Home > Auto Accident > Filing a claim in “no fault insurance states”

Filing a Claim in “No Fault Insurance” States

Ready to file a claim ?

See if you’re eligible for an auto injury lawsuit.

What is no fault insurance?

No fault insurance, also commonly referred to as personal injury protection (PIP), is a form of auto insurance used in certain states that covers the policy owner’s medical expenses and lost wages after a collision. With no fault insurance, drivers must file a claim with their own insurance companies to receive a payout for medical bills, no matter who was responsible for the collision. Even if the other driver was completely at fault, those living in a no fault state are not permitted to file a claim for medical expenses with the other party’s insurance company.

However, that doesn’t mean that the at fault driver won’t have to pay any damages. Even in no fault states, the at-fault driver’s insurance is required to pay for any property damage the other person’s vehicle sustained.

Which states require no fault insurance?

12 states use the no fault system and require drivers to enroll in PIP coverage:

Florida
Hawaii
Kansas
Kentucky*
Massachusetts
Michigan
Minnesota
New Jersey*
New York
North Dakota
Pennsylvania*
Utah

*These states use the no fault system by default, but drivers have the option to choose between an at fault or a no fault PIP insurance plan.

Which other states include a personal injury protection plan?

And in these at fault states, drivers are able to add PIP benefits to their insurance plans. These benefits are optional for all but three of the states listed below.

Arkansas
Delaware*
District of Columbia**
Maryland*
New Hampshire
Oregon*
South Dakota
Texas
Virginia
Washington

*In these at fault states, drivers are still required to enroll in personal injury protection (PIP) coverage.

**If you bought PIP in Washington, D.C., you have 60 days after the accident to either file a claim against the other driver or choose no fault coverage.

Can I sue the other driver if I live in a no fault state?

It’s much harder to sue the other driver in a no fault state rather than an at fault state, but it can still be done in certain circumstances. Plaintiffs who win a case in a no fault state are entitled to both general and special damages, including medical expenses, lost wages, pain and suffering, and other forms of compensation.

In a no-fault state, the only way a driver can sue following an accident is by sustaining a “serious injury.” Most no fault states have implemented an injury severity threshold, and, in those states, drivers whose injuries are considered “serious” by state law will be able to file a lawsuit against the other driver. The level of severity required to meet the threshold somewhat varies in each no fault state, though a “serious injury” can be generally (but not always) defined to include one or more of these symptoms:

Significant or permanent loss of a major bodily function
Permanent disfigurement or scarring
Significant bone fractures
Loss of a body part
Loss of a fetus or unborn child
An injury exceeding the “serious injury” threshold (varies by state)
Death (a loved one would file the lawsuit on the driver’s behalf)

File an auto accident lawsuit

If you or a close family member got hurt in a car accident, you may be eligible to file a claim against the other driver and get compensated for your injuries.

Ready to file a claim ?

See if you’re eligible for an auto injury lawsuit.

Referenced Articles

The references used by our writers at FreeLegalReviews.com are deemed to be from credible and reputable sources, including peer-reviewed studies, court records, non-profit organizations, government agencies, highly regarded news media, and legal subject experts. Before making any medical or financial decisions, please seek the opinion of a qualified professional.