Tort is classification of law that implies civic wrongdoing towards someone else as opposed to contractual wrongdoing. It is also differentiated from crime, which is wrongdoing done to society. Any injured party may bring up a tort case. Where auto insurance is involved, there are some discrepancies between states. A state can either be a tort state or a no-fault state. Most states have a tort liability system in place meaning that recovery for damage done is determined by who is at fault. A no-fault state limits the amount of damages that can come from legal action and insurance companies are responsible for payments to policy holders regardless of responsibility.
Tort is often used to mean personal injury, and anyone who suffers from tortious injury is entitled to damages. Damages tend to take the form of monetary compensation from the party that caused the injury or is liable for it. Tort laws an include economic and injuries of reputation in addition to physical injuries. A tort case can involve anything from a car accident to defamation. Tort law does not require intent to harm or that something injurious was done willfully, rather a tort case only needs to show that the party responsible was negligent.
There are a number of tort categories. These categories include negligence and intentional torts. Most tort cases fall into the category of negligence. These are intended to provide protection for injuries that arise from infringements on personal right, property and safety. Claims of these types stem from incidents such as car accidents and criminal negligence.
Intentional tort can be cases that involve use of land. Nuisance is considered as interference with someone else's enjoyment of their property. Trespassing is another action that can be called intentional, whether it be from a person or a structure. Spreading false information that harms a reputation is also seen as intentional in the eyes of the court and is referred to as defamation.
Negligence in the case of a car accident happens when the following conditions were present at the time of the accident: legal duty to exercise care, failure to exercise care, harm caused by that failure, damage caused by that failure and proximate cause. An example is, failing to stop fully at a stop sign (legal duty and failure to comply) and hitting another car (causing harm and damage.) States that allow car accidents to be handled as tort are called tort states.
Tort law involves any injury done to a party that is not related to a contract and not a crime. There are slightly different tort laws regarding car insurance in different states as well.