WalletHub, Financial Company
@WalletHub
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
| State | Threshold for Filing Lawsuit |
| Florida | Loss of important body function, permanent injury, permanent scarring or disfigurement, or death. |
| Hawaii | Medical expenses exceeding $10,000; or permanent loss of body function, permanent disfigurement, or death. |
| Kansas | Medical expenses exceeding $2,000; or permanent disfigurement, fracture, loss of body part, permanent injury, permanent loss of body function, or death. |
| Kentucky | 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). |
| Massachusetts | Medical expenses exceeding $2,000; or loss of body member, permanent disfigurement, loss of sight or hearing, fracture, or death. |
| Michigan | Serious injury, permanent disfigurement or death. |
| Minnesota | Medical expenses exceeding $4,000; or permanent disfigurement, permanent injury, disability for 60 days or more, or death. |
| New Jersey | 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). |
| New York | 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. |
| North Dakota | Medical expenses exceeding $2,500; or dismemberment, permanent disfigurement, disability for more than 60 days, or death. |
| Pennsylvania | Serious impairment of body function, permanent disfigurement, or death (under a "limited tort" policy). |
| Utah | 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.
People also ask
What are the no-fault states for car insurance?
There are 12 no-fault states for car insurance: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah. In these no-fault states, each driver’s car insurance provider pays their own medical claims after an accident regardless of who was at fault.
No-Fault Insurance States
… read full answershow lessWhose insurance pays in a no-fault accident?
In a no-fault accident, each driver’s insurance pays for their own medical bills, regardless of who caused the wreck. No-fault states require drivers to have personal injury protection (PIP) insurance in order to pay for their own injury-related expenses, including hospital bills and lost income.
A “no-fault” accident is a… read full answer
show lessHow does car insurance work when you are not at fault?
When you are not at fault in an accident, the other driver’s insurance should cover the damage to your car and your medical bills, up to their policy limits. If it takes time to determine fault, you can file a collision claim with your insurer, which will then seek repayment… read full answer
show lessDid we answer your question?