Tort by definition is an injury to another person or to property which is compensable under law. The damage or injury can be done willfully, negligently or in other circumstances involving liability. Thus categories of torts can include negligence, gross negligence and intentional wrongdoing.

With regards to auto insurance states tend to be either a Tort State or a No-Fault State. Under the tort system someone must be found to be at fault for causing the accident. The at-fault party is then held responsible for the damages sustained. The details and regulations for a tort system vary from state to state.

If your state is a "tort" state with regards to car insurance, check with your state's insurance regulatory body to get information on how their specific tort system works. For example some states have options such as full or limited tort that you can choose when obtaining insurance. With limited tort you normally cannot sue for pain and suffering unless you sustain a serious or permanent injury.