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Direct answer: Twelve states are no-fault for car insurance as of Oct. 18, 2026: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah. Your own PIP pays your injuries first, and suing for pain and suffering is limited. Tennessee and the rest are at-fault.
By the numbers: No-fault car insurance, read from state laws Oct. 18, 2026: 12 no-fault states; dollar lawsuit thresholds range from over $1,000 (Kentucky) to $5,000 (Hawaii); required PIP ranges from $3,000 (Utah) to $50,000 (New York); Michigan drivers pick $250,000, $500,000 or no limit (or $50,000 with Medicaid). Source: VaultRubric from state statutes
“Twelve states and Puerto Rico have no-fault auto insurance laws.” — Triple-I, Background on: No-fault auto insurance
Updated 2026-10-18
Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah. In Kentucky, New Jersey and Pennsylvania you can choose to keep your full right to sue (choice no-fault).
No. Tennessee is an at-fault (tort) state. The driver who causes a crash is responsible for the damage, Tennessee's minimum is 25/50/25 liability, and there's no state limit on suing for pain and suffering. Texas and Georgia are also at-fault.
Your own personal injury protection (PIP) pays your medical bills and some lost income after a crash, no matter who caused it. In exchange, you can sue the other driver for pain and suffering only if your injury passes the state's threshold.
When the injury passes the state's threshold. Seven states use a dollar threshold for medical bills (Kentucky over $1,000, Kansas $2,000 or more, Massachusetts over $2,000, North Dakota over $2,500, Utah over $3,000, Minnesota over $4,000, Hawaii $5,000 or more in PIP benefits) or a listed serious injury; Florida, Michigan, New Jersey, New York and Pennsylvania use injury types only.
It's set by each state: Utah at least $3,000, Pennsylvania $5,000 medical, Massachusetts $8,000, Florida, Hawaii and Kentucky $10,000, New Jersey as low as $15,000, North Dakota $30,000, Minnesota $40,000, New York $50,000, Kansas $4,500 medical plus other benefits, and Michigan lets you pick $250,000, $500,000 or no limit.
Texas is an at-fault state, but every Texas auto policy includes $2,500 of personal injury protection unless you reject it in writing (Tex. Ins. Code §§ 1952.152-.153). PIP pays your own medical bills and lost income no matter who caused the crash, and it doesn't limit lawsuits.
Delaware (at least $15,000 per person) and Oregon ($15,000 medical) require it. Arkansas ($5,000 medical), Maryland ($2,500) and Texas ($2,500) include it unless you reject it in writing. Washington ($10,000 medical) and South Dakota ($2,000 medical) make insurers offer it. None of them limit lawsuits.
Yes. Florida's 2026 statutes still require $10,000 of PIP (medical and disability) plus $5,000 in death benefits, and limit pain-and-suffering suits to permanent injuries, significant scarring or death (Fla. Stat. §§ 627.736, 627.737, read Oct. 18, 2026).
No-fault PIP amounts and lawsuit thresholds read from the 12 no-fault states' laws and insurance departments, plus PIP rules in 7 add-on states (AR, DE, MD, OR, SD, TX, WA); checked Oct. 18, 2026.
As of Oct. 18, 2026 · read from state laws · 50 states + DC · car insurance
12 states are no-fault: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, Utah. There, your own PIP pays your injury costs first, and you can sue the other driver for pain and suffering only past a threshold. Tennessee and every other state are at-fault: the driver who caused the crash pays, with no state limit on suing.
The math:
Sources: Check your state · The 12 states · Sources
A best fit for the situation described, not financial advice or a buy/sell recommendation. Partner links never change a pick.
Pick your state. In a state with a dollar threshold, add your medical bills from the crash to see if they pass it.
Read on Oct. 18, 2026 from each state's law or insurance department (linked in each row). Dollar thresholds count medical bills (Hawaii counts PIP benefits incurred); an injury on the listed list also opens the door. Puerto Rico also has a no-fault law and is not covered here.
