Tort Insurance

If you're a responsible driver, you already know you have auto insurance, but do you know the laws that regulate what you're responsible for if you get into an accident and are found to be at fault? 

As a driver in the US, you live in a "tort state" or a "no-fault state." 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 set up with all the tort insurance you need to protect you just in case. For starters, though, here's a breakdown of tort insurance and what it covers.

What Is Tort Insurance?

Tort insurance is used when a state operates under the tort system for car insurance claims. The tort system says that if two parties are involved in a collision, the driver who is at fault is responsible for paying the victim's medical bills, property damage costs, additional lost wages, damages, and even for "pain and suffering" resulting from the accident. 

Tort liability insurance is not something you purchase. The tort system refers to the laws governing how your insurance operates if you get into an accident. Tort insurance may refer to several coverages in your car insurance policy.

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Is Tort Insurance Required in My State?

Auto insurance is required in every state. However, only 38 states use the tort system. The other 12 states use no-fault insurance. Here's the difference:

• Tort system: The driver who is found to be at fault for an accident is responsible for all costs incurred by the driver who is not at fault. 
• No-fault system: A driver is still at fault, but the insurance is not required to pay out injury claims. Drivers who live in no-fault states usually purchase personal injury protection to cover medical treatment, lost wages, and other expenses. 

States that do and do not use the tort system:


 
 
 
 
 
 
 
 
 


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

Nearly every state that follows the tort system offers full or limited tort car insurance options. Here's how to understand the difference:

• 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, you're very limited in your ability to sue the person at fault for additional damages beyond property and injury. 

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. 

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 costs just $55 per month.

Seeing as 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. 

The Benefits of an Independent Insurance Agent

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