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.
Learn more: Uninsured motorist claims · Personal injury claims
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