How Is Fault Determined by Insurance Companies After a Car Accident in New Jersey?

Get A Free Consultation Today!

When you are involved in a car accident, you may think it’s guaranteed that you’ll receive compensation for the damages you’ve sustained. However, after contacting your insurance company, you find that you’ve been denied compensation on the basis that the other driver’s provider deemed they were not responsible. This can be exceedingly frustrating and leaves you in an unfortunate predicament. As a result, you may not know how to proceed. Keep reading to learn what insurance companies look at when determining liability and how Monmouth county auto accident attorneys can help you receive the compensation you are entitled to.

What Factors Will Insurance Companies Consider After a Car Accident?

There are several factors that insurance companies will consider when examining how the accident happened and which driver involved was at fault.

For example, insurance companies will consider the kind of accident that occurred. Generally, it is easy to determine who was at fault in crashes like rear-end collisions or t-bone accidents. However, other collisions can be more challenging to prove due to the circumstances surrounding the collision.

Similarly, you may discover that things like witness testimony and security footage of the accident can help determine who the negligent party is in the collision. Aside from video proof, if possible, you should take as many photos of the scene as possible, as this can help the insurance companies determine who was responsible. Not only should you take pictures of the damage to the vehicles, but you should also capture images of the road conditions and any tire marks that could indicate that the other driver lost control of their car.

What Should I Do if I’m Facing Issues?

When insurance companies receive information about their driver causing an accident, they will do everything in their power to prove it wasn’t the fault of someone on their policy, but rather the other driver. If they determine you played a role in the collision, you may lose the compensation you are entitled to. This is because New Jersey follows the Comparative Negligence 50% rule, which states that so long as one driver is not more at fault than the other, they can receive compensation. So, if the negligent driver’s insurance company claims you were 20% responsible, you would only receive 80% of the money awarded to you.

If you are experiencing issues with your claim, ensuring you contact an experienced auto accident attorney is essential. Not only can they help you fight for the insurance compensation you deserve, but they can also fight to hold the negligent party responsible. This allows you to receive non-economic damages like pain and suffering or economic damages like lost wages due to time off of work healing the injuries sustained in the collision.

If you were injured in a car accident and are having issues with insurance companies, the Wilton Law Firm can help. Our dedicated attorneys will fight to help you receive the justice you deserve when suffering from the negligent actions of another driver. Contact us today to set up a free consultation so we can learn more about your case.