Car Accident Laws: 50-State Survey

The elements of a car accident lawsuit are roughly the same from state to state. A victim usually must prove that a driver was negligent in causing a crash. This means that they failed to use the care that an ordinary, reasonable driver would have used in the circumstances. (Auto defect claims against a car manufacturer may involve different elements.) Damages also are similar across states, covering economic items such as medical expenses and lost wages in addition to non-economic items like pain and suffering.

However, certain legal issues related to car accidents vary considerably across states. These include the statute of limitations, which provides the time window for filing a lawsuit against anyone who was at fault. If a victim does not meet this deadline, they probably will lose their legal rights, even if they have a strong case and incurred substantial damages.

Separate Deadlines

The statute of limitations is not the same as the deadline for filing an insurance claim after an accident. A driver should check their policy to make sure that they understand this deadline.

When more than one driver was at fault for a crash, principles of comparative or contributory negligence may affect whether a victim can receive damages. A small handful of states are contributory negligence states. This means that a victim cannot recover any damages if they were at fault for an accident to any degree. At the opposite end of the spectrum, some states are pure comparative negligence states. This means that a victim can recover compensation from anyone else who was at fault, regardless of how much the victim was at fault. Their compensation will be reduced by their degree of fault.

Many states have adopted an intermediate approach to allocating fault, known as modified comparative negligence. This allows a victim to recover compensation reduced by their percentage of fault, as long as their percentage of fault does not exceed a certain threshold. If it does, they cannot recover compensation. Some states apply a “50 percent bar,” which means that a victim cannot recover damages if they were 50 percent or more at fault. Other states apply a “51 percent bar,” which means that a victim cannot recover damages if they were more than 50 percent at fault.

Auto insurance laws sometimes affect whether a victim can bring a lawsuit. Most states are “fault” states, which means that the right to sue is not restricted. However, nine states have fully implemented a “no-fault” system. These states require a consumer to get no-fault auto insurance, which covers various economic losses regardless of who caused the accident. However, no-fault insurance does not cover non-economic damages like pain and suffering. In a no-fault state, a car accident victim faces restrictions on the right to sue.

Three other states are “choice no-fault” states. These allow a consumer to opt out of the no-fault system and fully preserve their right to sue. Washington, D.C. has a unique system that does not fit into a category.

Add-on No-Fault

Some “fault” states allow or require drivers to purchase personal injury protection (PIP) or other forms of no-fault insurance. However, these are not technically considered no-fault states because there are no restrictions on lawsuits.

Drivers generally must carry certain minimum amounts of insurance coverage. Most often, these involve liability insurance for accidents caused by that driver. Some states require additional types of insurance, such as uninsured/underinsured motorist insurance. A driver should be aware that getting the minimum limits probably will not cover their liability after a crash resulting in injuries. Thus, they should strongly consider getting more coverage from their insurer.

Click on a state below for more information about legal issues related to car accidents, such as statutes of limitations, auto insurance, and comparative or contributory negligence.

Alabama

Fault or no-fault: Fault
Negligence theory: Contributory negligence
Statute of limitations: 2 years

Alabama auto insurance law requires drivers to carry at least $25,000 in coverage for bodily injury or death to one person in one accident and at least $50,000 for bodily injury or death to two or more people in one accident. Drivers also must carry at least $25,000 in coverage for the damage or destruction of property of others in one accident. Drivers are not required to carry uninsured/underinsured motorist coverage.

Alaska

Fault or no-fault: Fault
Negligence theory: Pure comparative negligence
Statute of limitations: 2 years

Alaska auto insurance law generally requires drivers to carry at least $50,000 in coverage for bodily injury or death to one person in one accident and $100,000 for bodily injury or death to two or more people in one accident. Drivers also must carry at least $25,000 in coverage for damage or destruction of property of others in one accident. However, auto insurance is not required in areas of Alaska where vehicle registration is not required. Drivers are not required to carry uninsured/underinsured motorist coverage.

