What Is a Tortfeasor in Insurance?

In insurance, a tortfeasor is the person or entity whose wrongful or negligent conduct caused another person’s injury or property damage. In a car accident, for example, the at-fault driver may be referred to as the tortfeasor. The injured person can potentially make a liability claim against the tortfeasor and, when coverage applies, the tortfeasor’s insurer may investigate, defend, negotiate, or pay the claim up to the policy limits. The term can also arise in uninsured or underinsured motorist claims, subrogation, and other insurance disputes. Identifying a tortfeasor does not by itself establish liability. The claimant must still prove the legal elements of the claim and resulting damages. More than one tortfeasor can sometimes share responsibility for the same injury. The effect of shared fault depends on the jurisdiction’s comparative or contributory negligence rules and the particular facts of the case.