The money side of an injury claim

State laws

Car accident laws by state: the rules that decide your claim

A handful of rules decide most of what happens after a crash: whose insurance pays first, how much insurance the other driver must carry, what your own share of the fault costs you, how long you have to sue and where you can sue without a lawyer. Here they are for the 10 largest states, each read from the state’s own law.

Reviewed by Morgan Hale, EditorUpdated Sources (84) · Editorial policy

1 Where the crash happened

The 10 largest states so far, each rule read from the state’s own law. Seven rules on one sheet.

The short version:

  • No-fault or at-fault: in Florida, New York and Michigan your own insurance pays your medical bills first, and you can sue for pain and suffering only for a serious injury. Pennsylvania lets you choose. In the other six, the at-fault driver’s insurer pays.
  • Minimum insurance runs from $15,000 per person in Pennsylvania to $50,000 in North Carolina — and the other driver’s policy limit is the most their insurer will pay.
  • Deadlines: 2 or 3 years to sue for an injury here, and much less for claims against the government.
In this guide
  1. The rules side by side
  2. No-fault vs. at-fault states
  3. Minimum insurance, and why it matters to your settlement
  4. Your own share of the fault
  5. Small claims court for car damage
  6. What every state requires after a crash
  7. Frequently asked questions
  8. Sources

The rules side by side

StateSystemMinimum liability insuranceYour share of the faultDeadline to sue for injury
CaliforniaAt-fault$30,000 per person / $60,000 per crash for injuries, $15,000 for property, for policies issued or renewed since 2025 (rising again in 2035) (Veh. Code § 16056)Pure comparative fault (Li v. Yellow Cab Co. (1975))2 years (Code Civ. Proc. § 335.1)
TexasAt-fault$30,000 per person / $60,000 per crash for injuries, $25,000 for property (Transp. Code § 601.072)Barred above 50% (Civ. Prac. & Rem. Code § 33.001)2 years (Civ. Prac. & Rem. Code § 16.003)
FloridaNo-fault$10,000 PIP and $10,000 property damage liability; bodily injury liability isn’t part of the basic requirement (Stat. §§ 627.733, 627.736, 324.022)Barred above 50% (Stat. § 768.81(2), (6))2 years (Stat. § 95.11(5)(a))
New YorkNo-fault$25,000 per person / $50,000 per crash for injuries ($50,000 / $100,000 for deaths), $10,000 for property, plus $50,000 of no-fault coverage (Veh. & Traf. Law § 311(4)(a); Ins. Law § 5102(a))Barred above 50% (CPLR 1411(a), (b))3 years (CPLR 214(5))
PennsylvaniaChoice no-fault$15,000 per person / $30,000 per crash for injuries, $5,000 for property (75 Pa.C.S. § 1702)Barred above 50% (42 Pa.C.S. § 7102(a))2 years (42 Pa.C.S. § 5524(2))
IllinoisAt-fault$25,000 per person / $50,000 per crash for injuries, $20,000 for property, plus uninsured motorist coverage of $25,000 / $50,000 (Ill. Dept. of Insurance)Barred above 50% (735 ILCS 5/2-1116)2 years (735 ILCS 5/13-202)
OhioAt-fault$25,000 per person / $50,000 per crash for injuries, $25,000 for property (R.C. 4509.51)Barred above 50% (R.C. 2315.33)2 years (R.C. 2305.10(A))
GeorgiaAt-fault$25,000 per person / $50,000 per crash for injuries, $25,000 for property (O.C.G.A. §§ 40-9-37, 33-7-11)Barred at 50% (O.C.G.A. § 51-12-33(a), (g))2 years (O.C.G.A. § 9-3-33)
North CarolinaAt-fault$50,000 per person / $100,000 per crash for injuries, $50,000 for property (G.S. 20-279.1(11))Contributory negligence (N.C. common law)3 years (G.S. 1-52(16))
MichiganNo-fault$250,000 per person / $500,000 per crash for injuries unless you choose lower limits (as low as $50,000 / $100,000), $10,000 for property (MCL 500.3009)Reduced; no pain-and-suffering damages above 50% (MCL 600.2959)3 years (MCL 600.5805(2))

No-fault vs. at-fault states

Twelve states and Puerto Rico have no-fault laws, according to the Insurance Information Institute. Of the 10 states here, Florida, New York and Michigan are no-fault, and Pennsylvania is a “choice” state. In a no-fault state, your own personal injury protection (PIP) pays your medical bills and some lost pay first, whoever caused the crash, and a lawsuit for pain and suffering is allowed only past a threshold:

  • Florida: Your own personal injury protection (PIP) pays 80% of medical bills, up to $10,000. You can sue the other driver for pain and suffering only for a significant and permanent loss of a bodily function, a permanent injury, significant scarring or disfigurement, or a death. (Stat. §§ 627.736(1), 627.737(2))
  • New York: Your own no-fault coverage pays medical bills and lost pay up to $50,000. You can sue the other driver for pain and suffering only for a “serious injury” as the law defines it — such as a fracture, significant disfigurement or an injury that keeps you from most daily activities for 90 of the first 180 days. (Ins. Law §§ 5102(a), (d), 5104(a))
  • Pennsylvania: You choose when you buy insurance. With “limited tort,” you can’t sue for pain and suffering unless the injury is serious; with “full tort,” you keep that right. (75 Pa.C.S. § 1705)
  • Michigan: Your own personal injury protection (PIP) pays medical bills up to the limit you chose — unlimited unless you picked $250,000, $500,000 or, with Medicaid, $50,000. You can sue for pain and suffering only for a death, a serious impairment of a body function or permanent serious disfigurement. (MCL 500.3107c, 500.3135(1))

In the other six — California, Texas, Illinois, Ohio, Georgia and North Carolina — the driver who caused the crash is responsible, and you claim against their liability insurance from the start.

Minimum insurance, and why it matters to your settlement

The other driver’s liability limit is the most their insurer will pay, however serious your injuries. If your losses are bigger, the rest has to come from your own underinsured motorist coverage or from the driver personally. For what claims typically pay, see the average car accident settlement; if the driver had no insurance at all, see what happens when the other driver is uninsured.

Your own share of the fault

In 9 of these 10 states, what you recover is reduced by your percentage of fault, but they differ on when it wipes out the claim: never in California, above 50% in Texas, at 50% in Georgia. North Carolina bars recovery at any fault, with narrow exceptions. New York’s rule changed in 2026 for injury cases under the no-fault law. The fault-share calculator shows what a given percentage does in each state.

Small claims court for car damage

For smaller claims, such as damage to your car or an insurance deductible, small claims court lets you sue without a lawyer up to these limits:

StateSmall claims limitSource
California$12,500 ($6,250 for a business); lawyers can’t appear for youCalifornia Courts
Texas$20,000 (justice court)Gov’t Code § 27.031(a)(1)
Florida$8,000 (county court)Fla. Sm. Cl. R. 7.010(b)
New York$10,000 in New York City; $5,000 in other city courts; $3,000 in town and village courtsNYC Civ. Ct. Act, UCCA and UJCA § 1801
Pennsylvania$12,000 (magisterial district court)42 Pa.C.S. § 1515(a)(3)
Illinois$10,000Ill. S. Ct. R. 281
Ohio$6,000R.C. 1925.02(A)(1)
Georgia$15,000 (magistrate court)O.C.G.A. § 15-10-2(a)(5)
North Carolina$10,000 (magistrate)G.S. 7A-210
Michigan$7,000MCL 600.8401

What every state requires after a crash

Stop, check on anyone hurt, and give your name, address and vehicle information to the others involved — the exact details vary by state. Driving away is a crime in all 10 states: a misdemeanor in 9 of them when only property was damaged, and a felony in 4 when someone was hurt. See penalties when no one was hurt, the felony rules when someone was, and the details for Florida and Texas.

Frequently asked questions

What are the laws for car accidents?

Every state sets its own. The rules that matter most for a claim are whether the state is no-fault or at-fault, how much liability insurance drivers must carry, how your own share of the fault affects what you can recover, and how long you have to sue. Every state also makes it a crime to leave the scene without stopping and giving your information.

Is California a no-fault state?

No. California is an at-fault state: the driver who caused the crash, through their insurer, pays for the injuries and damage. Since 2025, policies there must carry at least $30,000 per person and $60,000 per crash for injuries and $15,000 for property.

Is Michigan a no-fault state?

Yes. Your own personal injury protection pays your medical bills up to the limit you chose, whoever caused the crash. You can sue the other driver for pain and suffering only for a death, a serious impairment of a body function or permanent serious disfigurement, and for car damage your own insurance doesn’t cover you can recover up to $3,000 from an at-fault driver.

Who pays for a car accident in a no-fault state?