Arizona

Fault or no-fault: Fault
Negligence theory: Pure comparative negligence
Statute of limitations: 2 years

Arizona auto insurance law generally requires drivers to carry at least $25,000 in coverage for bodily injury or death to one person in one accident and $50,000 for bodily injury or death to two or more people in one accident. Drivers also must carry at least $15,000 in coverage for damage or destruction of property of others in one accident. Drivers are not required to carry uninsured/underinsured motorist coverage.

Arkansas

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (50 percent bar)
Statute of limitations: 3 years

Arkansas auto insurance law generally requires drivers to carry at least $25,000 in coverage for bodily injury or death to one person in one accident and $50,000 for bodily injury or death to two or more people in one accident. Drivers also must carry at least $25,000 in coverage for damage or destruction of property of others in one accident. When a driver applies for liability coverage, they must be offered an opportunity to purchase coverage for uninsured motorist bodily injury and property damage, underinsured motorist coverage for bodily injury, and personal injury protection coverage.

California

Fault or no-fault: Fault
Negligence theory: Pure comparative negligence
Statute of limitations: 2 years

California auto insurance law provides that a driver generally must carry $15,000 in liability insurance for injury or death to one person and $30,000 for injury or death to more than one person. They also must carry $5,000 in property damage liability insurance. (State law provides other ways to establish financial responsibility, but these are rarely used.) An insurer must offer uninsured/underinsured motorist coverage, but a driver can choose not to buy it.

Colorado

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (50 percent bar)
Statute of limitations: 3 years

Colorado auto insurance law requires drivers to carry at least $25,000 in coverage for bodily injury or death to any one person in an accident and $50,000 for bodily injury or death to all persons in any one accident. Drivers also must carry at least $15,000 in coverage for property damage in any one accident. All insurers in the state must provide uninsured/underinsured motorist coverage in an amount equal to the policyholder’s current level of liability coverage for bodily injury, unless this coverage is waived by the policyholder in writing.

Connecticut

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (51 percent bar)
Statute of limitations: 2 years

Connecticut auto insurance law requires drivers to carry at least $25,000 in coverage per person per accident for bodily injury liability and $50,000 in coverage per accident for bodily injury liability. Drivers also must carry $25,000 in coverage per accident for property damage liability. In addition, they must carry uninsured/underinsured motorist coverage of at least $25,000 per person and $50,000 per accident. Drivers are urged to carry greater amounts.

Delaware

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (51 percent bar)
Statute of limitations: 2 years

Delaware auto insurance law provides that vehicles registered in the state must have the minimum liability insurance coverage of $25,000 per person per accident and $50,000 per accident for bodily injury liability, as well as $10,000 per accident for property damage. In addition, the state requires personal injury protection (PIP) coverage of at least $15,000 per person per accident and $30,000 per accident. Drivers are not required to carry uninsured/underinsured motorist coverage.

Florida

Fault or no-fault: No-fault
Negligence theory: Pure comparative negligence
Statute of limitations: 4 years

Florida auto insurance law provides that a vehicle with a current Florida registration must have a minimum of $10,000 in personal injury protection (PIP) coverage and a minimum of $10,000 in property damage liability (PDL) coverage. PIP coverage can account for 80 percent of necessary and reasonable medical expenses resulting from a covered injury, regardless of who caused the crash. It also can account for 60 percent of lost income and earning capacity from an inability to work. PDL coverage accounts for damage to someone else’s property. Uninsured or underinsured motorist coverage is not required. A car accident victim must meet certain statutory requirements to sue for non-economic damages.

Georgia

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (50 percent bar)
Statute of limitations: 2 years

Georgia auto insurance law requires drivers to have liability insurance that meets the minimum limits. These are $25,000 per person and $50,000 per incident for bodily injury liability, as well as $25,000 per incident for property damage liability. Physical damage coverage is not required by state law, and uninsured motorist insurance also is not required, although it is recommended.

Hawaii

Fault or no-fault: No-fault
Negligence theory: Modified comparative negligence (51 percent bar)
Statute of limitations: 2 years

Hawaii auto insurance law provides that a driver must carry $10,000 per person in personal injury protection (PIP) benefits. They also must carry $20,000 per person and $40,000 per accident in bodily injury liability insurance, as well as $10,000 per occurrence in property damage liability insurance. Uninsured or underinsured motorist insurance is not required. Hawaii has abolished tort liability (the right to sue) unless certain statutory requirements are met.

