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 liability insurance to cover injuries they cause to others and 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.
All states are tort states EXCEPT Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah.