Guides

No-fault vs at-fault states

Who pays your injuries first is the real difference. Look up a state below.

Look up a state

California minimum

30/60/15

System: no-fault or at-fault status not verified

Read on the state's official page on 2026-11-02.

Check your own policy →

Georgia's insurance office explains the split plainly: each state has either a tort system or a no-fault system, and under a no-fault system your insurance company pays you directly. Hawaii's insurance division calls Hawaii a no-fault state, in which your insurer pays the injury bills of you and your passengers up to the personal injury protection limit. It adds that no-fault applies to injuries, not to vehicles or property. New York's regulator describes basic no-fault cover of up to $50,000 per person, paid regardless of who was at fault. The minimums on this site still apply in those states. We list no national count, because we read the rule in only a few states so far. We also label no state at-fault unless a state text says so, and none of the pages we read used that label for its own state. Not verified means we did not read it, never that a state is at-fault.

Official pages read by Radif Partners · Editorial policy · Method and sources

What we read, state by state

Read on November 2, 2026 or November 3, 2026. A state missing here is not verified.
StateLabel we useWhat the source saysSource
Delawareno-fault or at-fault status not verifiedPersonal injury protection of at least $15,000 per person and $30,000 per accident is required (21 Del. C. 2118).official text
District of ColumbiaChoice of no-fault or tortInsurers must offer optional personal injury protection; a victim who elects it may sue only under stated conditions (D.C. Code 31-2404, 31-2405).official text
FloridaNo-faultPersonal injury protection up to $10,000 in medical and disability benefits and $5,000 in death benefits (F.S. 627.736).official text
HawaiiNo-faultThe Insurance Division calls Hawaii a no-fault state, with $10,000 per person of personal injury protection; you cannot sue or be sued unless injuries are serious.official text
Illinoisno-fault or at-fault status not verifiedIllinois applies modified comparative negligence: an injured party recovers only if less than 50% at fault, and the award is reduced by that share of fault (735 ILCS 5/2-1116).official text
KansasNo-faultA Kansas liability policy must include personal injury protection benefits (K.S.A. 40-3107); annotations to the section call the law a no-fault insurance act.official text
KentuckyChoice of no-fault or tortDrivers are deemed to accept a partial abolition of tort liability, and the section provides for its rejection (KRS 304.39-060).official text
New YorkNo-faultBasic No-Fault cover is up to $50,000 per person; lawsuits are limited to economic loss above those benefits and to serious injury for non-economic damages.official text
North DakotaNo-faultBasic no-fault personal injury protection of $30,000 per person is required.official text
Oregonno-fault or at-fault status not verifiedPersonal injury protection of $15,000 per person is required; the DMV page does not label the state no-fault or at-fault.official text
Utahno-fault or at-fault status not verifiedEach injured person's first $3,000 of medical expenses goes through their own personal injury protection before a claim on the responsible insurer; fault is shared under comparative negligence.official text

Not verified, because no official page we read states the system: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Georgia, Idaho, Indiana, Iowa, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

The choice states we read

Kentucky deems anyone who registers or drives a car on its roads to accept a partial abolition of tort liability, in a section titled acceptance or rejection. The District of Columbia requires insurers to offer personal injury protection as an option, and a victim who elects it within 60 days may then sue only under the conditions of section 31-2405. Both differ from a rule that binds everyone the same way.

Why this matters for your limits

Hawaii's division says no-fault does not cover damage to vehicles or property, and its minimum policy still carries bodily injury and property liability. So a no-fault label does not remove the three numbers. North Dakota and New York both list liability minimums alongside no-fault cover.

Questions to ask your state

Does the state require personal injury protection, and at what limit? When may an injured person step outside the system and claim against the other driver? Is uninsured motorist cover required, or may you decline it in writing? Those are the lines we could read for some states and not others, which is why the table has gaps.

Questions people ask

Is Florida a no-fault state?

Florida requires personal injury protection, and section 627.736 of the Florida Statutes, which refers to the Florida Motor Vehicle No-Fault Law, sets the benefit at a limit of $10,000 in medical and disability benefits and $5,000 in death benefits. We read that text on the Florida Legislature website on 2 November 2026. Check the current statute before relying on it.

Can I still be sued in a no-fault state?

On what we read, yes in some cases. Hawaii says you cannot sue or be sued unless there are serious injuries. New York allows suits for economic loss above no-fault benefits, and for non-economic damages after a serious injury. Hawaii adds that no-fault does not apply to vehicles or property, where the driver at fault answers. Other states are not verified.

Is personal injury protection the same thing as no-fault?

Not on the pages we read. Oregon's motor vehicle agency requires personal injury protection of $15,000 per person and does not call the state no-fault. The District of Columbia makes it optional and ties a lawsuit restriction to electing it. Texas's guide describes it as coverage you can buy. So read your own state before assuming one implies the other.

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