At-fault and no-fault insurance laws dictate how car insurance claims are handled after an accident. In the United States, there are three types of insurance laws related to fault in auto accidents:
Whether you live in an at-fault or no-fault state significantly affects your ability to make a personal injury claim. In at-fault states, you may pursue compensation by filing a claim against the at-fault driver’s insurance or by suing the driver directly for expenses that exceed your own insurance coverage. This can potentially provide a higher payout but often requires proving the other driver’s liability.
In no-fault states, your ability to sue for personal injury is generally restricted; you can typically only step outside the no-fault system if the injuries meet a certain severity threshold, such as significant medical expenses or permanent disability. This streamlined approach can expedite claims and reduce the need for legal battles, but it may also limit the compensation available for severe injuries.
Below, you will find a list of all 50 states and the District of Columbia, along with their corresponding fault insurance laws and systems. Further, you will find a link substantiating each fault insurance law.
| State | Fault or No-Fault State | Personal Injury Protection (PIP) | Minimum Insurance Requirements |
| Alabama | At-Fault | Not Available | $25,000 bodily injury/person/accident, $50,000 combined bodily injury/accident, $25,000 property damage/accident or a combined single limit of $75,000/accident. This is known as a 25/50/25 policy, and will be shown as such below for other states. |
| Alaska | At-Fault | Not Available | 50/100/25 |
| Arizona | At-Fault | Not Available | 25/50/15 |
| Arkansas | At-Fault | Optional ($5,000 per person) | 25/50/25 |
| California | At-Fault | Not Available | 15/30/5 |
| Colorado | At-Fault | Not Available | 25/50/15 |
| Connecticut | At-Fault | Not Available | 25/50/25 + Uninsured/underinsured motorist coverage (UM/UIM) of 25/50 |
| Delaware | At-Fault | Required ($15,000 per person/$30,000 for all persons) | 25/50/10 + PIP |
| District of Columbia | At-Fault | Optional ($50,000 per person) | 25/50/10 + UM/UIM of 25/50/5 |
| Florida | No-Fault | Required ($10,000) | $10,000 in PIP and $10,000 in property damage |
| Georgia | At-Fault | Optional | 25/50/25 |
| Hawaii | No-Fault | Required ($10,000 per person) | 20/40/10 + PIP |
| Idaho | At-Fault | Not Available | 25/50/15 |
| Illinois | At-Fault | Optional ($1,500 per person) | 25/50/20 + UM of 25/50 (but not UIM) |
| Indiana | At-Fault | Not Available | 25/50/25 |
| Iowa | At-Fault | Not Available | 20/40/15 |
| Kansas | No-Fault | Required ($4,500 per person for medical costs; $900 per month for 1 year for disability and loss of income; $25 per day for in-home services; $2,000 for funeral, burial, or cremation costs; $4,500 for rehabilitation; survivor benefits of $900 per month for 1 year for disability and loss of income and $25 per day for in-home services) | 25/50/25 + PIP + UM/UIM of 25/50 |
| Kentucky | Choice No-Fault | Required ($10,000 per person) | 25/50/25 or a single limit $60,000 policy + PIP |
| Louisiana | At-Fault | Not Available | 15/30/25 |
| Maine | At-Fault | Not Available | 50/100/25 or a combined single limit $125,000 policy + Medical Payments (MedPay) of $2,000 + UM/UIM of 50/100 |
| Maryland | At-Fault | Optional ($2,500 per person) | 30/60/15 +UM/UIM of 30/60/15 |
| Massachusetts | No-Fault | Required ($8,000 per person) | 20/40/5 + PIP + UM of 20/40 (but not UIM) |
| Michigan | No-Fault | Required ($250,000 per accident; $50,000 for some Medicaid enrollees) | 50/100/10 + PIP + $1,000,000 in Property Protection Coverage (PPI) |
| Minnesota | No-Fault | Required ($40,000 consisting of $20,000 for medical expenses and $20,000 for loss of income) | 30/60/10 + PIP + UM/UIM of 25/50 |
| Mississippi | At-Fault | Not Available | 25/50/25 |
| Missouri | At-Fault | Not Available | 25/50/25 + UM of 25/50 (but not UIM) |
| Montana | At-Fault | Not Available | 25/50/20 |
| Nebraska | At-Fault | Not Available | 25/50/25 + UM/UIM of 25/50 |
| Nevada | At-Fault | Not Available | 25/50/20 |
| New Hampshire | At-Fault | Not Available | Auto insurance is not required, though you have to proof of financial responsibility to drive without coverage. If you choose to have coverage, 25/50/25 + MedPay of $1,000 + UM/UIM of 25/50/25 |
| New Jersey | Choice No-Fault | Required ($15,000 per person; Up to $250,000 for severe/permanent injury) | 25/50/25 + PIP + UM/UIM of 25/50/25 |
| New Mexico | At-Fault | Not Available | 25/50/10 |
| New York | No-Fault | Required ($50,000 per person, $2,000/month for up to three years for lost income, $25/day for one year for necessary expenses, $2,000 death benefit) | 25/50/10; 50/100/10 (if death) + PIP + UM of 25/50 (but not UIM) |
