Car insurance in no-fault vs. at-fault states

If you live in an at-fault state, the driver who caused an accident pays for the damage of both cars. No-fault states, however, have a different set of liability rules, typically for bodily injury claims. Fortunately, claiming other types of damage is similar across all states.

What is no-fault car insurance?

No-fault car insurance refers to the state’s requirements as to who pays for bodily injuries after an accident. In states with no-fault laws, each driver’s insurance company is required to pay for medical injuries for its policy holders up to the policy limit. That’s why no-fault states require all drivers to buy personal injury protection (PIP) coverage, covering the medical bills of both drivers and their passengers.

No-fault laws limit drivers from suing for injuries, taking small claims out of the courts. The idea is to reduce overhead and the time it takes to pay out claims.

In a few states like New Jersey and Kentucky, you can choose between no-fault or liability when buying car insurance. In these choice no-fault states, choosing no-fault protects you from being sued for minor injuries if you cause an accident, unless there’s serious personal injury. If you choose traditional tort liability, you can sue other drivers who also chose this liability but not drivers who chose no-fault. A lawyer can better help you navigate these complexities.

How does car insurance work in an at-fault state?

Tort liability rules in at-fault states. This means whoever caused the car accident pays for injury expenses, car damage and other property damage for both drivers.

This typically falls under bodily injury liability and property damage liability. Bodily injury liability kicks in to pay for medical bills for another driver or passengers. Property damage liability covers damage to someone else’s property, including the other driver’s car.

Which states have no-fault insurance?

These 12 states plus DC are considered no-fault states. All other states are at-fault states.

No-fault vs. at-fault car insurance coverage

Many of the same types of coverage are offered whether you live in a no-fault or at-fault state. But a few types of coverage are different or not required in no-fault states. Consider whether you need these types of coverage:

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Car accident claims in no-fault vs. fault states

When filing a car accident claim, in an at-fault state, you would typically file a claim with the at-fault driver’s car insurance.

However, in a no-fault state, you file claims for medical injuries through your car insurance company. Then, your car insurer works with the at-fault driver’s insurance to get a reimbursement that pays for your car’s damage.

Claims in no-fault states

The main differences are where you file your bodily injury claim and how fast you get your insurance settlement. In no-fault states, you should receive your bodily injury settlement more quickly than in at-fault states since you’re not proving who was at fault.

The claims process looks like this:

1. Report the accident and specific details about personal injuries to your insurance company.
2. Report property damage to the at-fault driver’s insurance company. Provide detailed information about the accident, but beware of admitting fault in the accident. The insurance company will investigate this on its own.
3. Provide extra documentation, like doctor’s office invoices or a diagnosis to prove your medical injuries. A police report can also help to determine who caused the car damage.
4. Speak with your insurance company about accident details and the extent of your injuries. This information helps the company work with the other driver’s insurer for property damage settlement.
5. Receive your claim settlement, after approval. Your check may come by mail, in person or by a direct bank deposit. The settlement may take a few days for bodily injury claims.

Claims in at-fault states

In an at-fault state, the claims process looks similar but relies more on the at-fault driver’s insurance. The claims process looks like this:

1. Report the accident to the at-fault driver’s insurance company, including specific details about the car damage and your injuries. Let the insurance company determine fault on its own, avoiding blame during any interviews.=
2. Provide extra documentation, including car damage photos or repair estimates, doctor’s invoices or a diagnosis to prove medical injuries. You may need a police report or insurance adjuster to determine the at-fault driver before proceeding.
3. Speak with your insurance representative about accident details and the extent of your injuries. Back-and-forth communication between your insurance company and the at-fault driver’s is common.
4. Once approved, receive your claim settlement by mail, in person or through a direct deposit. The settlement could take a few weeks as the insurance companies iron out the details of fault and damage expenses.

Are car insurance premiums different for fault and no-fault states?

Yes, premiums are usually higher in no-fault states since they’re more likely to pay out for bodily injuries in an accident. Also, some no-fault states require wide insurance coverage, such as PIP with childcare and lost income benefits.

You might see insurance premiums around $1,500 annually or $125 a month in no-fault states. The national average for car insurance is $1,300 a year or $108 a month, which is slightly lower than the average for car insurance in no-fault states.

Bottom line

Whether you live in an at-fault or no-fault state, ample car insurance coverage helps cover the bills for costly injuries and car damage. The main concern is whether you’re buying medical bill coverage for yourself or for other injured drivers or passengers.

Frequently asked questions

• What is considered admitting guilt after a car accident?

  If you approach the other driver to apologize or negotiate after an accident, you could get labeled as the at-fault driver. These acts could be seen as an admission of guilt.

  This is still important in no-fault states because you might be responsible for car damage. Even if you think you caused the accident, avoid admitting fault at the scene.

• Are there situations when I can sue the other driver in a no-fault state?

  Some states allow you to sue for serious injuries or if your medical bills meet a certain threshold — but your ability to sue for small bodily injury cases may be limited.

• Should I exchange information with the other driver in a no-fault state?

  Yes, you should still get the other driver’s insurance and contact information and vice versa in a no-fault state. That’s because one driver may be fully or partially responsible for the car damage. Property damage is not included in no-fault laws.