# What is a tort?

> A tort is a wrong that causes harm and lets the injured person sue for compensation. Why a car crash injury claim is a tort claim and what that means.

Canonical page: https://accidentclaimfacts.com/glossary/tort/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

A tort is a civil wrong: an act or failure to act that causes harm to someone else and lets the injured person sue for compensation. Tort law is separate from criminal law and from contract law. A car crash injury claim is a tort claim.

## In a car accident claim

Torts come in three broad kinds. Most crash claims are based on negligence, a failure to use reasonable care, such as following too closely or texting while driving. Intentional torts, such as deliberately ramming another car, are rarer. Strict liability, which does not depend on carelessness, applies in narrow situations.

To win a negligence claim, the injured person generally has to show the other driver owed a duty of care, broke it, and caused the injury, and that real losses resulted. Those losses are the damages: medical bills, lost pay, car repairs and pain and suffering. The guide to [types of damages](https://accidentclaimfacts.com/money/types-of-damages/) explains each kind, and the [claim process](https://accidentclaimfacts.com/claim-process/) guide shows how a tort claim usually moves from insurance claim to settlement or [lawsuit](https://accidentclaimfacts.com/claim-process/filing-a-lawsuit/).

The same crash can lead to a criminal case too, for example for drunk driving. The criminal case punishes the offense; the tort claim pays the injured person.

## Example

> **Example:** A driver looks at a phone, drifts across the center line and hits an oncoming car. The injured driver's claim against the distracted driver is a negligence tort claim. If prosecutors also charge the distracted driver with a traffic crime, that is a separate criminal case.

## Related terms

- [Negligence](https://accidentclaimfacts.com/glossary/negligence/)
- [Liability](https://accidentclaimfacts.com/glossary/liability/)
- [Damages](https://accidentclaimfacts.com/glossary/damages/)
- [Gross negligence](https://accidentclaimfacts.com/glossary/gross-negligence/)

## FAQ

### What is a tort claims act?

A tort claims act is a law that lets people bring tort claims against a government, which otherwise could not be sued. These laws usually set special notice rules, deadlines and limits on damages.

### Is a car accident a tort or a crime?

It can be both. Most crashes lead only to a tort claim for compensation. A crash that involves a crime, such as drunk driving or leaving the scene, can also lead to a criminal case.

## Sources

- [Cornell Law School, Legal Information Institute, Tort](https://www.law.cornell.edu/wex/tort) — meaning, the main kinds of torts and their purposes
- [United States Courts, Glossary of legal terms](https://www.uscourts.gov/glossary) — a civil wrong or breach of a duty to another person