| State | PIP you must carry | Threshold | When you can sue for pain and suffering | Law |
|---|---|---|---|---|
| Florida | $10,000 in medical and disability benefits plus $5,000 in death benefits per person; medical care is capped at $2,500 unless a doctor finds an emergency medical condition. | Verbal | You can sue for pain and suffering only for significant and permanent loss of an important bodily function, permanent injury (other than scarring), significant and permanent scarring or disfigurement, or death. | Fla. Stat. §§ 627.736, 627.737 Fla. Stat. § 627.736 (2026) Fla. Stat. § 627.737 (2026) |
| Hawaii | $10,000 per person (aggregate limit). | $5,000 | You keep the right to sue if your PIP benefits incurred reach $5,000, or for death, a significant permanent loss of use of a body part or function, or permanent and serious disfigurement. | HRS §§ 431:10C-103.5, 431:10C-306 HRS § 431:10C-103.5 HRS § 431:10C-306 |
| Kansas | At least $4,500 medical, $4,500 rehabilitation, $900 a month in lost income for up to one year, and $2,000 funeral. | $2,000 | You can sue for pain and suffering if medical treatment is worth $2,000 or more, or for permanent disfigurement, a fracture to 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. 40-3103, 40-3117 K.S.A. 40-3103 K.S.A. 40-3117 |
| Kentucky choice no-fault | $10,000 per person (basic reparation benefits). | $1,000 | You can sue for pain and suffering if medical expenses exceed $1,000, or for permanent disfigurement, a bone fracture, loss of a body member, permanent injury, permanent loss of bodily function, or death. Choice: you can reject the lawsuit limit by filing the state's form with the Department of Insurance before an accident. Then you keep your full right to sue (and can be sued), but you can't get basic no-fault benefits. | KRS 304.39-060; Ky. DOI rejection form Kentucky Dept. of Insurance No-Fault Rejection Form KRS 304.39-060 |
| Massachusetts | At least $8,000 per person. | $2,000 | You can sue for pain and suffering if medical expenses are more than $2,000, or for death, loss of a body member, permanent and serious disfigurement, certain loss of sight or hearing, or a fracture. | M.G.L. c. 90 § 34A; c. 231 § 6D M.G.L. c. 90 § 34A M.G.L. c. 231 § 6D |
| Michigan | You pick a PIP medical limit: $250,000, $500,000 or no limit; $50,000 only if you're on Medicaid and your household has other coverage. | Verbal | You can sue for pain and suffering only for death, serious impairment of body function, or permanent serious disfigurement. | MCL 500.3107c, 500.3135 MCL 500.3107c MCL 500.3135 |
| Minnesota | $40,000 per person: $20,000 medical plus $20,000 for lost income, replacement services and other losses. | $4,000 | You can sue for pain and suffering if medical expenses exceed $4,000, or for permanent disfigurement, permanent injury, death, or disability of 60 days or more. | Minn. Stat. §§ 65B.44, 65B.51 Minn. Stat. § 65B.44 Minn. Stat. § 65B.51 |
| New Jersey choice no-fault | Standard policy: as low as $15,000 (the standard limit is $250,000); Basic policy: $15,000. Up to $250,000 for certain serious injuries either way. | Verbal | With the Limited Right to Sue option you can sue for pain and suffering only for loss of a body part, significant disfigurement or scarring, a displaced fracture, loss of a fetus, permanent injury, or death. Choice: on a Standard policy you pick Limited or Unlimited Right to Sue. The Basic policy includes the limited option, and the limit applies by law if you make no choice. | NJ DOBI Buyer's Guide (2026); N.J.S.A. 39:6A NJ DOBI: Standard Auto Insurance Policy NJ DOBI Auto Insurance Buyer's Guide (2026) |
| New York | $50,000 per person (basic economic loss). | Verbal | You can sue for pain and suffering 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, or a permanent consequential or significant limitation of use. | N.Y. Ins. Law §§ 5102, 5104 N.Y. Ins. Law § 5102 N.Y. Ins. Law § 5104 |
| North Dakota | $30,000 per person (basic no-fault benefits). | $2,500 | You can sue for pain and suffering for a "serious injury": medical expenses over $2,500, or death, dismemberment, serious and permanent disfigurement, or disability beyond 60 days. | N.D.C.C. ch. 26.1-41 N.D.C.C. ch. 26.1-41 |
| Pennsylvania choice no-fault | $5,000 in medical benefits. | Verbal | With limited tort you can recover medical and other out-of-pocket costs, but not pain and suffering unless the injury is a "serious injury" (or another listed exception applies). Choice: you pick limited tort or full tort. If you don't pick limited tort, you're treated as choosing full tort, which keeps your full right to sue. | 75 Pa.C.S. §§ 1705, 1711 75 Pa.C.S. § 1711 75 Pa.C.S. § 1705 Pa. Insurance Dept. auto insurance guide |
| Utah | At least $3,000 per person for medical costs, plus lost-income, $1,500 funeral and $3,000 death benefits. | $3,000 | You can sue for pain and suffering if medical expenses are over $3,000, or for death, dismemberment, permanent disability or impairment, permanent disfigurement, or a bone fracture. | Utah Code §§ 31A-22-307, 31A-22-309 Utah Code § 31A-22-307 Utah Code § 31A-22-309 |
The other 38 states and D.C. use the at-fault system: 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. The at-fault driver's liability insurance pays, and there's no state limit on suing for pain and suffering. Some of these states still require or offer PIP ("add-on" states, below); for the rest, check your state's minimum coverage.