Your own insurance pays your medical bills first, whoever caused the crash — that’s the personal injury protection required in no-fault states such as Florida, New York, Michigan. You can step outside that system and sue the other driver for pain and suffering only if your injury meets the state’s threshold.

How long do you have to file a lawsuit after a car accident?

In these 10 states, 2 or 3 years for an injury lawsuit: 2 in California, Texas, Florida, Pennsylvania, Illinois, Ohio and Georgia, and 3 in New York, North Carolina and Michigan. Insurance notice deadlines and claims against a city or state come much sooner, so don’t wait.

Keep going

Reviewed by

Morgan Hale, Editor. Writes about the financial side of injury claims — fees, liens, timelines and state rules — and checks every page against its sources before it’s published. Not a lawyer; “Morgan Hale” is a pen name. Editorial policy · How we calculate

Sources

  1. Background on: No-fault auto insurance (12 states and Puerto Rico; verbal thresholds; “choice” states) (Insurance Information Institute)
  2. California Vehicle Code § 16056 — Minimum liability: $30,000/$60,000/$15,000 for policies issued or renewed from 2025; higher from 2035 (FindLaw (California Vehicle Code))
  3. Small claims in California — $12,500 for individuals, $6,250 for businesses; no lawyers in court (Judicial Branch of California)
  4. Texas Transportation Code § 601.072 — Minimum coverage: $30,000/$60,000/$25,000 (FindLaw (Texas Transportation Code))
  5. Texas Government Code § 27.031(a)(1) — Justice court civil jurisdiction: up to $20,000 (FindLaw (Texas Government Code))
  6. Florida Statutes § 627.736(1) (2025) — PIP: $10,000 limit, 80% of medical expenses; initial care within 14 days (The Florida Senate)
  7. Florida Statutes § 627.737(2) — When you can sue for pain and suffering (permanent injury threshold) (FindLaw (Florida Statutes))
  8. Florida Statutes § 627.733 — Required security (PIP) for every registered motor vehicle (FindLaw (Florida Statutes))
  9. Florida Statutes § 324.022 — Property damage liability: $10,000 (FindLaw (Florida Statutes))
  10. Florida Small Claims Rules (July 1, 2026), Rule 7.010(b) — up to $8,000 (The Florida Bar)
  11. N.Y. Insurance Law § 5102(a), (d) — Basic economic loss up to $50,000; definition of serious injury (FindLaw (New York Insurance Law))
  12. N.Y. Insurance Law § 5104(a) — No recovery for non-economic loss except in the case of a serious injury (FindLaw (New York Insurance Law))
  13. N.Y. Vehicle and Traffic Law § 311(4)(a) — Minimum liability: $25,000/$50,000 ($50,000/$100,000 for death), $10,000 property (FindLaw (New York Vehicle and Traffic Law))
  14. New York City Civil Court Act § 1801 — Small claims up to $10,000 (New York State Senate)
  15. Uniform City Court Act § 1801 — Small claims up to $5,000 (New York State Senate)
  16. Uniform Justice Court Act § 1801 — Small claims up to $3,000 (town and village courts) (New York State Senate)
  17. 75 Pa.C.S. § 1705 — Limited tort and full tort options (FindLaw (Pennsylvania Consolidated Statutes))
  18. 75 Pa.C.S. § 1702 — Financial responsibility: $15,000/$30,000/$5,000 (FindLaw (Pennsylvania Consolidated Statutes))
  19. 42 Pa.C.S. § 1515(a)(3) — Magisterial district judges: civil claims up to $12,000 (FindLaw (Pennsylvania Consolidated Statutes))
  20. Auto Insurance Shopping Guide — Illinois minimums: $25,000/$50,000/$20,000; uninsured motorist $25,000/$50,000 (Illinois Department of Insurance)
  21. Illinois Supreme Court Rule 281 — Small claims up to $10,000 (Illinois Courts)
  22. Ohio Revised Code § 4509.51 — Minimum liability: $25,000/$50,000/$25,000 (FindLaw (Ohio Revised Code))
  23. Ohio Revised Code § 1925.02(A)(1) — Small claims division: up to $6,000 (FindLaw (Ohio Revised Code))
  24. O.C.G.A. § 40-9-37 — Liability minimums set at the amounts in § 33-7-11(a)(1)(A) ($25,000/$50,000/$25,000) (FindLaw (Official Code of Georgia))
  25. O.C.G.A. § 33-7-11 — Uninsured motorist coverage (unknown driver: physical contact or an eyewitness) (FindLaw (Official Code of Georgia))
