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Tort law as applied to US auto insurance covers the damage that one party visits on another either by aim or by injury, for which legal damages can be sought.tort insurance

Intentional Tort

In US auto insurance this will usually entail a situation where the defendant of the litigation’s actions were subject to significant certainty that they would endanger another party.

So for example; if Dave drives his car at Susan understanding she is there, whether there is any actual malice in his own actions or not (he may for example think to scare her out of the way) if he strikes Susan – his actions could constitute intentional tort.

This is not an exhaustive list by any means and it depends upon the individual circumstances as to whether a tort will soon be listed as intentional or not. For legal action to be successful under this type of tort – the injured party would have to establish intent to injure someone or damage their property.

Negilgent Tort

Negligent tort applies to these scenarios in which a lapse in the duty of care an individual has for others and their property causes damage to another party.

Types of behavior that could lead to the sort of tort; driving under the influence of illegal drugs, prescription drugs (which warn against driving within their use instructions), driving under the influence of alcohol, foolhardy driving, driving without due care and attention, etc.

For another real life example; in this case if David doesn’t see Susan but could be reasonably expected to have done so (she’s standing in clear view for example) then if he runs into her there is no purpose – but David has clearly been negligent in his duty of treatment to maintain a firm eye on the road and any potential dangers.

For US auto insurance this is definitely the most typical type of tort – it is apparent that an accident is most likely to involve some form of contributory negligence for which a party (or parties) to that accident will most likely be held liable in a court of law.

Tort is a key term in US insurance because it the reason through which an insurance company can seek compensation from another party that they’ve had to pay benefits to their policy holders for.

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