Quick answer
After a crash, several auto insurance coverages can pay for a head injury. Bodily injury liability pays for injuries the policyholder causes to others; MedPay and personal injury protection (PIP) pay the policyholder’s own medical bills regardless of who caused the crash.[1] In the 12 no-fault states and Puerto Rico, injured people generally turn first to their own PIP and can sue the at-fault driver only if the injury meets a state threshold.[2]
The coverages that pay for injuries
Bodily injury liability
Pays for injuries the policyholder causes to other people.[1]
Medical payments (MedPay)
Covers medical and funeral expenses for the policyholder, passengers or family members hurt in a crash, “no matter who is responsible.”[1]
Personal injury protection (PIP)
Pays medical bills, lost wages and other related expenses, including funeral expenses, “regardless of who is at fault.”[1]
Uninsured/underinsured motorist
Pays when a crash is caused by an uninsured driver, “including hit-and-runs,” or by a driver who lacks adequate coverage.[1]
No-fault states
The III lists 12 states with no-fault auto insurance laws: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah, plus Puerto Rico.[2] In these states, PIP pays for the policyholder’s injuries regardless of fault, and the right to sue the other driver for pain and suffering is limited to cases that cross a threshold.[2]
Verbal thresholds
Florida, Michigan, New Jersey, New York and Pennsylvania describe the threshold in words, based on the seriousness of the injury.[2]
Monetary thresholds
Hawaii, Kansas, Kentucky, Massachusetts, Minnesota, North Dakota and Utah use a dollar amount of medical expenses.[2]
The III also identifies New Jersey, Pennsylvania and Kentucky as “choice” states, where drivers can reject the no-fault limitations on lawsuits.[2]
How head injuries fit
Threshold rules can matter in head injury cases because a concussion may not appear on imaging. NINDS notes that current imaging and other tests “can’t always detect damage from mild, concussive injuries.”[3] Where a verbal threshold depends on the seriousness of an injury, the medical documentation of symptoms and their effect on daily life can become central. See proving a head injury.
Symptoms after the claim is reported
The CDC states that some mild TBI and concussion symptoms “may not appear for hours or days after the injury.”[4] A head injury may therefore not be listed in an initial crash report or the first claim notice. See delayed symptoms.
How the coverages interact
In a fault state, an injured person may use MedPay for early bills and then make a liability claim against the at-fault driver. If the at-fault driver’s limits are too low, underinsured motorist coverage may apply.[1] The specific order of payment, offsets and reimbursement rules depend on the policy language and state law.
Frequently asked questions
Does MedPay depend on who caused the crash?
No. The III says MedPay pays no matter who is responsible.[1]
Which states are no-fault?
The III lists Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah, plus Puerto Rico.[2]
Can I sue the other driver in a no-fault state?
Only if the injury meets the state threshold, which is either a description of serious injury (verbal) or a dollar amount of medical expenses (monetary).[2]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- Insurance Information Institute. “What is covered by a basic auto insurance policy?” https://www.iii.org/article/what-covered-basic-auto-insurance-policy
- Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
- National Institute of Neurological Disorders and Stroke. “Traumatic Brain Injury (TBI).” https://www.ninds.nih.gov/health-information/disorders/traumatic-brain-injury-tbi
- Centers for Disease Control and Prevention. “Symptoms of Mild TBI and Concussion.” https://www.cdc.gov/traumatic-brain-injury/signs-symptoms/index.html
Sources last checked: October 11, 2026
