No-Fault States (2026): PIP Minimums and Thresholds

What no-fault means

In an at-fault state, the driver who caused the crash pays for everyone's injuries through their liability insurance. In a no-fault state, each driver's own personal injury protection (PIP) pays their own medical bills and lost wages, and the right to sue the other driver for pain and suffering is limited to more serious injuries. The goal is faster payment of smaller claims.

States and thresholds

Checked November 5, 2026. All other states are at-fault states.
State	System	Required PIP	Threshold to sue for pain and suffering	Law
Florida	No-fault	$10,000 medical and disability benefits (medical paid at 80%, disability at 60% of lost income) plus $5,000 death benefit	Significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability (other than scarring), significant and permanent scarring or disfigurement, or death	Fla. Stat. 627.736(1); 627.737(2)
Hawaii	No-fault	$10,000 per person aggregate (medical and rehabilitative)	Tort liability for injury is abolished unless: death; significant permanent loss of use of a body part or function; permanent and serious disfigurement causing mental or emotional suffering; or PIP benefits incurred equal or exceed $5,000 (monetary threshold). Property damage claims are not restricted.	HRS 431:10C-103.5(c); 431:10C-306(a), (b), (f)
Kansas	No-fault	Medical at least $4,500 per person; disability (lost earnings) at least $900/month for up to 1 year; substitution services $25/day for up to 365 days; funeral up to $2,000; survivors' benefits at least $900/month; rehabilitation at least $4,500	Pain and suffering and other non-pecuniary damages only if medical treatment has a reasonable value of $2,000 or more, or the injury involves permanent disfigurement, a fracture to a weight-bearing bone, a compound/comminuted/displaced/compressed fracture, loss of a body member, permanent injury, permanent loss of a bodily function, or death	K.S.A. 40-3107(f); 40-3103; 40-3117
Massachusetts	No-fault	$8,000	Pain and suffering suit allowed only if reasonable medical expenses exceed $2,000, or the injury causes death, loss of a body member, permanent and serious disfigurement, loss of sight or hearing, or a fracture.	M.G.L. c. 231, Sec. 6D; c. 90, Sec. 34A (PIP)
Michigan	No-fault	Medical PIP limit chosen by insured: $50,000 (Medicaid enrollees only), $250,000, $500,000, or unlimited; opt-out allowed for Medicare Parts A and B enrollees (MCL 500.3107d)	Noneconomic damages only for death, serious impairment of body function, or permanent serious disfigurement. 'Mini-tort' up to $3,000 for vehicle damage not covered by insurance (accidents after July 1, 2020).	MCL 500.3135(1), (3)(e); MCL 500.3107c(1)
Minnesota	No-fault	$40,000 per person ($20,000 medical expense loss + $20,000 income loss, replacement services, funeral and survivor loss)	Noneconomic damages only if medical expenses exceed $4,000, or the injury results in permanent disfigurement, permanent injury, death, or disability for 60 days or more.	Minn. Stat. Sec. 65B.51 subd. 3; Sec. 65B.44 subd. 1
New York	No-fault	$50,000	Suit for pain and suffering only for a 'serious injury' (death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use, permanent consequential or significant limitation, or 90/180-day disability), or for economic loss above the $50,000 basic economic loss.	N.Y. Ins. Law Sec. 5102(a), (d); Sec. 5104(a)
North Dakota	No-fault	$30,000 basic no-fault benefits per person (economic loss; work/survivor loss capped at $150 per week)	Can sue for pain and suffering only for a "serious injury": death, dismemberment, serious and permanent disfigurement, disability beyond 60 days, or medical expenses over $2,500	N.D. Cent. Code 26.1-41-01 (definitions of basic no-fault benefits and serious injury), 26.1-41-02, 26.1-41-08
Utah	No-fault	$3,000 per person medical expenses (plus lost income up to the lesser of $250/week or 85%, $20/day household services, $1,500 funeral, $3,000 death benefit)	Can sue for general (pain and suffering) damages only with death, dismemberment, permanent disability or impairment based on objective findings, permanent disfigurement, a bone fracture, or medical expenses over $3,000	Utah Code 31A-22-302 (required PIP), 31A-22-307(1)(a), 31A-22-309(1)(a)
District of Columbia	Choice no-fault	Optional PIP that insurers must offer: medical and rehabilitation at least $50,000 per victim (options of $50,000 and $100,000), work loss at least $12,000 (options $12,000 and $24,000), funeral up to $4,000	Only if the victim elects PIP benefits (election due to the PIP insurer within 60 days of the accident): may then sue only for substantial permanent scarring or disfigurement, substantial permanent impairment, inability to perform usual daily activities for more than 180 continuous days, or medical/rehab expenses or work loss exceeding available PIP. A victim who does not elect PIP keeps full tort rights.	D.C. Code 31-2404(a)(1), (c)(5), (d)(2), (e); 31-2405(a), (b)
Kentucky	Choice no-fault	$10,000	Unless the person rejected the tort limitation in writing, suit for pain and suffering is allowed only if medical expense benefits exceed $1,000, or the injury involves permanent disfigurement, a bone fracture, loss of a body member, permanent injury, permanent loss of bodily function, or death.	KRS 304.39-060(2)(b); KRS 304.39-020(2) (basic reparation benefits $10,000)
New Jersey	Choice no-fault	Standard policy: $15,000 minimum (up to $250,000 for certain injuries regardless of limit chosen); Basic policy: $15,000 (up to $250,000 for certain injuries)	Choice. 'Limitation on Lawsuit' (verbal threshold, also built into the Basic policy): no pain and suffering suit unless loss of body part, significant disfigurement or scarring, displaced fracture, loss of a fetus, permanent injury, or death. 'No Limitation' option keeps the full right to sue.	N.J.S.A. 39:6A-8; NJ DOBI Auto Insurance Buyer's Guide 2026
Pennsylvania	Choice no-fault	$5,000 first-party medical benefit	Full tort: no limit. Limited tort: no pain and suffering recovery unless a "serious injury" (death, serious impairment of body function, or permanent serious disfigurement), with exceptions such as an at-fault driver convicted of DUI	75 Pa.C.S. 1702 (definition of serious injury), 1705 (election of tort options), 1711(a) (required medical benefit)

