Tort Car Insurance

If you're a responsible driver, you already have auto insurance, but do you know how your state's laws dictate your financial responsibility if you cause a car accident?

States in the U.S. are classified as either "tort states" or "no-fault states" when it comes to financial responsibility laws. If you live in a tort state, you could be financially responsible for more than you think if you're involved in an accident. Luckily, an independent insurance agent can help you get the tort insurance you need to protect you, just in case. 

For starters, here's a breakdown of tort insurance and what it covers.

What Is Tort Insurance?

Tort insurance is not something you purchase; rather, tort insurance refers to the laws governing how your car insurance operates if you get into an accident. It can affect several types of coverage within your car insurance policy. 

A tort is a legal concept defined as "an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability." In terms of car insurance, tort insurance, or "at-fault insurance," refers to how a state designates financial responsibility for car insurance claims. 

In states with an at-fault system, the driver who is at fault for an accident is responsible for the victim's medical bills, additional lost wages, damages, and even pain and suffering resulting from the accident. This is typically done through the at-fault driver's bodily injury liability coverage within their auto insurance policy.

While most states follow the at-fault system, some states have no-fault insurance laws in which each driver involved in an accident uses their own car insurance to cover their medical bills and damages, regardless of who is at fault for the crash. 

Keep in mind that tort insurance only applies to medical and related expenses. In both at-fault and no-fault states, the at-fault driver is responsible for property damage costs, and claims are paid through their property damage liability coverage. 

What Is the Difference Between Full Tort and Limited Tort Insurance?

Most states that follow the tort system use the full tort method. A few offer limited tort car insurance options. Here's how to understand the difference if you're injured in a crash and not at fault:

• Full tort: If you're injured in a crash and not at fault, you can sue the person who caused the accident without any restrictions. This means you can sue for damages like lost wages and pain and suffering. 
• Limited tort: If you're injured in a crash and not at fault, your ability to sue the at-fault driver is limited to direct medical expenses. Your ability to sue for lost wages, pain and suffering, and other damages is strictly limited, usually requiring a certain degree of injury to go forward with these kinds of additional claims. 

In some states, drivers are allowed to choose whether they want to opt for limited or full tort car insurance, but in other states, one option is mandated for all drivers. 

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Is Tort Insurance Required in My State?

Most states follow the tort system, meaning the at-fault driver is financially responsible for the damages. 

There are 12 no-fault states, but Kentucky, New Jersey, and Pennsylvania are unique in the no-fault arena. They allow drivers to retain some ability to sue for compensation, meaning they follow both tort and no-fault laws depending on the situation. Drivers can essentially opt out of the no-fault system and choose tort insurance. 

State	Tort	No Tort
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

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How Much Does Tort Insurance Cost?

If you live and drive in a tort state, you must have liability insurance that will cover any injuries or damage you cause to others or their property with your vehicle. Liability-only car insurance costs significantly less than full-coverage auto insurance. Though prices vary depending on several factors, liability-only car insurance can cost as little as $549 per year for a good driver with good credit. 

Keep in mind that most people need more than liability-only coverage to truly protect themselves. And the minimum coverage limits prescribed by your state are likely not enough if you cause a serious accident. 

Since you don't purchase tort insurance directly, the cost is associated with the cost of your auto insurance policy. Some drivers in tort states may not be required to purchase additional coverage like personal injury protection and medical payments coverage. These factors can affect the cost of your insurance policy. But tort system aside, buying as much auto coverage as you can afford is always wise. 

An Independent Insurance Agent Can Help You Understand Tort Insurance in Your State

An independent insurance agent can help determine the right amount of tort insurance coverage to get if you live in an at-fault state. They'll walk you through a handpicked selection of the best policy options for you. Not only that, but they’ll also cut the jargon and clarify the fine print so you know exactly what you’re getting.