Your car insurance usually does not pay you for pain and suffering unless you live in a no fault state and have personal injury protection that allows such claims. Pain and suffering payments most often come from the at fault driver’s insurance, not your own. Car insurance laws in the United States separate economic losses and non economic losses. Economic losses include medical bills and lost income. Non economic losses include pain, emotional stress, anxiety, and loss of quality of life. The insurance company of the driver who caused the accident can pay for these non economic damages through bodily injury liability coverage. If the other driver is at fault, you can file a claim and request payment. In some states, you must meet a medical threshold before you qualify for pain and suffering compensation.
If you caused the accident, your own insurance will not pay you for pain and suffering. Your liability coverage protects others, not you. Only personal injury protection can help in no fault states. In a no fault system, each driver files a claim with their own insurance, no matter who caused the accident. Personal injury protection may pay for some non economic losses if state rules allow it. The limits and guidelines vary across the country. Many drivers do not know these rules until they speak with an insurer after a crash. Drivers should also understand how claims work, how medical records support non economic damage claims, and how insurers calculate compensation. The strength of your evidence affects the payout. Pain and suffering are not automatic. They require proof. This guide explains exactly when you can receive these payments, how claims work, and what insurance covers in different accident scenarios. It also connects to related insurance topics such as accident claims, policy limits, and how insurers respond when claims exceed limits.
What Pain and Suffering Means in Car Insurance Claims?
Pain and suffering refers to the non economic impacts of an accident. These include
- Physical pain
- Stress
- Anxiety
- Emotional trauma
- Loss of enjoyment of daily life
- Long term discomfort
- Mental health effects
These losses do not have a fixed dollar value. Unlike medical bills, they cannot be measured easily. Insurance companies use medical evidence, treatment history, and severity of injuries to estimate the value of non economic damages.
When Car Insurance Pays for Pain and Suffering?
Car insurance only pays for pain and suffering in the following situations
The other driver caused the accident
If another driver is at fault, their bodily injury liability coverage can pay for your pain and suffering. This is the most common situation. You must prove that the other driver caused the accident and that you suffered measurable non economic harm.
You live in a no fault state
No fault states require drivers to file claims with their own insurer. Personal injury protection may offer limited payment for non economic harm. The rules differ by state. Some states do not allow pain and suffering claims unless injuries meet a serious threshold.
You meet medical or legal requirements
Some states require
- A certain amount of medical bills
- A specific type of injury
- A permanent injury or disability
Only then can you request pain and suffering compensation.
When Your Own Insurance Will Not Pay for Pain and Suffering?
Your own insurance will not pay for pain and suffering when
- You caused the accident
- You only have liability insurance
- Your state bars pain and suffering under personal injury protection
- Your policy does not include non economic benefits
Liability insurance protects others. It never pays you for your discomfort, pain, or mental stress. If you want broader protection, you may choose medical payments coverage or personal injury protection, but these still have limits.
How the At Fault Driver’s Insurance Pays for Pain and Suffering?
The at fault driver’s insurer is responsible for paying non economic damages. They evaluate
- Medical treatment records
- Pain levels documented by doctors
- Length of recovery
- Missed work
- Personal statements
- Witness statements
The insurer uses this information to estimate the value of pain and suffering. A common practice is to multiply the medical costs by a number based on the severity of the injury. More severe injuries lead to higher values.
How No Fault Insurance Affects Pain and Suffering Payments?
In a no fault state, your own insurer pays for medical costs through personal injury protection. Pain and suffering claims may only be allowed if you meet the serious injury threshold. This means
- Permanent injury
- Permanent scarring
- Major loss of movement
- Major medical costs
If the injuries do not meet the threshold, you cannot request pain and suffering compensation.
When Pain and Suffering Is Covered?
| Situation | Will Insurance Pay You | Who Pays |
| The other driver is at fault | Yes | Their liability insurance |
| You live in a no fault state and meet the threshold | Yes | Your personal injury protection or the other driver’s insurance |
| You caused the accident | No | No payment for pain and suffering |
| You only have liability insurance | No | Liability pays others, not you |
| You have medical payments coverage | Sometimes for medical costs only | Does not cover pain and suffering |
How Claim Value for Pain and Suffering Is Calculated?
Insurance companies use many factors
- Injury severity
- Length of treatment
- Medical bills
- Impact on daily life
- Emotional distress indicators
- Long term disability
- Doctor statements
A common multiplier method is used. If your medical bills are higher and your recovery is longer, your pain and suffering value is higher. Minor injuries may not qualify at all in some states.
Evidence Needed to Support Pain and Suffering Claims
To increase your chance of payment, you should collect
- Medical bills
- Treatment notes
- Photos of injuries
- Proof of missed work
- Witness statements
- Police report
- Personal journal entries about your pain
A complete file improves your claim strength. Insurers rely on documentation, not assumptions.
How Pain and Suffering Relates to Policy Limits?
Pain and suffering payments depend on the at fault driver’s liability limits. If the limit is low and your injuries are serious, the payout may not cover all losses. Our guide on what happens when accident claims exceed insurance limits explains how situations like this unfold and how drivers may use personal assets or umbrella policies in rare cases.
Drivers with high medical costs or permanent damage may reach policy limits quickly.
Examples to Understand How Pain and Suffering Payments Work
Example 1
A driver rear ends you at a red light. You suffer back pain, medical bills, and missed work. The at fault driver’s insurer pays for your pain and suffering because they caused the accident.
Example 2
You are at fault for the crash. You suffer pain and injury. Your insurer pays for the other driver’s pain and suffering, but your insurer does not pay you.
Example 3
You live in a no fault state. You have minor injuries but no permanent damage. Personal injury protection covers your medical bills, but you may not qualify for pain and suffering.
Example 4
You suffer a permanent injury from a hit and run. You may receive pain and suffering compensation from your uninsured motorist coverage.
Common Mistakes That Reduce Pain and Suffering Payments
Drivers reduce their payout by
- Delaying medical care
- Not filing a police report
- Not collecting evidence
- Not following treatment plans
- Saying they feel fine at the scene
Insurance companies use these mistakes to lower payout value.
How to Improve Your Pain and Suffering Claim?
You can improve your claim by
- Seeking medical help right away
- Keeping detailed records
- Saving receipts
- Recording daily symptoms
- Following doctor advice
- Reporting all injuries clearly
Strong documentation leads to stronger compensation.
Frequently Asked Questions (FAQs)
Your own insurance will pay only if you live in a no fault state where personal injury protection allows non economic claims. Otherwise, your insurer does not pay.
Yes. If the other driver is at fault, their liability insurance pays for your pain and suffering.
No. Car insurance does not pay the at fault driver for pain and suffering.
Yes. Insurance companies require strong medical documentation for non economic damage claims.
Often no. Many states require serious injuries or specific medical thresholds.
Yes, if you are hit by an uninsured driver and the coverage includes non economic benefits.
It depends on medical treatment, investigation, and negotiation. Some cases take weeks and others take months.
Final Thoughts
Car insurance may pay you for pain and suffering, but only in specific situations. Your own insurance pays only if you live in a no fault state and meet eligibility rules. In most cases, pain and suffering compensation comes from the at fault driver’s liability coverage. These payments depend on injury severity, documentation, and policy limits. When drivers understand the rules and gather strong evidence, they improve their chance of receiving fair compensation. For guidance, coverage comparisons, and help finding trusted insurers, drivers across the United States rely on the support and tools offered by Alias Insurance.
