If you are involved in a car accident that is not your fault, you will most likely be entitled to economic and non-economic damages from the responsible party. However, to pursue your car accident claim and receive your compensation, you must prove that the other party was actually responsible. And this is where proving fault comes in.
However, proving fault can be a daunting task, especially if multiple parties are involved or if the other party is not ready to accept liability.
New Jersey is a no-fault state
For most New Jersey car accidents, fault is never a factor in recovering damages. This is because New Jersey is one of the few states that apply the no-fault insurance statute. Thus, under New Jersey’s no-fault statute, motorists and passengers who are hurt in car accidents are expected to contact their insurance carriers for compensation for the resulting injuries.
So how is fault determined in a car accident?
Under New Jersey law, you are required to call the police to the scene if the accident results in death, injury or property damage in excess of $500. Upon arrival at the scene, the police will investigate the accident and write a report. This report will include how the accident happened and who the police believe to be at fault.
Some of the evidence the police will relying on when determining fault include:
- Accident scene surveillance footage
- Eyewitness statements
- Logs from each vehicle’s electronic data
- Accident reconstruction reports
- Post-accident car inspections
If you are involved in a car accident that is not your fault, you deserve justice. Knowing your legal options can is key to pursuing the damages you are entitled to after the accident.