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No-Fault Insurance Laws by State

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UPDATED: Mar 13, 2020

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No-fault insurance coverage provides compensation to insured parties in an accident without having to prove which party was at fault, or negligent.

These laws have been adopted by many states in order to speed up injured party compensation and to unclog our court systems from time consuming lawsuits. Additionally, no-fault laws restrict and can minimize the overall amount a person or insurer can be sued, potentially limiting frivolous lawsuits.

Of course, there are still many states that practice tort liability, where the courts are utilized to determine which party in an accident is at fault, and how much money to award in damages, if any.

Below is a quick reference snapshot of the current liability laws in place by state. I recommend calling your insurer or independent agent to determine your exact coverage. Additionally, get rate quotes online to make certain you are getting the best coverage at the best rate available.

State

Add-on

PIP

Lawsuits Restricted

Monetary Threshold

Verbal Threshold

Tort State

AL

X

AK

X

AZ

X

AR

Optional

NO

CA

X

CO

Mandatory

YES

X

CT

X

DE

X

Mandatory

NO

D.C.

X

Optional

BOTH*

FL

Mandatory

YES

X

GA

X

HI

Mandatory

YES

X

ID

X

IL

X

IN

X

IA

X

KA

Mandatory

YES

X

KY

Mandatory

BOTH**

X

LA

X

MN

X

MD

X

Mandatory

NO

MA

Mandatory

YES

X

MI

Mandatory

YES

X

MN

YES

X

MO

X

MS

X

MT

X

NE

X

NV

X

NH

X

Optional

NO

NJ

Mandatory

BOTH**

X

NM

X

NY

Mandatory

YES

X

NC

X

ND

Mandatory

YES

X

OH

X

OK

X

OR

X

Mandatory

NO

PA

Mandatory

BOTH**

X

RI

X

SC

X

SD

X

Optional

NO

TN

X

TX

X

Optional

NO

UT

Mandatory

YES

X

VT

X

VA

X

Optional

NO

WA

X

Optional

NO

WV

X

WI

X

Optional

NO

WY

X

*Washington D.C. is unique in that it is not a true no-fault state, meaning personal injury protection coverage is not mandatory, and it is not a true add-on state. D.C. drivers can choose no fault coverage, but also have 60 days after an accident to determine whether or not they want the agreed upon no-fault benefits, or if they want to seek damages from the at fault party.

**KY, NJ and PA are “choice” no-fault states. In these three states, drivers have the option to choose no-fault injury protection or stick with tort liability laws to seek compensation from the driver who was at fault for the accident.

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