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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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No-Fault vs At-Fault Car Accident States

United States (federal and general)Last reviewed 18 September 2026

In an at-fault state, the driver who caused the crash, through their insurer, pays for your losses. In the twelve no-fault states, your own personal injury protection (PIP) coverage pays your initial medical bills and lost income regardless of fault, and you can sue the at-fault driver only if your injuries meet a threshold.

How At-Fault States Work

Direct Answer: In at-fault states, you can claim against the at-fault driver's liability insurer for all your damages, including pain and suffering, or bring a lawsuit against the driver, subject to comparative-fault rules that reduce your recovery by your share of blame.

Most states, including California and Texas, are at-fault states. Your own share of fault reduces the recovery in most, and in a handful of jurisdictions such as Alabama, Maryland, North Carolina, Virginia and the District of Columbia, any fault can bar it. Optional first-party coverage such as medical payments coverage can help with bills in the meantime.

How No-Fault States Work

In a no-fault state, your own PIP coverage pays your initial medical bills and often a portion of lost income, no matter who was at fault, and you generally cannot sue the at-fault driver for pain and suffering unless your injuries meet the state's threshold. Thresholds are either monetary, based on the amount of medical bills, or verbal, based on the seriousness of injury, such as permanent injury, significant scarring or loss of an important bodily function. Florida requires $10,000 PIP, and New York requires no-fault coverage with a serious-injury threshold defined by statute.

What It Means for Your Claim

In a no-fault state, documenting the seriousness and permanence of your injury early matters, since it decides whether you can pursue non-economic damages. In any state, notify your insurer promptly, keep medical records and speak to an attorney before giving a recorded statement to the other side's insurer.

Frequently Asked Questions

Which states are no-fault?

Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah. Kentucky, New Jersey and Pennsylvania let drivers choose.

What is PIP?

Personal injury protection: coverage on your own policy that pays your medical expenses and part of lost income after a crash regardless of fault, required in most no-fault states.

What is a tort threshold?

The level of injury or medical cost you must reach before you can sue the at-fault driver in a no-fault state, either a dollar amount of medical bills or a serious-injury definition.

Can I still sue in a no-fault state?

Yes, if your injuries meet the threshold, and for property damage and economic losses beyond PIP in many states. Serious injuries usually qualify.

Does fault still matter in a no-fault state?

Yes, for lawsuits against the other driver above the threshold, for vehicle damage and for insurance premiums, though PIP pays initial benefits regardless of fault.

Can I get a car accident lawyer without paying upfront?

Usually, yes. Car accident attorneys almost always work on contingency, being paid a percentage of the recovery only if the case succeeds. Ask whether the percentage is calculated before or after case costs are deducted, since that changes your net recovery, and read the written agreement before you sign.

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Florida

Florida fee regulations and HB 837

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New York

New York fee rules and deadlines

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Cornell LII Wex — No-fault insurance

    In no-fault states, each driver's own personal injury protection (PIP) pays initial medical costs and lost income regardless of fault, and a lawsuit against the at-fault driver is limited to injuries above a threshold. Twelve states use no-fault, and three (Kentucky, New Jersey, Pennsylvania) allow drivers to choose.

  4. Florida HSMV — Insurance requirements

    Florida requires $10,000 personal injury protection (PIP) and $10,000 property damage liability, with no general bodily injury liability requirement for most drivers.

  5. New York DFS — Minimum auto insurance requirements

    New York's minimum liability is 25/50/10 (bodily injury per person / per accident / property damage), with mandatory no-fault (PIP), uninsured motorist and supplementary uninsured/underinsured coverage.

  6. Cornell LII Wex — Comparative negligence

    Overview only. The controlling rule is each state's own statute or case law — pure comparative fault, modified comparative fault with a 50% or 51% bar, or (in a handful of jurisdictions) pure contributory negligence.

  7. Cornell LII Wex — Contributory negligence

    Alabama, Maryland, North Carolina, Virginia and (for most claims) the District of Columbia bar recovery entirely if the claimant was even slightly at fault.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.