If you are involved in a car accident where you share fault with the other driver, each party will carry a degree of responsibility. This follows investigations into the circumstances that led to the crash. Your percentage of fault will determine whether you can hold the other driver liable and the recoverable compensation.
While you can still recover damages despite your role in an accident under New Jersey’s modified comparative negligence rules, there are certain limits. For starters, you are not entitled to compensation if you are more than 50% to blame. In cases where you bear most of the fault, you may be responsible for your losses and potentially pay for the other party’s damages.
Your contribution will reduce your compensation
Should you meet the legal threshold of filing a car accident claim, your percentage of fault will diminish your potential settlement. You can only recover damages based on the portion of the crash for which you were not responsible. For example, if you are 30% to blame and your total damages sum up to $50,000, you can only recover 70%, which is $35,000. The other driver cannot file a claim against you as they bear the majority of fault.
It’s not always clear-cut
Determining fault in accidents is often complicated, and disputes can arise over how much responsibility each party holds. You might feel that the other driver was more at fault, yet the insurance company assigns you a higher percentage of blame.
It underscores the need for legal guidance to help protect your interests and get around issues that could arise, such as challenging an unfavorable fault assessment during settlement negotiations or navigating the court process if the matter gets there.