No-Fault States and Thresholds to Sue

The 12 no-fault car insurance states, the PIP coverage drivers must carry, and the threshold an injury must meet before you can sue the at-fault driver for pain and suffering.

Updated Oct 12, 2026How we calculate

State	Type	PIP coverage	To sue for pain and suffering you need	Source
Florida	No-fault	$10,000	A permanent injury, significant and permanent scarring or disfigurement, or death	Fla. Stat. § 627.737
Hawaii	No-fault	$10,000	Medical bills above $5,000, or death, significant permanent loss of a bodily function or permanent and serious disfigurement	Haw. Rev. Stat. § 431:10C-306
Kansas	No-fault	$4,500 for medical bills, plus income, rehabilitation and other benefits	$2,000 in medical bills, or a permanent injury, fracture, permanent disfigurement or death	Kan. Stat. § 40-3117
Kentucky	Choice no-fault	$10,000	$1,000 in medical bills, or a fracture, permanent injury, permanent disfigurement or deathDrivers who reject the no-fault limitation in writing keep the right to sue for any injury.	Ky. Rev. Stat. § 304.39-060
Massachusetts	No-fault	$8,000	$2,000 in reasonable medical bills, or a fracture, permanent and serious disfigurement, loss of sight or hearing, or death	Mass. Gen. Laws ch. 231, § 6D
Michigan	No-fault	A PIP medical level you choose: unlimited, $500,000, $250,000, or $50,000 for Medicaid enrollees	Death, serious impairment of a body function or permanent serious disfigurement	Mich. Comp. Laws § 500.3135
Minnesota	No-fault	$40,000: $20,000 for medical bills and $20,000 for income and other losses	$4,000 in medical bills (not counting diagnostic X-rays and rehabilitation), or 60 days of disability, a permanent injury or disfigurement, or death	Minn. Stat. § 65B.51
New Jersey	Choice no-fault	$15,000	A permanent injury, displaced fracture, significant disfigurement or scarring, loss of a fetus, or deathThis applies to drivers with the “limitation on lawsuit” option. With the “no limitation” option you can sue for any injury.	N.J. Stat. § 39:6A-8
New York	No-fault	$50,000	A “serious injury”, such as a fracture, significant disfigurement, a permanent or significant limitation, or an injury that kept you from your usual activities for 90 of the first 180 days	N.Y. Ins. Law § 5102(d)
North Dakota	No-fault	$30,000	$2,500 in medical bills, or a serious injury such as a fracture, permanent disability, disfigurement or 60 days of disability	N.D. Cent. Code § 26.1-41-08
Pennsylvania	Choice no-fault	$5,000 of first-party medical benefits	A serious injury: death, serious impairment of a body function or permanent serious disfigurementThis applies to drivers who chose “limited tort”. Drivers with “full tort” can sue for any injury.	75 Pa. Cons. Stat. § 1705
Utah	No-fault	$3,000	$3,000 in medical bills, or a fracture, permanent disability or impairment, permanent disfigurement, dismemberment or death	Utah Code § 31A-22-309

At-fault states (39): Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Idaho, Illinois, Indiana, Iowa, Louisiana, Maine, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

Last reviewed October 2026. Rules change: check the statute or ask a lawyer licensed in the state before relying on any row. Data feed: JSON.

What no-fault means

In a no-fault state, your own personal injury protection (PIP) pays your medical bills and part of your lost income after a crash, whoever caused it. You can step outside the system and sue the at-fault driver only when your injury meets the state’s threshold.

Monetary and verbal thresholds

A monetary threshold is met when reasonable medical bills pass a set amount. A verbal threshold requires a serious injury as the law defines it, such as a fracture, permanent injury or significant disfigurement.

Choice states

In Kentucky, New Jersey and Pennsylvania, drivers can choose a policy that keeps their full right to sue, usually for a higher premium. Your choice is on your policy’s declarations page.

Property damage is not no-fault

No-fault rules cover injuries only. Vehicle damage is still claimed against the at-fault driver’s property damage liability coverage, except in Michigan, where limited property protection applies.

Estimate benefits with the no-fault and PIP calculator.