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Understanding No-Fault Insurance and Pedestrians

How no-fault insurance laws affect pedestrian accident claims in different states.


What Is No-Fault Insurance?

No-fault insurance means your own insurance pays for your injuries regardless of who caused the accident.

No-Fault States

The following states have no-fault insurance:
- Florida
- Hawaii
- Kansas
- Kentucky (choice)
- Massachusetts
- Michigan
- Minnesota
- New Jersey (choice)
- New York
- North Dakota
- Pennsylvania (choice)
- Utah

How It Works for Pedestrians

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Your Own Coverage
- If you have auto insurance, your PIP covers you
- If hit by a car, driver's insurance may cover you
- Health insurance as secondary coverage

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What PIP Covers
- Medical expenses
- Lost wages (percentage)
- Replacement services
- Funeral expenses

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Limits on Lawsuits
In no-fault states, you can only sue if:
- Injuries exceed a threshold (serious/permanent)
- Medical expenses exceed monetary threshold
- Death occurred

Verbal vs Monetary Thresholds

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Verbal Threshold States
Must prove serious injury:
- Significant disfigurement
- Permanent injury
- Bone fracture
- Loss of body function

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Monetary Threshold States
Medical expenses must exceed amount:
- Varies by state ($2,000-$5,000+)
- Once exceeded, can sue for all damages

Pedestrian-Specific Rules

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New York
- Pedestrians can get PIP from driver's insurance
- Can sue if serious injury threshold met

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Michigan
- Unlimited PIP benefits available
- Strong pedestrian protections

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Florida
- Must have your own PIP or health insurance
- Can sue for permanent injury

Key Takeaways

  • No-fault affects 12 states plus some choice states
  • PIP covers your injuries regardless of fault
  • Thresholds limit when you can file a lawsuit
  • Pedestrians have some special protections
  • An attorney can navigate these complex rules

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