Idaho

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (50 percent bar)
Statute of limitations: 2 years

Idaho auto insurance law requires that drivers maintain a minimum of $25,000 per person and $50,000 per accident in bodily injury coverage. They also must maintain a minimum of $15,000 in property damage liability coverage. Insurance companies must provide uninsured motorist bodily injury coverage and underinsured motorist bodily injury coverage, unless a named insured has rejected the coverages in writing.

Illinois

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (51 percent bar)
Statute of limitations: 2 years

Illinois auto insurance law provides that a driver must have liability insurance in the amounts of $25,000 for injury or death of one person in an accident and $50,000 for injury or death of more than one person in an accident. They also must have $20,000 in coverage for damage to property of another person. Liability insurance policies automatically include uninsured motorist coverage at the legal minimum requirements for bodily injury or death.

Indiana

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (51 percent bar)
Statute of limitations: 2 years

Indiana auto insurance law requires that drivers maintain a minimum of $25,000 in coverage for bodily injury or death to one individual and $50,000 for bodily injury or death to two or more individuals in any one accident. They also must maintain a minimum of $25,000 in coverage for damage or destruction of property in one accident. Each newly written Indiana auto liability policy must include uninsured and underinsured motorist coverage unless the driver rejects it in writing. The minimum liability limits are $25,000 per person per accident and $50,000 per accident in bodily injury uninsured motorist coverage, $25,000 in property damage uninsured motorist coverage, and $50,000 in bodily injury underinsured motorist coverage.

Iowa

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (51 percent bar)
Statute of limitations: 2 years

Iowa auto insurance law requires that drivers maintain a minimum of $20,000 in coverage for bodily injury or death to one person in any one accident, as well as $40,000 in coverage for bodily injury or death to two or more people in any one accident. Drivers also must maintain a minimum of $15,000 for damage or destruction of property of others in any one accident. The Iowa Automobile Insurance Plan may give a driver access to coverage if they cannot get coverage in the voluntary market. A driver is not required to carry uninsured/underinsured motorist coverage.

Kansas

Fault or no-fault: No-fault
Negligence theory: Modified comparative negligence (50 percent bar)
Statute of limitations: 2 years

Kansas auto insurance law requires that every automobile insurance policy sold in Kansas must provide certain minimum coverages. For liability coverage, these amounts are $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 per accident for property damage. For uninsured/underinsured motorist coverage, the required amounts are $25,000 per person and $50,000 per accident.

For personal injury protection (PIP) coverage, the minimum amounts required by law are $4,500 per person for medical expenses, $900 per month for one year for disability or loss of income, $25 per day for in-home services, $2,000 for funeral, burial, or cremation expenses, and $4,500 for rehabilitation expenses. A car accident victim must meet certain statutory requirements to sue for non-economic damages.

Kentucky

Fault or no-fault: Choice no-fault
Negligence theory: Pure comparative negligence
Statute of limitations: 2 years

Kentucky auto insurance law provides that owners of motor vehicles must carry liability coverage of $25,000 for claims for bodily injury damages sustained by one person, as well as $50,000 for bodily injury damages sustained by all persons as a result of an accident. A driver also must carry $25,000 for all property damage as a result of any one accident. A policy with a single limit of $60,000 also meets these requirements. A policy must provide basic reparations benefits. A driver is not required to carry uninsured motorist coverage.

Basic personal injury protection (PIP) coverage is required on all motor vehicles except motorcycles. This coverage provides up to $10,000 per person per accident for medical expenses, lost wages, and similar out-of-pocket costs. Everyone who uses a motor vehicle in Kentucky is deemed to have accepted limitations on their rights to sue and be sued, also known as tort rights. This prevents them from suing an at-fault party after an accident unless their injuries meet certain statutory requirements. However, an individual may reject the limitations on their tort rights in writing on a special form that must be filed with the Department of Insurance. If a no-fault rejection form is on file, that person is not entitled to receive basic PIP benefits. A car accident victim who did not opt out of the no-fault system must meet certain statutory requirements to sue for non-economic damages.