  26. O.C.G.A. § 15-10-2(a)(5) — Magistrate court civil claims up to $15,000 (FindLaw (Official Code of Georgia))
  27. N.C. Gen. Stat. § 20-279.1(11) — Proof of financial responsibility: $50,000/$100,000/$50,000 (FindLaw (North Carolina General Statutes))
  28. N.C. Gen. Stat. § 7A-210 — Small claims (magistrates): up to $10,000 (FindLaw (North Carolina General Statutes))
  29. Michigan Compiled Laws § 500.3107c — PIP medical limit choices ($50,000 with Medicaid, $250,000, $500,000 or unlimited) (FindLaw (Michigan Insurance Code))
  30. Michigan Compiled Laws § 500.3135 — Tort liability limits under no-fault (noneconomic loss threshold; up to $3,000 vehicle damage) (FindLaw (Michigan Insurance Code))
  31. Michigan Compiled Laws § 500.3009 — Liability: $250,000/$500,000 unless you choose as low as $50,000/$100,000; $10,000 property (FindLaw (Michigan Insurance Code))
  32. Michigan Compiled Laws § 600.8401 — Small claims: $7,000 from January 1, 2024 (FindLaw (Michigan Revised Judicature Act))
  33. Li v. Yellow Cab Co., 13 Cal.3d 804 (1975) — California adopts “pure” comparative negligence (FindLaw (Supreme Court of California))
  34. Texas Civil Practice and Remedies Code § 33.001 — No recovery if the claimant is more than 50 percent responsible (FindLaw (Texas Civil Practice and Remedies Code))
  35. Florida Statutes § 768.81 (2025) — Comparative fault; no recovery if more than 50 percent at fault (The Florida Senate)
  36. New York CPLR § 1411 — Damages diminished by culpable conduct; 2026 bar for motor vehicle cases under Insurance Law article 51 (New York State Senate)
  37. 42 Pa.C.S. § 7102 — Comparative negligence (no recovery if the plaintiff’s negligence is greater than the defendants’) (FindLaw (Pennsylvania Judicial Code))
  38. 735 ILCS 5/2-1116 — Plaintiff barred if more than 50% of the proximate cause (FindLaw (Illinois Code of Civil Procedure))
  39. Ohio Revised Code § 2315.33 — Contributory fault doesn’t bar recovery unless greater than the others’ combined fault (FindLaw (Ohio Revised Code))
  40. O.C.G.A. § 51-12-33 — Damages reduced by fault; no recovery at 50 percent or more (FindLaw (Official Code of Georgia))
  41. Fault Lines: Understanding Negligence Doctrines (North Carolina’s contributory negligence rule and its exceptions) (UNC School of Government, On the Civil Side blog)
  42. Michigan Compiled Laws § 600.2959 — Comparative fault; no noneconomic damages if more than 50% at fault (FindLaw (Michigan Revised Judicature Act))
  43. California Code of Civil Procedure § 335.1 — Two years for injury to, or death of, an individual (FindLaw (California Code of Civil Procedure))
  44. California Code of Civil Procedure § 338(c)(1) — Three years for injuring goods or chattels (FindLaw (California Code of Civil Procedure))
  45. California Government Code § 911.2 — Six months to present a claim to a public entity for death or injury (FindLaw (California Government Code))
  46. Texas Civil Practice and Remedies Code § 16.003 — Two years for personal injury, property damage and wrongful death (FindLaw (Texas Civil Practice and Remedies Code))
  47. Florida Statutes § 95.11 (2025) — Limitations other than for the recovery of real property (The Florida Senate)
  48. New York CPLR § 214 — Three years for personal injury and injury to property (New York State Senate)
  49. New York EPTL § 5-4.1 — Wrongful death action within two years after the death (New York State Senate)
  50. 11 NYCRR § 65-1.1 — Mandatory no-fault endorsement (30-day notice; 45-day proof of claim for medical expenses) (Cornell Legal Information Institute)
  51. New York General Municipal Law § 50-e — Notice of claim within 90 days (New York State Senate)
  52. 42 Pa.C.S. § 5524 — Two years for personal injury, wrongful death and injury to personal property (FindLaw (Pennsylvania Judicial Code))
  53. 735 ILCS 5/13-202 — Two years for personal injury (FindLaw (Illinois Code of Civil Procedure))
  54. 735 ILCS 5/13-205 — Five years for injury to property (FindLaw (Illinois Code of Civil Procedure))
