverage. Nebraska Department of Insurance, Auto Insurance Guidebook |
| Nevada | Nevada is a fault-based (tort) state: the required auto insurance is "for the payment of tort liabilities arising from the maintenance or use of the motor vehicle," meaning the driver responsible for a crash is liable for the resulting injuries and damage. NRS 485.185 |
| New Hampshire | New Hampshire uses the at-fault (tort) system: the driver who causes a crash is responsible for the resulting injuries and damage, paid through liability insurance. The Alabama Department of Insurance's national table of state auto insurance laws lists New Hampshire among the "Tort States." Alabama Department of Insurance, State Auto Insurance Laws (national table) |
| New Jersey | New Jersey is a no-fault state for injuries: PIP pays your own medical expenses no matter who caused the accident. With the Standard Policy you choose a lawsuit option. Under the Limitation on Lawsuit (limited right to sue) option, which the Basic Policy includes, you may sue the at-fault driver for pain and suffering only for loss of a body part, significant disfigurement or scarring, a displaced fracture, loss of a fetus, a permanent injury, or death; the No Limitation on Lawsuit option keeps the right to sue for any injury. Fault for property damage and other liability claims is apportioned among drivers under the Comparative Negligence Act (N.J.S.A. 2A:15-5.2). NJ DOBI, Auto Insurance Buyer's Guide (2026); Everything Auto Insurance (2026) |
| New Mexico | New Mexico uses the at-fault (tort) system: the driver who causes a crash is responsible for the resulting injuries and damage, paid through liability insurance. The Alabama Department of Insurance's national table of state auto insurance laws lists New Mexico among the "Tort States." Alabama Department of Insurance, State Auto Insurance Laws (national table) |
| New York | New York is a no-fault state. Each policy pays "basic economic loss" (medical and related expenses, lost earnings and other costs) up to $50,000 per person regardless of fault. An injured person may sue another covered person for pain and suffering (non-economic loss) only for a "serious injury": death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ, member, function or system, permanent consequential limitation of use of a body organ or member, or significant limitation of use of a body function or system. N.Y. Ins. Law §§5102(a), (d), 5104(a) |
| North Carolina | North Carolina is an at-fault (tort) state: liability coverage pays, up to the policy limits, when you cause a crash that injures someone or damages their vehicle or property. The Alabama Department of Insurance's national list places North Carolina among the "Tort States." NC Department of Insurance, Automobile insurance: What's covered and what isn't; Alabama Department of Insurance, State Auto Insurance Laws |
| North Dakota | North Dakota is a no-fault state. Basic no-fault (PIP) benefits of $30,000 per person pay economic loss, such as medical expenses and work loss, regardless of fault, and no-fault coverage is primary. A secured person is exempt from liability for noneconomic loss (such as pain and suffering) unless the injury is a "serious injury": death, dismemberment, serious and permanent disfigurement, disability beyond 60 days, or medical expenses over $2,500. N.D. Cent. Code §§ 26.1-41-01(21), 26.1-41-08; North Dakota Insurance Department, Auto |
| Ohio | Ohio uses the at-fault (tort) system: the driver who causes a crash is responsible for the resulting injuries and damage, paid through liability insurance. The Alabama Department of Insurance's national table of state auto insurance laws lists Ohio among the "Tort States." Alabama Department of Insurance, State Auto Insurance Laws (national table) |
| Oklahoma | Oklahoma uses the at-fault (tort) system: the driver who causes a crash is responsible for the resulting injuries and damage, paid through liability insurance. The Alabama Department of Insurance's national table of state auto insurance laws lists Oklahoma among the "Tort States." Alabama Department of Insurance, State Auto Insurance Laws (national table) |
| Oregon | Oregon uses the at-fault (tort) system, with personal injury protection (PIP) available or required. The Alabama Department of Insurance's national table of state auto insurance laws lists Oregon among the "Tort States Where Personal Injury Protection is Available/Required." Every Oregon auto liability policy must include personal injury protection (PIP) benefits, which pay reasonable medical and related expenses incurred within two years of the injury up to $15,000 per person, plus 70% of lost income if disability lasts at least 14 days, and other listed benefits. Or. Rev. Stat. §§ 742.520, 742.524 |
| Pennsylvania | Pennsylvania uses a choice system. Required medical benefits pay medical bills for you and others covered by your policy regardless of fault. You choose between full tort and limited tort: limited tort gives significant premium savings, but you cannot recover certain damages, such as pain and suffering, unless the injury meets one of the exceptions in the law; full tort keeps unrestricted rights to sue. If you do not specifically elect limited tort, you are deemed to have chosen full tort. Pennsylvania Insurance Department, Auto Insurance Guide |