Louisiana

Fault or no-fault: Fault
Negligence theory: Pure comparative negligence
Statute of limitations: 1 year

Louisiana auto insurance law requires a driver to carry liability coverage on any car that they own. The liability limits are $15,000 in coverage for bodily injury to one person, $30,000 for bodily injury to more than one person in a single accident, and $25,000 for damage to someone else’s vehicle or other property. Drivers are not required to purchase uninsured/underinsured motorist coverage.

Maine

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (50 percent bar)
Statute of limitations: 6 years

Maine auto insurance law requires a driver to carry $50,000 in coverage per person and $100,000 per accident for bodily injury, as well as $25,000 for property damage. Alternatively, they can carry a combined single limit of $125,000. In addition, a driver must carry at least $2,000 per person in medical payments coverage and uninsured/underinsured motorist coverage at a minimum of $50,000 per person and $100,000 per accident.

Maryland

Fault or no-fault: Fault
Negligence theory: Contributory negligence
Statute of limitations: 3 years

Maryland auto insurance law requires a driver to carry bodily injury coverage of $30,000 per person per accident and $60,000 total per accident. Each driver also must carry property damage coverage in the amount of $15,000 per accident. In addition, a driver must carry uninsured motorist coverage in the same amounts.

Massachusetts

Fault or no-fault: No-fault
Negligence theory: Modified comparative negligence (51 percent bar)
Statute of limitations: 3 years

Massachusetts auto insurance law makes four types of coverage compulsory. A driver must have at least $20,000 per person and $40,000 per accident in bodily injury liability coverage. They also must have personal injury protection (PIP) coverage, which accounts for medical expenses, up to 75 percent of lost wages, and replacement services up to an $8,000 limit. In addition, a driver must have at least $20,000 per person and $40,000 per accident in uninsured motorist bodily injury coverage. Finally, they must have at least $5,000 in property damage liability coverage. A car accident victim must meet certain statutory requirements to sue for non-economic damages.

Michigan

Fault or no-fault: No-fault
Negligence theory: Pure comparative negligence for economic damages; modified comparative negligence (51 percent bar) for non-economic damages
Statute of limitations: 3 years

Michigan auto insurance law provides that three types of coverage must be carried on every vehicle: personal injury protection, property protection, and residual bodily injury and property damage liability. Personal injury protection (PIP) coverage will pay all reasonable and necessary medical expenses for a lifetime, up to the maximum coverage amount selected in the policy, as well as wage loss and replacement services for up to three years after the accident. Each individual can choose their PIP medical limit on their auto policy, which covers allowable expenses for medical care, recovery, and rehabilitation. A car accident victim must meet certain statutory requirements to sue for non-economic damages.

Property protection (PPI) coverage pays up to $1 million for damage done by the policyholder’s car to the property of other people, although it will not pay for damage to cars of other people unless they were properly parked.

The default bodily injury and property damage liability coverage limits are $250,000 per person, $500,000 per accident, and $10,000 for property damage in another state. The lowest coverage limits that may be purchased are $50,000, $100,000, and $10,000, respectively.

Minnesota

Fault or no-fault: No-fault
Negligence theory: Modified comparative negligence (51 percent bar)
Statute of limitations: 6 years

Minnesota auto insurance law requires all licensed vehicles to have personal injury protection, liability, uninsured, and underinsured coverage. A driver must have personal injury protection (PIP) coverage of at least $40,000 per person per accident, including $20,000 for hospital and medical expenses and $20,000 for non-medical expenses, such as lost wages and replacement services. In addition, a driver must have liability coverage in the amounts of $30,000 for injuries to one person, $60,000 for injuries to two or more people, and $10,000 for physical damage to another driver’s vehicle or damage to property.

A driver also must have uninsured coverage in the amounts of $25,000 for injuries to one person and $50,000 for injuries to two or more people, as well as underinsured coverage in the amounts of $25,000 for injuries to one person and $50,000 for injuries to two or more people.

