No-fault states
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In a no fault state, your own policy pays first, and you can sue only once your injury passes the state's line. Twelve states and Puerto Rico have no-fault laws, per the Insurance Information Institute.
The no-fault states
Five states use a verbal line: the injury must be serious, such as a lasting injury or a fracture. Seven use a dollar line: your medical bills must pass a set amount.
| State | Line you must pass to sue |
|---|---|
| Florida | Verbal |
| Michigan | Verbal |
| New Jersey | Verbal |
| New York | Verbal |
| Pennsylvania | Verbal |
| Hawaii | Dollar amount |
| Kansas | Dollar amount |
| Kentucky | Dollar amount |
| Massachusetts | Dollar amount |
| Minnesota | Dollar amount |
| North Dakota | Dollar amount |
| Utah | Dollar amount |
Newest changes: New York dropped the 90-days-out-of-180 part of its serious injury test on May 26, 2026, per the Department of Financial Services. Florida PIP is still the law after the 2025 repeal bill died in committee.
How a PIP claim works
PIP means personal injury protection, and you claim it from your own insurer. In Florida, PIP pays 80 percent of reasonable medical costs and 60 percent of lost income, up to $10,000 total, under section 627.736.
Florida PIP requires care within 14 days of the crash, and without an emergency condition it stops at $2,500.
So the first two weeks decide most of your PIP money.
When you can still sue
Once you pass the line, the pain and the bills PIP did not pay are claimed from the other driver. A Florida driver with $14,000 in bills after a fracture gets up to $10,000 from PIP and claims the rest from the other side.
Steps
- Call us, so a lawyer checks whether your injury passes the line.
- See a doctor within 14 days. In Florida, missing this can cost you PIP.
- Report the crash to your own insurer, even if the other driver was at fault.
- Send every bill and a letter from work about missed days.
No fault state questions
What is a no fault state?
A state where your own insurance pays your medical bills and some lost pay first, no matter who caused the crash. You can sue the other driver only past a set line.
What does PIP pay in Florida?
Florida PIP pays 80 percent of medical costs and 60 percent of lost income, up to $10,000 total. You must get care within 14 days of the crash.
Can I sue in a no fault state?
Yes, once your injury passes the state's threshold, either a serious injury or a dollar amount of bills. Car damage claims are not limited by no-fault.
What is an uninsured motorist claim?
A claim on your own policy when the driver who hit you had no insurance or not enough. It pays what their insurance would have.
What to do now
Call about my claim(833) 716-6705
We answer 24/7, review your crash free, and pair you with a car accident lawyer, with no fee unless you win.
Your own insurer pays PIP, but it will not tell you when your injury lets you go after the other driver. Most states give you two or three years from the crash to sue, and then the claim is gone. Call before you accept that PIP is all you can get.