01
Three systems, three scripts
Most states are at-fault (tort) states: the driver who caused the crash, and their insurer, pays for the other side's injuries. A minority are no-fault states, where each driver's own personal injury protection (PIP) pays first and lawsuits are limited to more serious injuries. A few are choice no-fault states, where drivers pick which system applies to them when they buy their policy.
Layered on top is each state's fault rule — pure comparative, modified comparative, or contributory negligence. Together they decide which callers are worth transferring.
02
No-fault states
In states such as Florida, New York, Michigan and Massachusetts, a claimant can generally only sue the at-fault driver for pain and suffering if the injury crosses a threshold — defined by severity, permanence or medical expenses depending on the state.
Scripts in these states should ask about fractures, surgery, hospital stays, time off work and treatment costs, and capture the date treatment started, because PIP rules can have tight deadlines.
03
Choice no-fault states
In Pennsylvania, New Jersey and Kentucky, the claimant's own policy choice matters. Ask whether they chose full tort or limited tort (or the equivalent) — limited options restrict non-economic damages unless the injury is serious.
04
Contributory-negligence states
North Carolina, Virginia, Maryland, Alabama and Washington, D.C. follow contributory negligence: if the claimant was even slightly at fault, recovery can be barred. Scripts should screen out any admission of fault, and clean-liability case types — passengers, rear-end collisions — perform best.
05
Put it in your spec
Every state page on this site lists the insurance system, fault rule and typical filing deadline, plus the extra screening questions we add there. Use them to write state-specific disqualifiers into your insertion order. This is general information, not legal advice — confirm current law with counsel.