All Laws Decoded

What Is No-Fault Car Insurance?

In a no-fault system, your own policy's personal injury protection (PIP) pays your medical bills and some other losses after a crash, no matter who caused it. In exchange, no-fault states limit when you can sue the at-fault driver for pain and suffering, usually only for serious or permanent injuries. Some states, such as New Jersey and Pennsylvania, let drivers choose whether to accept that lawsuit limit for a lower premium. PIP covers injuries; damage to vehicles is handled by other coverages.

What the law says

FAQ

What does PIP pay for?
It depends on the state. In New York, required PIP covers medical expenses and lost earnings for the driver, passengers, and pedestrians struck by your car, up to $50,000 per person.
Can I sue the other driver in a no-fault state?
Usually only if the injury is serious enough. In New York, you may sue the driver who caused the accident if you sustain a "serious injury" as defined in state insurance law.
What is a "choice" no-fault state?
Some states let you choose your lawsuit rights. In New Jersey, Standard Policy holders choose between an Unlimited Right to Sue and a Limited Right to Sue; the limited option costs less but restricts lawsuits for pain and suffering.
Does choosing a limited right to sue affect my medical bills?
No. New Jersey says the lawsuit options only affect suits for pain and suffering (non-economic losses); medical expenses and some economic losses are paid up to your PIP limits regardless of the choice.
Does no-fault insurance pay for damage to my car?
PIP covers injuries. Florida, for example, requires both $10,000 in PIP and a separate $10,000 in property damage liability coverage.
Which states are no-fault states?
The Alabama Department of Insurance lists Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah as no-fault states.

Related

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.