| Rhode Island | Rhode Island uses the at-fault (tort) system: the driver who causes a crash is responsible for the resulting injuries and damage, paid through liability insurance. The Alabama Department of Insurance's national table of state auto insurance laws lists Rhode Island among the "Tort States." Alabama Department of Insurance, State Auto Insurance Laws (national table) |
| South Carolina | South Carolina uses a tort (at-fault) system. The basic coverages are bodily injury liability, property damage liability and uninsured motorist coverage; bodily injury claims against an at-fault driver may include medical expenses, lost wages, and pain and suffering. SC Department of Insurance, Automobile Insurance |
| South Dakota | South Dakota uses the at-fault (tort) system, with personal injury protection (PIP) available or required. The Alabama Department of Insurance's national table of state auto insurance laws lists South Dakota among the "Tort States Where Personal Injury Protection is Available/Required." Alabama Department of Insurance, State Auto Insurance Laws (national table) |
| Tennessee | Tennessee uses the at-fault (tort) system: the driver who causes a crash is responsible for the resulting injuries and damage, paid through liability insurance. The Alabama Department of Insurance's national table of state auto insurance laws lists Tennessee among the "Tort States." Alabama Department of Insurance, State Auto Insurance Laws (national table) |
| Texas | Texas uses the at-fault (tort) system, with personal injury protection (PIP) available or required. The Alabama Department of Insurance's national table of state auto insurance laws lists Texas among the "Tort States Where Personal Injury Protection is Available/Required." Texas law requires drivers to show proof they can pay for the accidents they cause, and liability insurance pays other people's car repair and medical bills when you are at fault. All Texas auto policies include personal injury protection (PIP), which pays your and your passengers' medical bills and lost wages, unless you reject it in writing. Texas Department of Insurance, Auto insurance guide |
| Utah | Utah is a no-fault (PIP) state. PIP pays at least $3,000 per person for medical expenses, the lesser of $250 a week or 85% of lost income for up to 52 weeks, and $20 a day for household services. A person who has or must have PIP coverage cannot sue for general damages (such as pain and suffering) unless the injury involves death, dismemberment, permanent disability or impairment based on objective findings, permanent disfigurement, a bone fracture, or medical expenses over $3,000. Utah Code §§ 31A-22-307, 31A-22-309 |
| Vermont | Vermont uses the at-fault (tort) system: the driver who causes a crash is responsible for the resulting injuries and damage, paid through liability insurance. The Alabama Department of Insurance's national table of state auto insurance laws lists Vermont among the "Tort States." Alabama Department of Insurance, State Auto Insurance Laws (national table) |
| Virginia | Virginia uses the at-fault (tort) system, with personal injury protection (PIP) available or required. The Alabama Department of Insurance's national table of state auto insurance laws lists Virginia among the "Tort States Where Personal Injury Protection is Available/Required." Alabama Department of Insurance, State Auto Insurance Laws (national table) |
| Washington | Washington uses the at-fault (tort) system: the driver who causes a crash is responsible for the resulting injuries and damage, paid through liability insurance. The Alabama Department of Insurance's national table of state auto insurance laws lists Washington among the "Tort States." Personal injury protection (PIP) is not mandatory in Washington, but insurers must offer it with every new or renewed auto liability policy; a named insured may reject it in writing, and the rejection carries over to renewals unless coverage is later requested in writing. Rev. Code Wash. § 48.22.085; Office of the Insurance Commissioner, Auto insurance |
| West Virginia | West Virginia uses the at-fault (tort) system: the driver who causes a crash is responsible for the resulting injuries and damage, paid through liability insurance. The Alabama Department of Insurance's national table of state auto insurance laws lists West Virginia among the "Tort States." Alabama Department of Insurance, State Auto Insurance Laws (national table) |
| Wisconsin | Wisconsin uses the at-fault (tort) system: the driver who causes a crash is responsible for the resulting injuries and damage, paid through liability insurance. The Alabama Department of Insurance's national table of state auto insurance laws lists Wisconsin among the "Tort States." Alabama Department of Insurance, State Auto Insurance Laws (national table) |
| Wyoming | Wyoming uses the at-fault (tort) system: the driver who causes a crash is responsible for the resulting injuries and damage, paid through liability insurance. The Alabama Department of Insurance's national table of state auto insurance laws lists Wyoming among the "Tort States." Alabama Department of Insurance, State Auto Insurance Laws (national table) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.