No-Fault States List (2026): Rules, PIP and When You Can Sue

You can sue for pain, suffering, mental anguish and inconvenience only if the injury involves: (a) significant and permanent loss of an important bodily function; (b) permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; (c) significant and permanent scarring or disfigurement; or (d) death (s. 627.737(2)). PIP pays up to $10,000 in medical and disability benefits plus $5,000 death benefit regardless of fault (s. 627.736(1)).

HRS 431:10C-306 abolishes tort liability for accidental bodily injury from Hawaii motor vehicle accidents, except where (1) the injury causes death; (2) the injury consists in whole or in part of a significant permanent loss of use of a part or function of the body; (3) the injury consists of permanent and serious disfigurement causing mental or emotional suffering; or (4) personal injury protection benefits incurred (including comparable health insurance, workers' compensation and similar payments, deductibles and copayments) equal or exceed $5,000 (306(b)). Tort liability is also preserved for intentional injury, criminal conduct, conduct warranting punitive damages, and causing death or injury while driving in violation of HRS 291E-61 (operating a vehicle under the influence) (306(e)), and property damage liability is never abolished (306(f)). PIP pays up to $10,000 per person for medical and rehabilitative treatment regardless of fault (HRS 431:10C-103.5).

Under the Kansas Automobile Injury Reparations Act, an injured person can sue the at-fault driver for pain and suffering (noneconomic loss) only if the medical treatment has a reasonable value of $2,000 or more, or the injury is permanent disfigurement, a fracture to a weight-bearing bone, a compound, comminuted, displaced or compressed fracture, loss of a body member, permanent injury within reasonable medical probability, permanent loss of a bodily function, or death (K.S.A. 40-3117). Required PIP (K.S.A. 40-3103, 40-3107(f)): medical expenses at least $4,500 per person; disability (lost income) at least $900 per month for up to one year; rehabilitation at least $4,500; substitution benefits up to $25 per day for up to 365 days; funeral up to $2,000; survivors' benefits at least $900 per month for up to one year. The pip_minimum shown is the $4,500 medical benefit. A motorcycle owner may reject PIP in writing (40-3107(f)).

Massachusetts is a no-fault state. Every policy must include personal injury protection (PIP) of at least $8,000 per person, which pays medical expenses, lost wages and replacement services regardless of fault (G.L. c. 90, sec. 34A). If the injured person has health insurance, PIP pays no more than $2,000 of medical expenses that the health plan covers. The at-fault driver is exempt from tort liability to the extent PIP benefits are payable (G.L. c. 90, sec. 34M). To recover pain and suffering in a motor vehicle tort case, the plaintiff must have reasonable and necessary medical expenses over $2,000, or an injury that (1) causes death, (2) consists in whole or in part of loss of a body member, (3) is permanent and serious disfigurement, (4) results in loss or partial loss of sight or hearing, or (5) consists of a fracture (G.L. c. 231, sec. 6D). Economic losses above PIP can always be claimed against the at-fault driver.

Tort liability for noneconomic loss (pain and suffering) remains only if the injured person suffered death, serious impairment of body function, or permanent serious disfigurement (MCL 500.3135(1)). 'Serious impairment of body function' means an objectively manifested impairment of an important body function that affects the person's general ability to lead their normal life. There is no minimum duration, and the test is case by case (3135(5), codifying McCormick v Carrier). No noneconomic damages for a party more than 50% at fault (3135(2)(b)). The at-fault driver also stays liable for economic loss beyond the PIP limits: allowable expenses, work loss and survivor's loss above the limits chosen under 3107c/3107d or the statutory caps. If the injured person opted out of PIP medical coverage or was excluded, the at-fault driver is liable for allowable expenses without limit (3135(3)(c)). Mini-tort: up to $3,000 for vehicle damage not covered by insurance for accidents after July 1, 2020 (previously $1,000), barred if the claimant is more than 50% at fault (3135(3)(e), (4)). PIP medical (allowable expense) choices for policies issued or renewed after July 1, 2020 (MCL 500.3107c): unlimited (the default if no choice is made), $500,000, $250,000, or $50,000 (only if the named insured is on Medicaid and household members have other qualifying coverage). A named insured with Medicare Parts A and B may opt out of PIP medical entirely if household members have qualified health coverage (MCL 500.3107d). pip_minimum shows $250,000, the lowest level open to drivers without Medicaid or Medicare. PIP also pays work loss up to a monthly maximum that is adjusted annually (not checked here).

Minn. Stat. 65B.51, subd. 3: a person cannot recover noneconomic damages (pain and suffering) in a car accident claim unless (a) reasonable medical expenses exceed $4,000 (excluding diagnostic x-rays and rehabilitation costs), or (b) the injury results in permanent disfigurement, permanent injury, death, or disability for 60 days or more ('disability' means inability to engage in substantially all of the person's usual daily activities). Economic loss beyond basic economic loss (no-fault) benefits can be claimed without meeting the threshold, and the tort recovery is reduced by no-fault benefits paid or payable (65B.51, subd. 1). Required basic economic loss (PIP) benefits are $40,000 per person: $20,000 for medical expense and $20,000 for income loss, replacement services, funeral and survivor's loss (Minn. Stat. 65B.44, subd. 1); income loss is paid at 85 percent of gross income up to $500 per week (subd. 3).

You can sue another covered person for pain and suffering only for a 'serious injury' (Insurance Law 5104(a)), or for economic loss above $50,000 basic economic loss. As amended May 26, 2026, 'serious injury' means death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; or significant limitation of use of a body function or system (Insurance Law 5102(d)). The former 90/180-day category (non-permanent injury preventing usual activities for 90 of the first 180 days) was repealed for actions commenced on or after May 26, 2026. The jury must decide fault before deciding serious injury.