PIP in at-fault states

These at-fault states also require PIP, but it does not limit your right to sue the driver who caused the crash ("add-on" states):

Delaware: $15,000 per person / $30,000 per accident (medical, lost earnings, funeral up to $5,000, etc.); plus $10,000 property damage (non-vehicle) coverage
Maryland: $2,500
Oregon: $15,000 medical and related expenses per person (plus income, funeral and essential services benefits)

Effect on settlements

Bills and wages your PIP paid generally cannot be claimed again from the other driver.
Below the threshold, there is no pain and suffering claim, which is usually the largest part of a settlement.
Above it, the claim works like one in an at-fault state, including your state's comparative fault rule.

The settlement calculator handles both: pick a no-fault state and answer the threshold question.

Frequently asked questions

How many no-fault states are there?

13: 9 no-fault states (Florida, Hawaii, Kansas, Massachusetts, Michigan, Minnesota, New York, North Dakota, Utah) and 4 choice no-fault states where drivers can opt for full tort rights (District of Columbia, Kentucky, New Jersey, Pennsylvania).

Can you sue in a no-fault state?

Yes, once your injury passes the state threshold, which is either a dollar amount of medical bills or a serious injury such as a fracture, permanent injury or significant disfigurement. Below the threshold, your own PIP pays your medical bills and lost wages and you cannot claim pain and suffering. Property damage claims are not limited by no-fault rules.

Who pays for car damage in a no-fault state?

No-fault covers injuries only. Damage to cars is still paid by the at-fault driver's property damage liability insurance, or by your own collision coverage. Michigan has its own separate rules for vehicle damage.

What is PIP insurance?

Personal injury protection pays your own medical bills, a share of lost wages and some other costs after a crash, up to the policy limit, regardless of who caused it. It is required in no-fault states and in a few at-fault states.

Does no-fault mean nobody is blamed for the accident?

No. Fault still decides who pays for vehicle damage, whether your premiums go up, and who is liable for serious injuries above the threshold.

Sources

Checked November 5, 2026.