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No-Fault vs At-Fault States
Whether you sue the other driver or turn to your own coverage first depends on whether your state is no-fault, at-fault, add-on, or choice. Look up your state to see which system applies and what it means for your claim.
No-fault or at-fault by state
Select a state for the verdict in plain English, or scan the full, sortable 50-state table below.
Data under review
38 of 51 jurisdictions are fully verified. Rows still under review are listed with a caveat, but their specific deadline/rule/limit values are withheld (shown as “—”) until a final source check.
Florida
Florida is a No-fault (PIP) state. Use your own PIP first; lawsuits are limited unless you meet a threshold. Threshold to step outside no-fault: verbal (permanent injury / significant scarring).
⚠ Under review — pending a final primary-source check.
Source: Fla. OIR / Fla. Stat. § 627.736
Insurance system
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No-fault threshold
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All states & DC
Showing 51 of 51
| Alabama | At-fault (tort) | — | Sue the at-fault driver for your damages. |
|---|---|---|---|
| Alaska | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| Arizona | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| Arkansas | Add-on PIP | — | PIP is available and you can still sue the at-fault driver. |
| Californiaunder review | — | — | — |
| Colorado | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| Connecticut | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| Delaware | Add-on PIP | — | PIP is available and you can still sue the at-fault driver. |
| District of Columbiaunder review | — | — | — |
| Floridaunder review | — | — | — |
| Georgia | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| Hawaii | No-fault (PIP) | monetary ($5k medical) / verbal | Use your own PIP first; lawsuits are limited unless you meet a threshold. |
| Idaho | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| Illinois | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| Indiana | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| Iowa | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| Kansas | No-fault (PIP) | monetary ($2k medical) | Use your own PIP first; lawsuits are limited unless you meet a threshold. |
| Kentuckyunder review | — | — | — |
| Louisiana | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| Maineunder review | — | — | — |
| Maryland | Add-on PIP | — | PIP is available and you can still sue the at-fault driver. |
| Massachusettsunder review | — | — | — |
| Michiganunder review | — | — | — |
| Minnesota | No-fault (PIP) | monetary ($4k medical) / verbal | Use your own PIP first; lawsuits are limited unless you meet a threshold. |
| Mississippi | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| Missouri | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| Montana | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| Nebraska | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| Nevada | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| New Hampshireunder review | — | — | — |
| New Jerseyunder review | — | — | — |
| New Mexico | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| New York | No-fault (PIP) | verbal (serious injury) / monetary | Use your own PIP first; lawsuits are limited unless you meet a threshold. |
| North Carolinaunder review | — | — | — |
| North Dakota | No-fault (PIP) | monetary ($2.5k medical) / verbal | Use your own PIP first; lawsuits are limited unless you meet a threshold. |
| Ohio | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| Oklahoma | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| Oregon | Add-on PIP | — | PIP is available and you can still sue the at-fault driver. |
| Pennsylvaniaunder review | — | — | — |
| Rhode Island | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| South Carolina | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| South Dakota | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| Tennessee | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| Texas | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| Utahunder review | — | — | — |
| Vermont | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| Virginiaunder review | — | — | — |
| Washington | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| West Virginia | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| Wisconsin | At-fault (tort) | — | Sue the at-fault driver for your damages. |
| Wyoming | At-fault (tort) | — | Sue the at-fault driver for your damages. |
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No-fault and at-fault states route the same crash down very different paths.
In an at-fault state you pursue the driver who caused the crash. In a no-fault state you turn to your own PIP first, and you can only step outside the system to sue if you meet the state's injury or monetary threshold. Add-on and choice states sit in between.
Knowing which system applies tells you who pays first, whether a lawsuit is even on the table yet, and what coverage you should be looking at.
Related Resources
Use these pages and documentation tools to validate the estimate, preserve evidence, and keep the claim file organized.
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Minimum Insurance by State
See the required limits and coverages alongside whether the state is no-fault or at-fault.
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Guides
Insurance Claims Guides
Read the long-form guides on PIP, UM/UIM, and how no-fault claims actually work.
Frequently Asked Questions
What does no-fault insurance mean?
In a no-fault state, your own Personal Injury Protection (PIP) pays your medical and certain wage-loss costs regardless of who caused the crash, and your ability to sue is limited unless you meet a threshold.
What is an at-fault (tort) state?
In an at-fault state, the driver who caused the crash (through their insurer) is responsible for your damages, and you generally pursue a claim against them directly.
What are add-on and choice states?
Add-on states offer PIP-style coverage without limiting your right to sue. Choice states let drivers select a tort or no-fault option when they buy the policy.
How do I step outside no-fault to sue?
No-fault states set a threshold — often a serious-injury or monetary threshold — that, once met, lets you pursue a liability claim against the at-fault driver.
Educational Use Disclaimer
This tool is an educational reference only and does not constitute legal advice. No-fault rules, thresholds, and exceptions vary and change; confirm how your state's system applies with a licensed attorney or your insurer. Values shown as “under review” are not yet published.
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