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Auto insurance providers are charged with determining fault after car accidents occur.  Once fault is determined, the insurer can determine which party is responsible for paying the damages resulting from the collision.  Each state has its own unique means of determining fault following an auto accident.  The state of New Jersey relies on a modified comparative negligence method to determine responsibility following a collision that causes injury, death and/or property damage.  In plain English, this means that those who play a role in the accident will be provided with an award that is decreased by the percentage at which he or she is determined to be at-fault.  The insurance provider is the organization that determines fault at the time a settlement occurs.

Let’s take a look at an example outlined by Richard Schibell for further clarification.  Consider an instance in which you are speeding and struck by another vehicle.  The other driver is primarily to blame as he or she is the one who hit your vehicle.  However, the insurance provider determines you are 20% liable for the collision as you were speeding when it occurred.  This means if you are to be awarded $2,000 in damages, the total will be decreased by 20%, ultimately resulting in an award of $1,600.  According to New Jersey law, you are only permitted to collect compensation if you are found to be upwards of 50% responsible (at fault) for the accident.  This means even if you endured considerable injuries, you might be prevented from obtaining financial recovery if the insurance provider determines you are 51% or more responsible for the crash.  Though this process might seem fairly straightforward and simple, it is not as clear-cut as most assume.  In some situations, it is not possible to determine which driver is actually responsible for the accident.  There might also be instances in which the liable driver or other party cannot be located. 

Thankfully, most hit-and-run vehicles as the bulk of such negligent drivers do not successfully get away without facing repercussion.  If you are involved in a hit-and-run accident, you will be forced to obtain compensation from your insurance provider to cover losses stemming from the accident.  Since New Jersey is a no-fault insurance state, the insurance company covers medical expenses no matter which party caused the accident.  Our legal team at Schibell Law is here to help you obtain the compensation you need to get your life back in order.  Reach out to us at 732-774-1000 to schedule an initial consultation.

Richard N. Schibell, Esq.

is the founding partner at Schibell Law LLC concentrating in all aspects of Workers’ Compensation throughout New Jersey. Mr. Richard N Schibell graduated from Boston College with a Bachelor of Arts, concentrating in both Philosophy and History. He went on to receive his Juris Doctorate degree from Seton Hall University School of Law.

Following his graduation from law school, Mr. Schibell served as a Judicial Law Clerk to the Honorable Richard W. English, J.S.C., in the Civil Division of the Monmouth County Superior Court.