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My question is what is a tort state?


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. Most states are under a tort system; only 12 states are referred to as “no-fault.”

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.  Comparative and contributory negligence laws help to determine fault and if one or more than one driver can be found at fault for an accident.

Tort states require drivers to carry bodily injury liability coverages to cover injuries they cause to others, and property damage liability for damages they cause to someone else’s car, house, fence, etc.

The details and regulations for a tort system vary from state to state.  Find out about your state's tort or no-fault system by contacting your state’s insurance regulatory body for consumer information.

For example, some states have options such as full or limited tort that you can choose when obtaining your car insurance policy. With limited tort, you normally cannot sue for pain and suffering unless you sustain a serious or permanent injury.


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