| North Carolina | At-Fault | Not Available | 30/60/25 (increasing to 50/100/50 for policies issued in 2025) + UM of 30/50/25 (but not UIM) |
| North Dakota | No-Fault | Required ($30,000 per person) | 25/50/25 + PIP + UM/UIM of 25/50 |
| Ohio | At-Fault | Not Available | 25/50/25 |
| Oklahoma | At-Fault | Not Available | 25/50/25 |
| Oregon | At-Fault | Required ($15,000 per person) | 25/50/20 + PIP + UM of 25/50 (but not UIM) |
| Pennsylvania | Choice No-Fault | Medical Benefits Required ($5,000) | 15/30/5 |
| Rhode Island | At-Fault | Not Available | 25/50/25 |
| South Carolina | At-Fault | Not Available | 25/50/25 + UM of 25/50/25 (but not UIM) |
| South Dakota | At-Fault | Optional | 25/50/25 + UM/UIM of 25/50 |
| Tennessee | At-Fault | Not Available | 25/50/25 |
| Texas | At-Fault | Optional ($2,500 per person) | 30/60/25 |
| Utah | No-Fault | Required ($3,000 per person) | 25/65/15 (increasing to 30/65/25 for policies issued in 2025) + PIP |
| Vermont | At-Fault | Not Available | 25/50/10 + UM/UIM of 50/100/10 |
| Virginia | At-Fault | Optional ($2,000 per person) | Auto insurance is not required, though you have to pay an uninsured motor vehicle fee of $500 to drive without coverage. If you choose to have coverage, 30/60/20 (increasing to 50/100/25 for policies issued in 2025) + UM/UIM of 25/50/20 |
| Washington | At-Fault | Optional ($10,000 per accident) | 25/50/10 |
| West Virginia | At-Fault | Not Available | 25/50/25 + UM of 25/50 (but not UIM) |
| Wisconsin | At-Fault | Not Available | 25/50/10 + UM of 25/50 (but not UIM) |
| Wyoming | At-Fault | Not Available | 25/50/20 |
No-fault states require personal injury protections (PIP) to streamline the claim process and ensure that accident victims receive immediate financial assistance for medical expenses and other related costs. By mandating PIP, these states aim to reduce the reliance on the court system to resolve accident claims, thereby decreasing legal fees, court costs, and the duration of disputes.
This coverage helps to manage out-of-pocket expenses quickly without the need for proving fault, which can often be a contentious and protracted process. Additionally, PIP coverage fosters a more efficient insurance system by minimizing the administrative delays associated with determining liability. Hence, it plays a crucial role in providing prompt and equitable compensation, promoting the overall well-being and financial stability of all parties involved in an accident.
In the 12 no-fault insurance law states, Personal Injury Protection (PIP) coverage is mandatory to ensure that each party’s medical costs and related expenses are covered regardless of fault. The following states operate under no-fault insurance systems (with * denoting it is a choice state):
The 3 choice no-fault insurance law states are:
The District of Columbia and 38 remaining states have at-fault insurance laws:
Navigating the complexities of fault and no-fault insurance laws is essential for understanding your rights and obligations as a driver. Both systems have their unique advantages and challenges. Fault states typically allow for larger compensations through the legal process but require proving liability, which can be time-consuming and contentious. Conversely, no-fault states prioritize swift payouts for medical expenses through mandatory PIP coverage, aiming to reduce litigation and expedite recovery. However, this can sometimes limit compensation for more severe injuries unless certain conditions are met.
Given these variations, it’s important for drivers to be well-informed about the specific regulations in their state and to choose insurance coverage that best fits their needs and risk tolerance. Consulting with an insurance professional can provide additional insights and help tailor a policy that offers adequate protection. Ultimately, whether in a fault or no-fault state, understanding the nuances of your auto insurance system can substantially impact your financial and legal outcomes following an accident.
Thompson Law receives an attorney fee and you pay no legal fees as our client unless we pay you. Thompson Law has 350 years of combined experience in legal representation and has won over $1.8 billion dollars in cash settlements for our clients. We master the art of managing client cases with empathy, compassion, respect and, of course, prodigious skill. Contact us today for a free, risk-free consultation to discuss your accident and your options.
State law limits the time you have to file a claim after an auto accident. If you have been injured in an accident, call now to get the help you need.
