By 1974, with the considerable resources of the insurance industry in support, nineteen states had enacted some form of limited no-fault, beginning with Massachusetts in 1971.5 At its peak, twenty-four states had adopted no-fault laws. The laws were hardly uniform, however. Sixteen states instituted a mandatory no-fault system. In mandatory no-fault states, lawsuits seeking compensation for human pain and suffering are permitted for injuries meeting a certain threshold, the definition of which may vary considerably from state to state. States with "monetary" thresholds require the victim to demonstrate that his damages exceed a specific dollar amount in order to access the tort system to obtain human pain and suffering damages.
States with "verbal" thresholds permit such lawsuits only if the injured party can demonstrate a defined level of injury, such as "serious and permanent." Finally, eight states utilize hybrid systems, in which "no-fault" coverage supplements the required third party liability insurance.6 In these "add-on" states, there are no limits on lawsuits. All present no-fault systems permit recourse to the courts against at-fault drivers for payment of economic losses in excess of the no-fault benefits. No state has adopted a "pure" no-fault system, which completely bars access to the tort system.
Only the District of Columbia has adopted a no-fault law since 1976 and six states have repealed their mandatory no-fault laws. Presently, there are only about ten mandatory no-fault jurisdictions.
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Nevada: effective 1974; repealed 1980
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