New Jersey Lawyers - New Jersey attorneys
In New Jersey, if more than one driver contributes to an accident insurance companies will pay physical damage and other liability claims according to the percentage of fault for each driver involved.
Who decides who is at fault in an accident?
Insurance companies determine each driver’s degree of fault in an accident using the Comparative Negligence Act (N.J.S.A. 2A:15-5.2). The amount, or percentage, of fault is determined on a case by case basis depending on the circumstances surrounding the accident and is used to determine liability for physical damage and other liability claims. Under the law, an individual cannot recover damages if his or her percentage of fault for the accident is greater than the individual from whom damages are sought.
In the event of an accident, the insurer will conduct an investigation and review all the facts provided by each party (such as police reports, driver and witness statements, etc.). It will then assign a percentage of fault to the parties involved in the accident based on contributing factors such as: failing to observe and avoid another vehicle, failing to sound the horn, apply brakes or swerve, and/or driver inattention.
If you are found to have a portion of fault for an accident, any payment or reimbursement you may receive from the other driver’s insurer will be reduced by that portion.
For Example: If you were considered 50 percent at fault for the accident and had $1,000 in damage to your car, you would be paid $500 or 50 percent by the other driver’s insurance company. If in the same accident you were only considered 10 percent at fault, you would receive $900 from the other driver’s insurance company.
If you have an accident where you believe you are not at fault and have collision coverage on your vehicle, you have the option of filing with your own insurance coverage or directly with the person you believe is at fault. If you are paid under your own policy minus your collision deductible, your insurer will try to pursue reimbursement from the at-fault person. If your insurer is successful, it will reimburse you the proportionate share of your deductible.