No-Fault Car Insurance and PIP Explained

No-Fault Car Insurance and PIP Explained
Photo: @jannerboy62 / Unsplash

In about a dozen states, your own insurance pays your medical bills after an accident, no matter who caused it. Here’s how that system works.

Quick checklist

  • In no-fault states, your own personal injury protection (PIP) pays your medical costs and some lost wages regardless of fault.
  • No-fault applies to injuries, not to damage to vehicles, which is still handled by fault.
  • No-fault states limit when you can sue the other driver, usually to serious injuries or costs above a threshold.
  • A few states let drivers choose between no-fault and traditional coverage.
  • Most states are at-fault states, where the driver who caused the accident is responsible for damages.

States handle injury claims after car accidents in two broad ways: at-fault and no-fault. Which system your state uses affects how claims are paid and when you can sue.

At-fault states

In most states, the driver who caused the accident, through their liability insurance, pays for the other people’s injuries and damage. You claim against the at-fault driver’s insurer or, if needed, sue them.

No-fault states

In no-fault states, each driver’s own insurance pays for their injuries through personal injury protection (PIP), regardless of who caused the accident. PIP typically covers:

  • Medical and hospital costs.
  • A portion of lost wages.
  • Essential services, such as help at home, in some states.
  • Funeral costs, in some states.

No-fault rules apply to injuries, not vehicle damage. Damage to cars is still handled based on fault.

Limits on lawsuits

To reduce lawsuits, no-fault states restrict when you can sue the other driver for pain and suffering. You usually need a serious injury or costs above a set threshold, depending on the state.

Note

Some states are “choice” no-fault states. Drivers can choose a policy with limited rights to sue in exchange for lower premiums, or keep full rights to sue.

Choosing PIP limits

States set minimum PIP amounts, and some let you choose higher limits or coordinate with your health insurance. Michigan, for example, reformed its system so drivers can choose among several levels of PIP medical coverage. Consider your health coverage, income and household when choosing.

After an accident, start with our step-by-step checklist. For injuries caused by drivers without enough insurance, see our guide to uninsured motorist coverage.

Driver questions

Which states are no-fault?

About a dozen states, including Florida, Michigan, New York and Massachusetts, use no-fault rules, and states such as New Jersey, Pennsylvania and Kentucky let drivers choose. Check your state insurance department for current rules.

Does PIP cover passengers?

Usually, yes. PIP generally covers you, members of your household and passengers in your car, subject to policy terms.

Is PIP available in at-fault states?

Some at-fault states offer optional PIP or medical payments coverage, which pays medical bills regardless of fault.

Does health insurance cover car accident injuries?

It may, but how it coordinates with PIP depends on your state and policies. In some states, you can choose to make health insurance primary to lower your PIP premium.

Car insurance rules vary by state and by policy. This guide is general information, not legal or insurance advice; check your policy and your state insurance department for details.