Glossary

Tort

A civil wrong, such as careless driving, that injures someone and gives the injured person the right to sue for money damages.

Also called: civil wrong, tort claim, tort system

A tort is a wrongful act, other than a breach of contract, that causes harm and gives the injured person the right to sue for compensation. Most car accident lawsuits are tort claims based on negligence: a driver failed to use reasonable care and someone was hurt.

Tort law decides who pays for crashes in most of the country. In an at-fault, or tort, state, the driver who caused the crash is responsible for the other side's damages, which that driver's liability coverage pays up to its limits. Damages can include economic losses, such as medical bills, lost wages and repairs, and noneconomic losses, such as pain and suffering. In cases of especially reckless conduct, such as some drunk-driving crashes, courts may also award punitive damages.

No-fault systems limit tort claims for injuries: you can sue for pain and suffering only after your injuries pass a threshold. In Pennsylvania, drivers choose between full tort and limited tort, and New Jersey and Kentucky offer similar choices. Limited tort costs less but restricts suits for noneconomic damages unless an injury is serious. Example: under limited tort, a driver with a minor sprain recovers medical costs through their own coverage but generally not pain and suffering (hypothetical). See no-fault vs at-fault states.

Last reviewed October 4, 2026

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Related terms

Negligence Failing to use the care a reasonable person would use, causing harm to someone else; the legal basis for most car accident claims. Tort threshold The level of injury or medical cost a crash victim in a no-fault state must reach before suing the at-fault driver for pain and suffering. Full tort In choice no-fault states, the option that keeps your unrestricted right to sue an at-fault driver for pain and suffering, for a higher premium. Limited tort A cheaper option in choice no-fault states that gives up your right to sue for pain and suffering unless an injury is serious or an exception applies. No-fault insurance A system in which your own policy pays your injury costs after a crash regardless of who caused it, with limits on suing the other driver. Liability coverage The part of a car insurance policy that pays for injuries and property damage you cause to others, plus your legal defense, up to your limits.

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