  55. 740 ILCS 180/2 — Wrongful death action within two years after the death (FindLaw (Illinois Wrongful Death Act))
  56. Ohio Revised Code § 2305.10(A) — Two years for bodily injury or injuring personal property (FindLaw (Ohio Revised Code))
  57. Ohio Revised Code § 2125.02(F)(1) — Wrongful death action within two years after the death (FindLaw (Ohio Revised Code))
  58. O.C.G.A. § 9-3-33 — Two years for injuries to the person (four for loss of consortium) (FindLaw (Official Code of Georgia))
  59. O.C.G.A. § 9-3-31 — Four years for injuries to personalty (FindLaw (Official Code of Georgia))
  60. N.C. Gen. Stat. § 1-52(4), (16) — Three years for personal injury and property damage (FindLaw (North Carolina General Statutes))
  61. N.C. Gen. Stat. § 1-53(4) — Two years for wrongful death, from the date of death (FindLaw (North Carolina General Statutes))
  62. Michigan Compiled Laws § 600.5805(2) — Three years for death or injury to a person or property (FindLaw (Michigan Revised Judicature Act))
  63. Michigan Compiled Laws § 500.3145(1) — One year to sue for PIP benefits unless notice was given or benefits paid (FindLaw (Michigan Insurance Code))
  64. Michigan Compiled Laws § 600.5852 — Personal representative may sue within 2 years after letters of authority; no more than 3 years after the period ran (FindLaw (Michigan Compiled Laws))
  65. California Vehicle Code § 20001 — Duty to stop after an accident causing injury or death; penalties (FindLaw (California Vehicle Code))
  66. California Vehicle Code § 20002 — Duties when only property is damaged, including unattended vehicles (FindLaw (California Vehicle Code))
  67. California Penal Code § 17 — Felonies, misdemeanors and crimes punishable either way (FindLaw (California Penal Code))
  68. Texas Transportation Code § 550.021 — Accident involving personal injury or death (FindLaw (Texas Transportation Code))
  69. Texas Transportation Code § 550.022 — Accident involving damage to a vehicle (FindLaw (Texas Transportation Code))
  70. Texas Penal Code § 1.07 — Definitions of “felony” and “misdemeanor” (FindLaw (Texas Penal Code))
  71. Florida Statutes § 316.027 (2025) — Crash involving death or personal injuries (The Florida Senate)
  72. Florida Statutes § 316.061 (2025) — Crashes involving damage to vehicle or property (The Florida Senate)
  73. New York Vehicle and Traffic Law § 600 — Leaving the scene of an incident without reporting (New York State Senate)
  74. 75 Pa.C.S. § 3742 — Accidents involving death or personal injury (FindLaw (Pennsylvania Vehicle Code))
  75. 75 Pa.C.S. § 3743 — Accidents involving damage to attended vehicle or property (FindLaw (Pennsylvania Vehicle Code))
  76. 625 ILCS 5/11-401 — Motor vehicle crashes involving death or personal injuries (FindLaw (Illinois Vehicle Code))
  77. 625 ILCS 5/11-402 — Motor vehicle crashes involving damage to a vehicle (FindLaw (Illinois Vehicle Code))
  78. Ohio Revised Code § 4549.02 — Stopping after an accident on public roads (FindLaw (Ohio Revised Code))
  79. O.C.G.A. § 40-6-270 — Duty of driver to stop at or return to the scene of an accident (FindLaw (Official Code of Georgia))
  80. N.C. Gen. Stat. § 20-166 — Duty to stop in the event of a crash (FindLaw (North Carolina General Statutes))
  81. Summer 2025 Motor Vehicle Law Changes (S.L. 2025-71 and G.S. 20-166, effective Dec. 1, 2025) (UNC School of Government, North Carolina Criminal Law blog)
  82. Michigan Compiled Laws § 257.617 — Accident resulting in serious impairment of a body function or death (FindLaw (Michigan Vehicle Code))
  83. Michigan Compiled Laws § 257.617a — Accident resulting in injury (FindLaw (Michigan Vehicle Code))
  84. Michigan Compiled Laws § 257.618 — Accident resulting in damage to an attended vehicle (FindLaw (Michigan Vehicle Code))

Not legal or financial advice. InjuryMath is not a law firm and does not sell or broker funding. This page gives general information based on the sources listed; your contracts and your state’s law control. For advice about your situation, talk to a licensed attorney in your state.