After being involved in a car accident in New Jersey, determining who was responsible for the crash and the damages is crucial, directly affecting your right to recover compensation. New Jersey’s no-fault insurance system can complicate matters and make the process more confusing. It is critical that you understand how to prove fault in your car accident case. Continue reading for more information and consult with a skilled Bergen County car accident lawyer for experienced legal counsel today.
What is New Jersey’s No-Fault System?
New Jersey follows a no-fault insurance system, meaning that you typically file a claim with your own insurance after an accident, regardless of who caused the collision. PIP (Personal Injury Protection) is a required coverage for all NJ drivers and provides no-fault protection for injury-related expenses like medical bills, lost wages, transportation to and from medical appointments, etc.
While New Jersey is a no-fault accident state, it is important to understand that this only applies to damages related to a physical injury. For property damage and serious injuries, you may be able to step outside of the no-fault system and pursue a claim or lawsuit against the at-fault driver.
Why is Establishing Fault Important?
If your injuries are considered serious (such as a permanent disability, disfigurement, displaced fractures, or loss of a fetus), or if you wish to recover compensation for property damage, you may be able to file a claim or lawsuit against the other driver. In this case, proving fault is crucial in recovering damages.
Fault determines who pays for your damages beyond what is covered under PIP benefits. Without proving the other driver’s liability, you could be on the hook for paying extensive medical expenses, suffering lost wages, repairing your vehicle and other property damage, and more.
How Can I Prove Fault in an NJ Car Accident?
In order to prove the defendant’s fault, you must establish that they were negligent or reckless in some way and that they directly caused your accident and injury. The four elements of negligence are that the defendant owed you a duty of care, breached the duty of care through their actions or inaction, the breach of duty caused your injuries, and you suffered actual damages as a result.
The best way to prove fault is through compelling evidence. Some examples of pertinent information that can help establish liability are:
- Police accident reports
- Dashcam or surveillance footage
- Photos of the scene of the accident, the vehicles involved, and visible injuries
- Witness statements
- Vehicle damage patterns and testimony from accident reconstruction specialists
- Medical records
- Expert testimony from medical and economic professionals
These types of evidence will help provide an insurance adjuster or jury with a clear view of how the accident occurred and who was responsible. For more information, reach out to a skilled personal injury attorney today.
