STATE AUTO INSURANCE LAWS GOVERNING LIABILITY COVERAGE


 

First-party benefits

Restrictions on lawsuits

Thresholds for lawsuits

"True" No-Fault

Compulsory

Optional

Yes

No

Monetary

Verbal
Colorado
X
X
X
Florida
X
X
X
Hawaii
X
X
X
Kansas
X
X
X
Kentucky
X
X
X (1)
X (1)
Massachusetts
X
X
X
Michigan
X
X
X
Minnesota
X
X
X
New Jersey
X
X
X (1)
X (1,2)
New York
X
X
X
North Dakota
X
X
X
Pennsylvania
X
X
X (1)
X (1)
Utah
X
X
X
Puerto Rico
X
X
X
Add-on
Arkansas
X
X
Delaware
X
X
D.C.
X
X (3)
X (3)
Maryland
X
X
New Hampshire
X
X
Oregon
X
X
South Dakota
X
X
Texas
X
X
Virginia
X
X
Washington
X
X
Wisconsin
X
X

(1) “Choice” no-fault state. Policyholder can choose a policy based on the no-fault system or traditional tort liability. (2) Verbal threshold for the Basic Liability Policy and the Standard Policy where the policyholder chooses no-fault. The Basic Policy contains lower amounts of coverage. (3) The District of Columbia is neither a true no-fault nor add-on state. Drivers are offered the option of no-fault or fault-based coverage, but in the event of an accident a driver who originally chose no-fault benefits has 60 days to decide whether to receive those benefits or file a claim against the other party.

Source: American Insurance Association.