No-fault benefits and no-fault claims
In plain English: no-fault benefits are payments from your own car insurance for things like medical bills and lost wages after a crash, paid no matter who caused it. In the US these are usually called personal injury protection, or PIP.
What a no-fault claim is
In a no-fault system, you claim from your own insurer first for certain losses, instead of waiting to prove the other driver was at fault. The idea is faster payment for medical care and lost income. Several US states use no-fault or PIP systems, including New York and Michigan, and Canadian provinces such as Ontario have their own accident benefits schemes. The UK does not use a no-fault system for car accidents.
What no-fault benefits usually cover
- Reasonable medical and rehabilitation costs
- A portion of lost income, often up to a set weekly or monthly limit
- Some household help and travel to treatment
- Funeral and survivor benefits in fatal cases
What's covered, and how much, depends heavily on your state or province and the options on your policy. Pain and suffering is usually not paid as a no-fault benefit.
How to apply
- Report the accident to your own insurer as soon as possible, even if the other driver was clearly at fault.
- Ask for the no-fault or accident benefits application form and any wage or treatment forms.
- Return the forms quickly, with the police report number and your doctor's details.
- Keep copies of everything, and keep a list of every bill and missed shift.
No-fault deadlines are often measured in days or weeks, not years. In New York, for example, the no-fault application generally has to be filed within 30 days of the accident. Ontario requires you to notify the insurer within days and return the application within 30 days of receiving it. Miss one and benefits can be denied. Check your own policy and local rules straight away.
Can you still sue the other driver?
Sometimes. Most no-fault systems limit lawsuits for pain and suffering unless the injury passes a threshold, such as a "serious injury" or medical costs over a set amount. If your injuries are significant, a local lawyer can tell you whether you qualify.
Related: fault vs no-fault insurance · first-party claim · medical payments coverage.
Related terms
General information, not legal or medical advice. Rules differ between US states, the UK and Canadian provinces, so check the law where your accident happened. How we write and check · Legal disclaimer