A car accident victim must meet certain statutory requirements to sue for non-economic damages. For example, they can recover these damages if they suffered permanent disfigurement, permanent injury, or disability for 60 days or more.

Mississippi

Fault or no-fault: Fault
Negligence theory: Pure comparative negligence
Statute of limitations: 3 years

Mississippi auto insurance law provides that a driver must carry liability insurance in the amount of $25,000 per person per accident and $50,000 per accident for bodily injury. They also must carry $25,000 per accident for property damage. Uninsured/underinsured motorist coverage is not required. With some exceptions, each motor vehicle operated in Mississippi must have an insurance card maintained in the vehicle as proof of liability insurance.

Missouri

Fault or no-fault: Fault
Negligence theory: Pure comparative negligence
Statute of limitations: 5 years

Missouri auto insurance law provides that a driver must carry liability insurance in the amount of $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 per accident for property damage. In addition, they must carry uninsured motorist coverage of $25,000 for bodily injury per person and $50,000 for bodily injury per accident. Vehicle owners must show proof of insurance when registering a vehicle and renewing their license plates.

Montana

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (51 percent bar)
Statute of limitations: 3 years

Montana auto insurance law provides that a vehicle operated on public roads must be insured by a liability insurance policy that meets certain minimum coverage limits. These are $25,000 for bodily injury or death to one person in one accident, $50,000 for bodily injury or death to two or more people in one accident, and $20,000 for damage or destruction of property of others in one accident. A driver is not required to carry uninsured or underinsured motorist coverage.

Nebraska

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (50 percent bar)
Statute of limitations: 4 years

Nebraska auto insurance law provides that a driver must carry liability coverage of at least $25,000 for bodily injury or death to one person in one accident and $50,000 for bodily injury or death to two or more persons in one accident. They also must carry at least $25,000 in coverage for damage or destruction of property of others in one accident. In addition, Nebraska requires a driver to carry uninsured/underinsured motorist coverage of at least $25,000 for bodily injury or death to one person in one accident and $50,000 for bodily injury or death to two or more persons in one accident.

Nevada

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (51 percent bar)
Statute of limitations: 2 years

Nevada auto insurance law provides that a driver must carry liability coverage of at least $25,000 for bodily injury or death per person, $50,000 for bodily injury or death per accident, and $20,000 for property damage. A driver is not required to purchase uninsured or underinsured motorist coverage.

New Hampshire

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (51 percent bar)
Statute of limitations: 3 years

New Hampshire does not require all drivers to buy auto insurance. If a driver gets insurance, the minimum limits available for liability coverage are $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $25,000 for property damage per accident. If a driver buys auto insurance for personal use, they also must buy at least $1,000 of medical payments coverage. (This covers medical expenses incurred as a result of an accident, regardless of who is at fault.) In addition, a driver who buys New Hampshire auto insurance also must purchase uninsured motorist coverage. This must be provided at limits equal to liability coverage.

New Jersey

Fault or no-fault: Choice no-fault
Negligence theory: Modified comparative negligence (51 percent bar)
Statute of limitations: 2 years

New Jersey auto insurance options are divided into two types of policies: Standard and Basic. Most drivers choose the Standard Policy. This provides bodily injury liability coverage in minimum amounts of $15,000 per person and $30,000 per accident, property damage liability coverage in a minimum amount of $5,000 per accident, and personal injury protection (PIP) coverage in a minimum amount of $15,000 per person or accident. (PIP coverage may extend up to $250,000 for certain injuries regardless of the selected limit.) Uninsured/underinsured motorist coverage is available up to the amounts selected for liability coverage.

The Basic Policy provides $5,000 per accident in property damage liability coverage and $15,000 per person per accident in PIP coverage. (Again, $250,000 may be provided for certain injuries.) Bodily injury liability coverage is not included, although a small amount is available as an option. Uninsured/underinsured motorist coverage is not included.

