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★ glossary entry

No-fault insurance

By Reviewed by Abd Shanti, Founder7 min read
★ definition

A scheme under which an injured person’s own insurer pays defined benefits regardless of who caused the accident, with the right to sue restricted to cases that meet a serious-injury threshold.

What it means in practice.

Florida (PIP), Michigan, New York, New Jersey, and several other US states operate no-fault schemes; so do Quebec and several Australian CTP schemes. Threshold definitions vary.

Under no-fault car insurance, your own policy pays your medical bills and lost income after a crash, whoever caused it. In exchange, the right to sue the other driver is limited: you can claim pain and suffering only if your injury passes a threshold.

Thresholds come in two kinds. A verbal threshold describes the injury, such as a fracture, permanent impairment or significant disfigurement. A monetary threshold turns on money, such as medical bills over a set amount. Some states use both.

British Columbia went further. For crashes from 1 May 2021, a person has no right to sue for bodily injury caused by a vehicle in most cases, and benefits from ICBC’s Enhanced Care scheme replace the lawsuit.

How it works in different places.

WhereHow it worksSource
New YorkPain and suffering needs a serious injury, such as a fracture or significant limitation of use. The 90/180 day category was removed from 26 May 2026.Insurance Law § 5102(d)
MichiganDeath, permanent serious disfigurement, or an objectively manifested impairment of an important body function that affects the ability to lead a normal life.MCL 500.3135(5), as quoted in Patrick v. Turkelson (Mich. Ct. App. 2018)
FloridaSignificant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring, or death.Fla. Stat. § 627.737(2)
MinnesotaMedical expenses over $4,000, or permanent disfigurement, permanent injury, death, or disability of 60 days or more.Minn. Stat. § 65B.51, subd. 3
KentuckyA fracture qualifies on its own; tort liability is abolished to the extent PIP benefits are payable, so the first $10,000 of economic loss is not recovered from the other driver.KRS 304.39-060(2)
British ColumbiaFor crashes from 1 May 2021, no right of action for most bodily injury; ICBC Enhanced Care benefits instead.Insurance (Vehicle) Act, ss 114, 115

A worked example.

★ from a real decision

A broken wrist that did not pass: Rodriguez v. Crosby (Utah Ct. App. 2024)

Accident
September 2017; a driver turned left in front of the family’s van
Injury
A child’s fractured right wrist; cast for about six weeks, no surgery
Argument
The injury met the old threshold or the amended one in force at trial
Held
The version in force on the accident date applies, and it was not met
Result
Summary judgment for the driver affirmed

In Kentucky a fracture passes the no-fault threshold by itself. Under the Utah threshold that applied to this 2017 crash, the healed wrist fracture was not enough to sue for pain and suffering.

Rodriguez v. Crosby (Utah Ct. App. 2024)

Sources.

★ frequently asked

Common questions.

Quick answers, plain English.

★ editorial note

This entry describes the term as it appears in published authority and practitioner usage. Nothing on this page is legal advice. For your specific case, consult a solicitor or attorney qualified in your jurisdiction. See /methodology for how we derive figures elsewhere on the site, /sources for the standing authority list, and /disclaimer for the scope statement.