If you’ve been involved in an accident in New Jersey, you generally have the right to seek compensation for your losses. However, the amount of compensation you can receive might be reduced or eliminated if you were partially at fault for causing the collision. Please read this to learn how New Jersey’s modified comparative negligence rules could impact your claim, and how a seasoned Clinton, New Jersey Personal Injury Lawyer can help you secure the compensation you deserve.
Can You Still Recover Compensation If You Were Partially at Fault for an Accident in New Jersey?
Following an accident, you might believe that if you were partially at fault for an accident, you’re barred from recovering compensation for your losses. However, given New Jersey’s modified comparative negligence system, you could still be entitled to compensation.
Under the state’s modified comparative negligence rule, even if you contributed to the cause of the accident, you can still recover compensation for your damages as long as you’re deemed 50% or less at fault. Essentially, your compensation is reduced by your degree of fault. If you’re assigned 51% or more at fault for the accident, you won’t be able to recover any compensation.
For instance, if you’re found to be 30% at fault, and your damages amount to $100,000, you are entitled to recover $70,000. It should be noted that your own Personal Injury Protection (PIP) will initially cover medical bills, regardless of fault. However, if you exceed coverage and pursue additional compensation through a personal injury lawsuit, the comparative negligence rule will apply.
How Do Insurance Companies Use Partial Fault Against You?
Insurance companies often attempt to minimize payouts to protect their bottom line. Despite their sympathetic demeanor, they are for-profit businesses, meaning they don’t have your best interests at heart. They typically employ tactics such as offering quick, lowball settlements, disputing liability, denying claims, or downplaying the severity of injuries to lower costs.
One tactic the insurance company will commonly use to protect its bottom line is to inflate your assigned percentage of fault in an accident. They achieve this by arguing that you’re 51% or more at fault, highlighting any small errors you’ve made, and twisting your words and evidence against you. By shifting the blame, they can significantly diminish your award, and disputes over liability can drastically prolong the settlement process. At the Law Office of Craig M. Rothenberg, we are prepared to help you gather compelling evidence to challenge these strategies.
As you can see, being partially at fault for an accident won’t automatically bar you from recovering compensation for your damages. Contact the Law Office of Craig M. Rothenberg today to safeguard your rights and ensure you receive the maximum compensation to which you’re entitled. Reach out to us today to schedule a consultation.