Drivers who choose the Standard Policy must decide whether they would prefer an unlimited right to sue (No Limitation on Lawsuit) or a limited right to sue (Limitation on Lawsuit). Retaining an unlimited right to sue allows them to sue a person who caused an accident for pain and suffering for any injury. Choosing a limited right to sue, which is cheaper, means that they cannot sue a person who caused an accident for non-economic damages unless they meet certain statutory requirements. (They can still sue for economic damages.) Drivers who choose the Basic Policy are automatically subject to a limited right to sue.

New Mexico

Fault or no-fault: Fault
Negligence theory: Pure comparative negligence
Statute of limitations: 3 years

New Mexico auto insurance law provides that drivers must operate their motor vehicles with a minimum of liability insurance. The minimum amounts required are $25,000 for bodily injury or death to one person, $50,000 for bodily injury or death to two or more persons, and $10,000 for property damage in any one accident. Uninsured/underinsured motorist coverage is not required.

New York

Fault or no-fault: No-fault
Negligence theory: Pure comparative negligence
Statute of limitations: 3 years

New York auto insurance law requires drivers to purchase three types of insurance: no-fault (personal injury protection), liability, and uninsured motorist. Basic no-fault auto insurance coverage includes reasonable and necessary accident-related medical and rehabilitation expenses, as well as 80 percent of lost earnings (up to a monthly maximum) for up to three years after the accident and up to $25 per day to reimburse other reasonable and necessary expenses for up to a year after the accident. The basic no-fault limit is $50,000. A car accident victim must meet the statutory definition of a serious injury to sue for non-economic damages.

A driver must carry a minimum in bodily injury liability coverage of $25,000 for bodily injury not resulting in death and $50,000 for injury resulting in death sustained by one person in one accident. They also must carry $50,000 for bodily injury not resulting in death and $100,000 for injury resulting in death sustained by two or more people in any one accident. The minimum limit for property damage liability coverage is $10,000 per accident.

Mandatory uninsured motorist coverage applies to bodily injuries due to accidents occurring in New York State. The amount of uninsured motorist protection that must be provided is the same minimum bodily injury limits as required for liability insurance.

North Carolina

Fault or no-fault: Fault
Negligence theory: Contributory negligence
Statute of limitations: 3 years

North Carolina auto insurance law provides that drivers must carry $30,000 in liability coverage for bodily injury or death to one person in one accident and $60,000 for bodily injury or death to two or more persons in one accident. Drivers also must carry $25,000 in liability coverage for damage or destruction to property of others in one accident. In addition, North Carolina requires drivers to carry uninsured motorist coverage, subject to the same minimums.

North Dakota

Fault or no-fault: No-fault
Negligence theory: Modified comparative negligence (50 percent bar)
Statute of limitations: 6 years

North Dakota auto insurance law provides that drivers must carry $25,000 per person and $50,000 per accident in bodily injury liability coverage. They also must carry $25,000 per accident in property damage liability coverage. In addition, a driver must carry $25,000 per person and $50,000 per accident in uninsured motorist coverage. Underinsured motorist coverage must be equal to uninsured motorist coverage. Finally, a driver must carry $30,000 per person in basic no-fault coverage, or personal injury protection (PIP) coverage. A car accident victim must meet the statutory definition of a serious injury to sue for non-economic damages.

Ohio

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (51 percent bar)
Statute of limitations: 2 years

Ohio auto insurance law provides that drivers must carry $25,000 for injury or death to one person in one accident and $50,000 for injury or death to two or more people in one accident. They also must carry $25,000 for property damage in an accident. A vehicle owner may not allow another person to drive their vehicle without insurance. Uninsured or underinsured motorist insurance is not required.

Oklahoma

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (51 percent bar)
Statute of limitations: 2 years

Oklahoma auto insurance law provides that drivers must carry $25,000 of bodily injury protection per person and $50,000 per accident. They also must carry $25,000 of property damage protection. The Oklahoma Insurance Department recommends purchasing greater amounts. Uninsured or underinsured motorist coverage is not required.

