Yes, you can sue after a car accident in no-fault states. Each of the 12 no-fault states allows drivers to sue for damages if their injuries are particularly severe or if their medical expenses surpass a certain amount, though each state has its own threshold. If you do not meet the lawsuit threshold for your state, then you cannot sue the at-fault driver.
When You Can Sue in No-Fault States
Threshold for Filing Lawsuit
Loss of important body function, permanent injury, permanent scarring or disfigurement, or death.
Medical expenses exceeding $10,000; or permanent loss of body function, permanent disfigurement, or death.
Medical expenses exceeding $2,000; or permanent disfigurement, fracture, loss of body part, permanent injury, permanent loss of body function, or death.
Medical expenses exceeding $1,000; or fracture, permanent disfigurement, permanent injury, or death (if the policyholder has not rejected limits on the right to sue).
Medical expenses exceeding $2,000; or loss of body member, permanent disfigurement, loss of sight or hearing, fracture, or death.
Serious injury, permanent disfigurement or death.
Medical expenses exceeding $4,000; or permanent disfigurement, permanent injury, disability for 60 days or more, or death.
Loss of body part, significant disfigurement or scarring, a displaced fracture, loss of fetus, permanent injury, or death (under a "limited right to sue" policy).
Medical expenses exceeding $50,000; or dismemberment, significant disfigurement, fracture, permanent loss or significant limitation of use of body organ; disability for more than 90 days, or death.
Medical expenses exceeding $2,500; or dismemberment, permanent disfigurement, disability for more than 60 days, or death.
Serious impairment of body function, permanent disfigurement, or death (under a "limited tort" policy).
Medical expenses exceeding $3,000; or dismemberment, permanent disability or impairment, permanent disfigurement, or death.
In Kentucky, New Jersey and Pennsylvania, drivers can choose to opt-out of the no-fault system. In that case, the limitations on lawsuits no longer apply. To learn more about the laws in no-fault states, check out WalletHub’s no-fault insurance guide.
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