In an add-on state, your own insurer pays PIP benefits like in a no-fault state, but there are no limits on suing (Triple-I). We read the laws of 7 at-fault states with a PIP rule on Oct. 18, 2026: required in Delaware and Oregon; included unless you reject it in writing in Arkansas, Maryland and Texas; insurers must offer it in South Dakota and Washington.
| State | PIP rule | Minimum PIP | Law |
|---|---|---|---|
| Arkansas | Included unless you reject it in writing | $5,000 medical per person (within 24 months), 70% of lost income up to $140 a week for up to 52 weeks, plus a death benefit. | Ark. Code §§ 23-89-202, 23-89-203 Ark. Code § 23-89-202 (2025, Justia copy) Ark. Code § 23-89-203 (2025, Justia copy) |
| Delaware | Required | At least $15,000 per person and $30,000 per crash. | 21 Del. C. § 2118 21 Del. C. § 2118 |
| Maryland | Included unless you reject it in writing | $2,500 for medical bills, 85% of lost income and household services (within 3 years). | Md. Code, Ins. §§ 19-505, 19-506 Md. Code, Ins. § 19-505 Md. Code, Ins. § 19-506 |
| Oregon | Required | $15,000 for medical bills (within 2 years), plus lost income and other benefits. | ORS 742.520, 742.524 ORS 742.520, 742.524 |
| South Dakota | Insurer must offer it; you can decline | At least $2,000 medical, a $10,000 death benefit and $60 a week disability (supplemental coverage the insurer must make available). | SDCL 58-23-7, 58-23-8 SDCL 58-23-7 SDCL 58-23-8 |
| Texas | Included unless you reject it in writing | $2,500 per person for all benefits combined. | Tex. Ins. Code §§ 1952.152, 1952.153 Tex. Ins. Code §§ 1952.152-.153 |
| Washington | Insurer must offer it; you can decline | $10,000 medical, $2,000 funeral, $10,000 lost income (up to $200 a week) and $5,000 loss of services. | RCW 48.22.085, 48.22.095 RCW 48.22.085 RCW 48.22.095 |
Other lists also call D.C., New Hampshire, Virginia or Wisconsin add-on (they have medical payments or other first-party options); we didn't read those laws for this table, so they aren't listed. Rejecting PIP in Texas, Arkansas or Maryland usually takes a signed form; ask your insurer what your policy shows.
How we built this: we started from Triple-I's list of no-fault states (12 states + Puerto Rico; verbal thresholds in FL, MI, NJ, NY, PA; dollar thresholds in the other seven), read each state's current law or insurance department page on Oct. 18, 2026, saved a copy with a checksum, and our build checks that every quoted rule appears in that saved text (51 quotes for the no-fault states, 25 for the add-on states) and that the check above uses each state's exact wording ("exceed" vs "or more"). Thresholds are simplified for a quick check; courts decide close cases.
Facts, not legal advice or a quote. We don't sell insurance or show prices. If you were hurt in a crash, deadlines apply; talk to your insurer or a lawyer licensed in your state.
Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah. In Kentucky, New Jersey and Pennsylvania you can choose to keep your full right to sue (choice no-fault).
No. Tennessee is an at-fault (tort) state. The driver who causes a crash is responsible for the damage, Tennessee's minimum is 25/50/25 liability, and there's no state limit on suing for pain and suffering. Texas and Georgia are also at-fault.
Your own personal injury protection (PIP) pays your medical bills and some lost income after a crash, no matter who caused it. In exchange, you can sue the other driver for pain and suffering only if your injury passes the state's threshold.
When the injury passes the state's threshold. Seven states use a dollar threshold for medical bills (Kentucky over $1,000, Kansas $2,000 or more, Massachusetts over $2,000, North Dakota over $2,500, Utah over $3,000, Minnesota over $4,000, Hawaii $5,000 or more in PIP benefits) or a listed serious injury; Florida, Michigan, New Jersey, New York and Pennsylvania use injury types only.
It's set by each state: Utah at least $3,000, Pennsylvania $5,000 medical, Massachusetts $8,000, Florida, Hawaii and Kentucky $10,000, New Jersey as low as $15,000, North Dakota $30,000, Minnesota $40,000, New York $50,000, Kansas $4,500 medical plus other benefits, and Michigan lets you pick $250,000, $500,000 or no limit.
Texas is an at-fault state, but every Texas auto policy includes $2,500 of personal injury protection unless you reject it in writing (Tex. Ins. Code §§ 1952.152-.153). PIP pays your own medical bills and lost income no matter who caused the crash, and it doesn't limit lawsuits.
Delaware (at least $15,000 per person) and Oregon ($15,000 medical) require it. Arkansas ($5,000 medical), Maryland ($2,500) and Texas ($2,500) include it unless you reject it in writing. Washington ($10,000 medical) and South Dakota ($2,000 medical) make insurers offer it. None of them limit lawsuits.
Yes. Florida's 2026 statutes still require $10,000 of PIP (medical and disability) plus $5,000 in death benefits, and limit pain-and-suffering suits to permanent injuries, significant scarring or death (Fla. Stat. §§ 627.736, 627.737, read Oct. 18, 2026).
Facts, not insurance advice. We don't sell insurance or provide quotes; confirm coverage and requirements with the insurer, an agent or your state insurance department.
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