Being partly to blame does not automatically end your claim. Here is how comparative negligence works in New Jersey and New York - and why insurers try so hard to shift blame onto you.
One of the most common reasons people never call about a possible claim is a quiet assumption: 'It was partly my fault, so there is no point.' That assumption costs injured people real compensation every day.
The law does not treat fault as all-or-nothing. Both New Jersey and New York use a system called comparative negligence, which divides responsibility by percentage - and in most cases, being partly at fault reduces what you can recover rather than eliminating it.
After an accident, fault is not simply assigned to one person. Each party can be allocated a share - say 80% to one driver and 20% to another. Your recovery is then reduced by your own percentage of fault.
If your damages are $100,000 and you are found 20% at fault, you would generally recover $80,000. The principle is proportionality: you are responsible for your share, and the other party is responsible for theirs.
New Jersey follows 'modified' comparative negligence. You can recover as long as you are not more than 50% at fault. Cross that line - become 51% or more responsible - and you generally cannot recover from the other party at all.
This makes the exact allocation of fault pivotal in New Jersey. The difference between 50% and 51% is the difference between a reduced recovery and none, which is precisely why fault is fought over so hard.
New York uses 'pure' comparative negligence, which is more forgiving. Even if you were mostly at fault - 70%, 90% - you can still recover for the portion attributable to the other party, reduced by your own share.
In practice this means a badly injured person is rarely shut out entirely in New York, though their recovery still shrinks in proportion to their responsibility.
Every percentage point of fault an insurer can pin on you directly lowers what it has to pay - and in New Jersey, pushing you past 50% can wipe out the claim.
That is why early recorded statements and leading questions are so common. An offhand 'I was going a little fast' can be reframed as an admission. Fault is often genuinely disputable, and how it is investigated and argued can change the outcome significantly.
Partial fault is a reason to get your situation reviewed, not a reason to give up on it. The percentages are negotiable, and they matter enormously.
If you have been told - or assumed - that your share of blame ends your claim, it is worth finding out for certain. A free case review costs nothing.
Get a free, confidential case review. You pay nothing unless we recover for you - so there's no risk in finding out where you stand.
Matthew Di Chiara, Esq.
Personal injury attorney serving New Jersey. Focused on personalized representation, clear communication, and pursuing the best possible outcome for every client.
This article is provided for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Laws and deadlines change and apply differently to each situation - consult a licensed attorney about your specific circumstances. Attorney Advertising.
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