Who Determines Fault in a Car Accident in NJ?

You probably had no idea the word “fault” was going to play such a big role in your life. But then a crash turned your world upside down—and now “fault” is the only thing anyone wants to talk about.

Was it your fault? The other driver’s? What if more than one person made a mistake? And who actually decides?

These are the questions we hear every day from car accident victims in Cherry Hill and South Jersey. And if you’re here reading this, you’re likely trying to make sense of what happens next. Let’s break it down in plain English.

What “Fault” Means in a New Jersey Car Accident

In New Jersey, determining fault is essential for deciding who is financially responsible for the crash. Even though New Jersey is a “no-fault” state when it comes to paying basic medical bills (through your own PIP coverage), fault still matters for:

• Suing for additional damages like pain and suffering
• Recovering losses beyond what PIP covers (e.g., lost wages, vehicle damage)
• Holding negligent drivers accountable

Who Decides Who Was at Fault?

There isn’t one person or agency who simply “declares” fault. A combination of usually determines it:

• The police report – Officers at the scene may issue citations or include observations that strongly suggest fault.
• Insurance adjusters – Each driver’s insurance company will conduct its own investigation and decide who it believes was responsible.
• Evidence from the crash – Photos, traffic camera footage, black box data, skid marks, and eyewitness statements all play a role.
• Your attorney’s investigation – At Rosengard Law Group, we launch our own deep-dive to uncover what really happened and counter any biased or incomplete assessments by insurers.

What If Both Drivers Share Blame?

New Jersey uses a modified comparative fault rule. That means:

• You can still recover compensation as long as you are not more than 50% at fault.
• Your compensation will be reduced by your percentage of fault. For example, if you’re awarded $100,000 but found 20% at fault, you’d receive $80,000.

Why You Need a Lawyer to Help Prove Fault

Insurance companies aren’t on your side. If they can blame you—even partially—they will reduce or deny your payout. That’s why it’s critical to have an experienced Cherry Hill car accident lawyer in your corner.

At Rosengard Law Group, we collect every piece of evidence, hire accident reconstruction experts when needed, and build a rock-solid case to prove the other driver’s negligence. We don’t let insurance companies twist the facts or bury the truth.

Wondering how fault might impact your case? Contact us now for a free consultation and let’s get clarity—fast.

Read on to learn more. Or, if you’re looking for advice tailored to your unique case, schedule a free consultation with the trusted car accident lawyers at Rosengard Law Group online or by phone at 856-284-6446.

Why Fault Matters in New Jersey Car Accidents

First, let’s get into why you’re hearing that pesky word — “fault” — so much after your accident. It’s because fault plays a huge part in civil cases that result from car accidents in New Jersey.

Essentially, the at-fault driver may have to compensate you for your injuries. They and the involved insurance companies are likely to fight your allegations of fault and try to pin the blame on you.

Why? Because if they can put even a portion of the fault in your hands, they may have to pay you less — or nothing at all.

Under New Jersey’s comparative fault rules, if you’re found to be more than 50 percent at fault for your crash, you can’t receive personal injury compensation from the at-fault party.

That’s why fault matters so much in these cases. Now, let’s get into who decides who’s at fault.

What Is the Difference Between a No-Fault and At-Fault Car Accident?

New Jersey primarily operates under a no-fault insurance system for auto accidents. That means that regardless of who is at fault, each party’s own insurance (PIP coverage) pays for their medical expenses and related losses up to the policy limits.

However, New Jersey allows drivers to choose between the standard no-fault system and a more traditional fault-based system. Choosing the traditional fault-based system typically allows for more flexibility in suing for damages beyond PIP coverage limits.

Understanding these differences is key to understanding your rights and obligations in the event of a car accident. And it can be confusing. That’s why the Rosengard Law Group is always happy to take your call and explain your legal options.

Who Assigns Fault in NJ Car Crashes?

A few parties may make determinations about fault in New Jersey car accidents:

• Insurance companies
• Police
• Civil courts

Let’s take a closer look at each.

How Auto Insurance Companies Determine Fault

Insurance companies will sometimes want to make their own determinations about fault in NJ car accidents.

They do this by looking at the available evidence: police reports, witness statements, photos and videos, and even the assessments of their own adjusters.

How Police Determine Who Is at Fault in a Car Accident in NJ

Technically, police won’t really determine “fault” in your accident. But they will create a police report if they’re called to the scene.

And that police report is almost certainly going to play a key part in broader determinations of fault.

With that in mind, police will speak with eye witnesses, review evidence like photos and videos, and write it all up in (hopefully) great detail in the report.

How New Jersey Civil Courts Determine Car Accident Fault

Ultimately, if a car accident case reaches trial, a New Jersey civil court will determine the final word on fault in your car accident.

The way they do this is by listening to the arguments of both parties — yours and the other driver’s in most cases. That usually comes in the form of arguments, evidence, and cross-examination presented by the attorneys for both sides.

What Can You Do to Help Prove Fault in a Car Crash?

The best thing you can do to help prove fault in your car accident case is document everything.

That means taking a lot of photos and videos of the accident scene, the surrounding area, and any resulting injuries. It also means seeking medical care to create a medical record of your injuries, regardless of whether you feel it’s necessary to go to the doctor.

Then, present everything you have to your attorney (if you decide to work with one). They will take it from there and do everything they can to show that you were not at fault for the crash.

Speak with a New Jersey Car Accident Attorney

Exactly who determines fault in a New Jersey car accident is less important than exactly who ends up holding the blame at the end of your case.

If it’s you, you likely can’t recover maximum compensation. If it’s the other side, they’re likely going to have to pay you for everything you’ve been through.

Obviously, the latter scenario sounds ideal to most car accident victims. Many partners with qualified lawyers to try to make that outcome more likely.

If you want to give yourself a strong shot at maximizing your car accident compensation, speak with Rosengard Law Group. Our experienced legal team will walk you through your chances and all of your legal options, leaving no stone unturned.

To get started, schedule a free consultation by calling 856-284-6446 or contacting us online today.