Many accidents are not black and white when it comes to fault or causation. Rather than only one party taking all of the blame, fault is allocated across multiple parties – sometimes, even the injured party. In New Jersey, a modified comparative negligence rule presides over these types of cases. This rule gives you the right to still recover compensation even if you were partially at fault for your accident or injury. Your partial fault, however, could reduce your financial award.
The comparative negligence law states that a plaintiff will forfeit a percentage of his or her financial recovery in proportion to his or her degree of fault for the accident. If the plaintiff was 20% at fault, for example, he or she would surrender 20% of a settlement or verdict award won. However, in New Jersey, if you bear more than 50% of fault for an accident, you cannot recover anything from the other party. This is the modified part of the law, as in a pure comparative negligence state, a plaintiff can be any percentage to blame and still receive some compensation.
In the event of a car accident, whether you were partially at fault will not interfere with your ability to recover. New Jersey is a no-fault insurance state, meaning you will receive compensation from your own auto insurance provider regardless of who was at fault for your accident. If you caused the collision, your personal injury protection (PIP) insurance will still cover your medical bills. Your fault will matter, however, if you wish to bring a third-party lawsuit against the at-fault driver. In this case, your own comparative negligence can reduce your recovery award.