A secured person is exempt from liability for noneconomic loss unless the injury is a 'serious injury', and for economic loss to the extent basic no-fault benefits are paid or payable (N.D.C.C. 26.1-41-08(1)). 'Serious injury' means an accidental bodily injury that results in death, dismemberment, serious and permanent disfigurement or disability beyond 60 days, or medical expenses over $2,500 (26.1-41-01(21)). Basic no-fault benefits are capped at $30,000 per person per accident, with sub-limits of $150 per week for work loss or survivors' income loss and $3,500 for funeral expenses (26.1-41-01(2)). Under 26.1-41-20, a person who has a prior unrelated uninsured-driving conviction (39-08-20) and was driving their own uninsured vehicle cannot recover noneconomic damages even for a serious injury.

A person who has (or is required to have) PIP may sue for general damages (pain and suffering) only if the injury caused death, dismemberment, permanent disability or permanent impairment based on objective findings, permanent disfigurement, or a bone fracture, or if reasonable medical expenses exceed $3,000 (Utah Code 31A-22-309(1)). The threshold does not apply to uninsured motorist claims. Minimum PIP (31A-22-307): $3,000 per person medical expenses; lost income at the lesser of $250 per week or 85 percent of gross income, for up to 52 weeks; household services up to $20 per day for up to 365 days; $1,500 funeral; $3,000 survivor benefit. No deductibles are allowed on required PIP.

Insurers must offer optional personal injury protection (PIP); buying it is the insured's choice (D.C. Code 31-2404(a)). If purchased, PIP pays without regard to fault at least $50,000 medical and rehabilitation expenses, $12,000 work loss and up to $4,000 funeral benefits per victim (31-2404(c)-(e)). After an accident, a covered victim chooses within 60 days whether to receive PIP benefits (31-2405(a)); if they make no election, the liability coverage applies and they keep full tort rights (31-2405(g)). A victim who elects PIP may sue the at-fault driver only if (1) the injury directly results in substantial permanent scarring or disfigurement, substantial and medically demonstrable permanent impairment that significantly affects their ability to perform professional or usual daily activities, or a medically demonstrable impairment preventing substantially all usual daily activities for more than 180 continuous days; or (2) their medical and rehabilitation expenses or work loss exceed the PIP benefits available (31-2405(b)). Survivors may always sue for wrongful death (31-2405(c)).

Kentucky is a choice no-fault state. Every owner, operator or user of a motor vehicle on Kentucky roads is deemed to accept the tort limitations (KRS 304.39-060(1)). Unless the person rejected them, tort liability is abolished to the extent basic reparation benefits (BRB, up to $10,000 per person per accident under KRS 304.39-020) are payable, and a claim for pain, suffering, mental anguish and inconvenience is allowed only if medical benefits paid or payable exceed $1,000, or the injury is a permanent disfigurement, a bone fracture, loss of a body member, a permanent injury within reasonable medical probability, permanent loss of bodily function, or death (KRS 304.39-060(2)(b)). Anyone may reject the tort limitations in writing or electronically on the Department of Insurance form, filed before the accident (KRS 304.39-060(4)). A person who rejects keeps full tort rights and liabilities, but cannot collect BRB (KRS 304.39-060(7)-(8)). Motorcycles need not carry BRB (KRS 304.39-110). 2026 HB 627 (Acts Ch. 149, in force July 15, 2026 per Department of Insurance Bulletin 2026-04 as reported by secondary sources) raised the weekly limit for work loss and replacement services from $200 to $500, raised the funeral benefit to $5,000, and tied PIP medical payments to the workers' compensation fee schedule. Secondary sources report that the $10,000 BRB limit and the $1,000 tort threshold were not changed.

Standard policy holders choose a lawsuit option (N.J.S.A. 39:6A-8). The 'Limitation on Lawsuit' (verbal threshold) option bars suits for noneconomic loss (pain and suffering) unless the injury results in death, dismemberment, significant disfigurement or significant scarring, displaced fractures, loss of a fetus, or a permanent injury within a reasonable degree of medical probability (one where the body part or organ 'has not healed to function normally and will not heal to function normally with further medical treatment'). The plaintiff must serve a physician's certification based on objective clinical evidence within 60 days after the defendant answers (39:6A-8(a)). The 'No Limitation on Lawsuit' option keeps an unlimited right to sue for pain and suffering. The Basic policy always carries the limited right to sue, and DOBI states the limited option is imposed by law when no choice is made on the coverage selection form. Economic damages beyond PIP can be sued for under either option. PIP pays medical expenses regardless of fault, at a minimum of $15,000 per person per accident (up to $250,000 for certain permanent or significant brain, spinal cord or disfigurement injuries regardless of the limit selected). Standard policies offer PIP up to $250,000 or more.

Each named insured chooses a tort option. Full tort (the default if no choice is made) keeps an unrestricted right to sue for pain and suffering. Limited tort lets you recover economic loss, but you cannot sue for noneconomic loss (pain and suffering) unless you have a 'serious injury' (death, serious impairment of body function, or permanent serious disfigurement). Limited tort insureds keep full tort rights if the at-fault driver is convicted of or accepts ARD for DUI in that accident, was driving a vehicle registered in another state, intended to injure, or was uninsured, and in some other cases (e.g. vehicle defect claims against repairers/manufacturers). Sources: 75 Pa.C.S. 1705(a)(3), (c), (d) and 1702 ('serious injury'). The required PIP-equivalent is the $5,000 first-party medical benefit, which pays medical bills regardless of fault (75 Pa.C.S. 1711(a)).