ABA Family Legal Guide

Automobiles

Accidents and Insurance

Accidents

What is the status of negligence in no-fault states?

Many states have enacted no-fault laws. Negligence law for auto collisions exists in no-fault states, but it is limited in its application.

No-fault laws essentially provide (1) that you must purchase a minimum amount of no-fault insurance in order to drive and (2) that if you are injured you will be compensated by your own insurance carrier for your economic losses up to a specified level, regardless of who was at fault for the accident. In other words, the state law regarding negligence in auto collision cases is modified in most instances, though lawsuits alleging negligence might be filed in certain circumstances, such as in the case of economic losses beyond a certain level, injuries that included some specified serious conditions such as permanent disfigurement, and property damage to your vehicle.