Oregon

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (51 percent bar)
Statute of limitations: 2 years

Oregon auto insurance law provides that drivers must carry bodily injury liability coverage in the amounts of $25,000 per person and $50,000 per accident. They also must carry property damage liability coverage in the amount of $20,000 per accident for damage to the property of others. In addition, a driver must carry uninsured motorist insurance in the amounts of $25,000 per person and $50,000 per accident. Finally, although Oregon is not a no-fault state, a driver must carry $15,000 per person in personal injury protection (PIP) coverage.

Pennsylvania

Fault or no-fault: Choice no-fault
Negligence theory: Modified comparative negligence (51 percent bar)
Statute of limitations: 2 years

Pennsylvania auto insurance law requires a driver to carry liability insurance in the amount of $15,000 for injury or death to one person in an accident, $30,000 for injury or death to more than one person in an accident, and $5,000 for damage to property of another person. A driver also must carry $5,000 in medical benefits coverage. Uninsured or underinsured motorist coverage is not required.

A consumer purchasing auto insurance in Pennsylvania can choose between a limited tort option and a full tort option. The limited tort option limits the right to seek compensation for injuries caused by other drivers. A person covered by this policy can seek recovery for medical and other out-of-pocket expenses, but not for pain and suffering or other non-monetary damages unless the injuries meet the definition of “serious injury” under the policy, or unless another exception applies. The full tort option, which is more expensive, allows a consumer to maintain an unrestricted right to seek compensation for injuries caused by other drivers. (In other words, they can seek recovery not only for medical and other out-of-pocket expenses but also for pain and suffering and other non-monetary damages as a result of injuries caused by other drivers.)

Rhode Island

Fault or no-fault: Fault
Negligence theory: Pure comparative negligence
Statute of limitations: 3 years

Rhode Island auto insurance law provides that a driver must carry bodily injury liability coverage in the amounts of $25,000 per person and $50,000 per accident. Rhode Island also requires a driver to carry $25,000 per accident for property damage. A driver may decline to purchase uninsured/underinsured motorist coverage if they choose to buy only minimum limits of bodily injury and property damage liability as required by law.

South Carolina

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (51 percent bar)
Statute of limitations: 3 years

South Carolina auto insurance law requires a driver to carry $25,000 per person for bodily injury and $50,000 for all persons injured in one accident. A driver also must carry $25,000 for all property damage in one accident. In addition, a driver must carry uninsured motorist coverage equal to the minimum amounts of liability coverage (25/50/25). A driver is not required to purchase underinsured motorist coverage.

South Dakota

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (negligence of plaintiff must have been “slight” in comparison with defendant’s negligence)
Statute of limitations: 3 years

South Dakota auto insurance law requires a driver to carry at least $25,000 in bodily injury liability insurance per person and $50,000 in total bodily injury liability per accident. They also must carry $25,000 in property damage liability per accident. Uninsured motorist coverage is required as well, subject to the same minimums as bodily injury liability.

Tennessee

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (50 percent bar)
Statute of limitations: 1 year

Tennessee auto insurance law generally requires a driver to carry at least $25,000 in liability car insurance for each injury or death per accident and $50,000 for total injuries or deaths per accident. A driver also must carry $15,000 for property damage per accident. Uninsured or underinsured motorist coverage is not required.

Texas

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (51 percent bar)
Statute of limitations: 2 years

Texas auto insurance law requires a driver to carry at least $30,000 of coverage for injuries per person, up to a total of $60,000 per accident. They also must carry $25,000 of coverage for property damage. Uninsured or underinsured motorist coverage is not required. All auto policies include personal injury protection (PIP) coverage, but a driver can reject this coverage in writing, as with UM/UIM coverage.

Utah

Fault or no-fault: No-fault
Negligence theory: Modified comparative negligence (50 percent bar)
Statute of limitations: 4 years

Utah auto insurance law requires a driver to carry $25,000 per person in bodily injury liability coverage and $65,000 for two or more persons for bodily injury liability. A driver also must carry $15,000 for property damage liability. In addition, they must carry $3,000 per person in personal injury protection (PIP) coverage. Uninsured/underinsured motorist coverage is not required. A car accident victim must meet certain statutory requirements to sue for non-economic damages.

