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Jessica is a freelance writer, professional researcher, and mother of two rambunctious little boys. She specializes in personal finance, women and money, and financial literacy. Jessica is fascinated by the psychology of money and what drives people to make important financial decisions. She holds a Masters of Science degree in Cognitive Research Psychology.
Jessica has been a contributor at Insurify since July 2023.
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Over 3 years of experience producing content on insurance and personal finance.
Key architect of Insurify's quality score.
Courtney's deep knowledge of personal finance goes beyond insurance and includes credit cards, consumer loans, and banking. She loves creating practical content.
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7+ years experience in data analysis
Ph.D. in Computational Biology
Konstantin has led data teams across multiple industries, including insurance, travel, and biology. He’s led Insurify’s engineering team for more than three years.
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Tort in car insurance is a system of determining fault and responsibility for damages after a car accident. State law determines tort systems, with tort liability systems giving drivers the right to sue for medical expenses, pain, and suffering. In states with limited-tort coverage, the law limits what you can sue the at-fault driver for.[1]
Here are the differences between full- and limited-tort insurance and how your state’s laws may affect your legal recourse after a car accident.
Rates start as low as $39 per month
The following table describes some of the key differences between full- and limited-tort car insurance.
Factors  | Full Tort | Limited Tort | No-Fault |
|---|---|---|---|
| Number of states | 38 | 3 | 12 |
| Personal injury protection (PIP) coverage required? | No (with some exceptions) | No (with some exceptions) | Yes |
| Who pays for injuries? | At-fault driver, through liability insurance | At-fault driver, through liability insurance | Your own insurance coverage |
| Compensation threshold | No minimum threshold; you can seek compensation for all damages and medical costs | Varies by state; you can only seek compensation for serious injuries | Only if serious injuries and medical bills reach a certain threshold |
| Can sue for | Pain and suffering with no restrictions | Pain and suffering for serious injuries only | Certain circumstances |
| Cost comparison | Most expensive | Less expensive than full-tort coverage | Intended to lower the cost of auto insurance |
In full-tort states, the driver who causes a car accident is responsible for paying for damages and medical expenses, and the law doesn’t restrict or limit drivers’ right to sue at-fault drivers. You can sue for medical expenses and pain and suffering — which can include physical pain or emotional pain that a person suffers as a result of the accident.[1]
Thirty-eight states have an at-fault car insurance system, also known as “tort states.” In at-fault states, the driver who causes the accident is responsible for compensating the other driver for medical costs and damages, usually through their liability insurance coverage.
Most states, whether fault or no-fault, still have minimum insurance requirements, which include bodily injury liability and property damage liability.
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Twelve states use no-fault insurance laws, including Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.[1]
In a no-fault state, you file a claim with your own insurance company for bodily injuries after a car accident, regardless of fault. No-fault states require drivers to purchase personal injury protection (PIP) as part of minimum coverage. This coverage pays for medical expenses, lost wages, child care and household expenses, and funeral costs for drivers and their passengers.
With full-tort insurance, people have unrestricted rights to sue at-fault drivers after a car accident.[1]
For example, another driver could cause a car accident that gives you whiplash and other injuries that require you to take time off work to seek medical attention. The car accident could also cause anxiety, depression, post-traumatic stress disorder, and other mental health issues.
With full-tort insurance, you can seek payment from the at-fault driver for your medical costs, lost wages, and continued pain and suffering for emotional distress.
In limited-tort states, the law restricts when you can sue the at-fault driver for damages and injuries after a car accident — your PIP coverage typically covers your medical bills. It’s possible to sue the at-fault driver for additional compensation, but only for personal injury damages and medical bills directly related to the accident.
You can’t sue the at-fault driver for non-monetary damages, such as pain and suffering.[3]
Some states have exceptions for serious injuries. For example, in New Jersey, if you purchase limited-tort coverage, you can’t sue for additional medical expenses and lost wages unless you sustain a serious injury. These include:[4]
Loss of a body part
Significant disfigurement or scarring
A displaced fracture
Loss of a fetus
Permanent injury
Death
If you live in Kentucky, New Jersey, or Pennsylvania, you’re part of the no-fault system. However, you can choose between a no-fault auto insurance policy and a traditional tort liability policy. In New Jersey and Pennsylvania, the no-fault coverage has a verbal threshold. In Kentucky, it’s a monetary threshold.
A verbal threshold is a descriptive term that includes injuries deemed serious. A monetary threshold uses a specific dollar amount of medical bills.[1]
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Limited-tort car insurance generally costs less than full-tort coverage because with limited-tort insurance, you forgo your right to sue for pain and suffering after a car accident, reducing your auto insurer’s risk of paying legal fees in a lawsuit.
For example, if you have limited-tort car insurance in Kentucky, you can’t sue the at-fault driver of an accident to recover medical expenses, wage loss, or pain and suffering unless you sustain one of the following:[5]
$1,000 in medical expenses
Broken bone
Permanent disfigurement
Permanent injury
Death
Rates start as low as $39 per month
Your state’s tort laws can also affect the cost of car insurance. States with no-fault car insurance laws tend to have more expensive insurance rates than states with at-fault systems.[1] However, factors including age, gender, marital status, ZIP code, the type of vehicle you drive, and your driving record can affect your car insurance costs.
The following table shows the average monthly costs based on at-fault (tort), no-fault, and limited-tort (choice) insurance systems.
Insurance Type | Average Monthly Quote |
|---|---|
| At fault (tort) | $144 |
| No fault | $164 |
| Limited tort (choice) | $153 |
Learn how long a car accident can affect your car insurance, and check out the answers to questions about full-tort and limited-tort insurance below.
Full-tort car insurance isn’t the same as full coverage. Full-tort law systems allow you to sue at-fault drivers for pain and suffering if you’re in an accident. Full-coverage car insurance is a combination of collision, comprehensive, and liability coverages.
Whether full-tort insurance is worth it depends on your specific needs. If you live in Pennsylvania, Kentucky, or New Jersey and want to reduce your car insurance premiums, you might choose to forgo full-tort insurance and risk not being able to sue for pain and suffering. If you want the peace of mind that comes with full-tort insurance, then paying extra for full tort might be worth it for you.[4]
If you live in a choice no-fault state, you can switch your insurance coverage from limited tort to full tort. Contact your car insurance company to talk about your coverage.
A tort case deals with most civil suits. The purpose of a tort case as it relates to car insurance is to hold responsible parties liable for damages they cause, such as medical expenses, property damage, and other losses resulting from an accident.
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Jessica is a freelance writer, professional researcher, and mother of two rambunctious little boys. She specializes in personal finance, women and money, and financial literacy. Jessica is fascinated by the psychology of money and what drives people to make important financial decisions. She holds a Masters of Science degree in Cognitive Research Psychology.
Jessica has been a contributor at Insurify since July 2023.
Over 3 years of experience producing content on insurance and personal finance.
Key architect of Insurify's quality score.
Courtney's deep knowledge of personal finance goes beyond insurance and includes credit cards, consumer loans, and banking. She loves creating practical content.
Featured in
7+ years experience in data analysis
Ph.D. in Computational Biology
Konstantin has led data teams across multiple industries, including insurance, travel, and biology. He’s led Insurify’s engineering team for more than three years.
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