Vermont

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (51 percent bar)
Statute of limitations: 3 years

Vermont auto insurance law requires a driver to carry $25,000 per person in bodily injury liability coverage and $50,000 for two or more persons killed or injured in an accident. They also must carry $10,000 for damage to property in any one accident. In addition, a driver must carry uninsured motorist coverage of $50,000 per person and $100,000 total per accident. UM/UIM coverage for property damage must be sufficient to indemnify a claim for damages to which the claimant is legally entitled of no more than $10,000 per claim.

Virginia

Fault or no-fault: Fault
Negligence theory: Contributory negligence
Statute of limitations: 2 years

For policies effective before January 1, 2022, Virginia auto insurance law requires that a driver carry bodily injury liability coverage in the amount of $25,000 for injury or death to one person and $50,000 for injury or death to two or more people. They also must carry $20,000 in property damage liability coverage. For policies effective between January 1, 2022 and December 31, 2024, the bodily injury liability minimums increase to $30,000 per person and $60,000 per accident. For policies effective on or after January 1, 2025, the bodily injury liability minimums will increase to $50,000 per person and $100,000 per accident. The property damage liability minimum will increase to $25,000. A motor vehicle owner may register an uninsured motor vehicle if they pay a $500 uninsured motor vehicle fee to the DMV in addition to normal registration fees.

Washington

Fault or no-fault: Fault
Negligence theory: Pure comparative negligence
Statute of limitations: 3 years

Washington auto insurance law generally requires a driver to carry liability insurance with limits of at least $25,000 for injuries or death to another person and $50,000 for injuries or death to all other people. They also must carry liability insurance of at least $10,000 for damage to another person’s property. (The law provides certain alternatives for drivers who do not want to purchase insurance, but these are rarely used.) Uninsured motorist coverage is not required.

Washington, D.C.

Fault or no-fault: “Double choice” no-fault
Negligence theory: Contributory negligence, except for pedestrians and cyclists (modified comparative negligence with 51 percent bar)
Statute of limitations: 3 years

Washington, D.C. auto insurance law requires a driver to maintain minimum, continuous insurance liability coverage. A driver must have third-party liability coverage in the amounts of $25,000 per person and $50,000 per accident, as well as $10,000 in property damage liability coverage. They also must have uninsured motorist bodily injury coverage in the amounts of $25,000 per person and $50,000 per accident, as well as $5,000 in uninsured motorist property damage coverage.

An insurer must offer optional personal injury protection (PIP) insurance to each person required to have insurance. A victim who has this coverage must notify the PIP insurer within 60 days of an accident of their election to receive PIP benefits. In other words, an individual can first choose whether to get PIP benefits and then choose whether to receive them after an accident. If they choose to receive them, they may maintain a civil action based on liability of another person only if certain statutory requirements are met.

West Virginia

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (51 percent bar)
Statute of limitations: 2 years

West Virginia auto insurance law provides that the current minimum amount of coverage required for a driver in the state is $25,000 for one accident with one injury and $50,000 for one accident with two or more injuries. The minimum amount of coverage is $25,000 for property damage. Uninsured motorist coverage is also required, subject to the same minimums.

Wisconsin

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (51 percent bar)
Statute of limitations: 3 years

Wisconsin auto insurance law provides that the minimum liability coverage amounts for bodily injury are $25,000 for the injury or death of one person and $50,000 for the injury or death of more than one person. A driver also must carry $10,000 in property damage liability coverage. Wisconsin law further requires uninsured motorist coverage with a minimum limit of $25,000 for one person and $50,000 for two or more people for bodily injury coverage.

Wyoming

Fault or no-fault: Fault
Negligence theory: Modified comparative negligence (51 percent bar)
Statute of limitations: 4 years

Wyoming auto insurance law provides that any person who drives on a roadway maintained for public use in Wyoming must carry bodily injury liability insurance of at least $25,000 per person and $50,000 per accident. They also must carry $20,000 in property damage liability insurance. Uninsured or underinsured motorist coverage is not required.

Last reviewed November 2022

Car Accidents Legal Center Contents

Related Areas