Questions & answers · Car insurance
In New Jersey, the other driver's insurer says I am partly at fault. Can I still be paid for my car damage?
Car insuranceDeniedNew JerseyChecked Nov 5, 2026
From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-05 · Source: New Jersey Department of Banking and Insurance (NJDOBI) View original ↗
In short
- In New Jersey, you can collect only if your share of fault is not more than the other driver's.
- Your payment can be cut by your share of fault.
- The page says only a judge or jury can ultimately decide who is at fault.
What this means
This answer uses one New Jersey Department of Banking and Insurance page. It is about New Jersey only. The page says New Jersey has a "comparative negligence" law, so more than one person can be at fault. You can collect damages only if your fault does not exceed the other driver's. The settlement can be cut by your percentage of fault. The page gives an example of 80 percent and 20 percent.
The page also says that when you claim against another driver's insurer, you have no contract with it. Its main duty is to its own customer. If the two stories differ and there is no other strong evidence, the insurer will defend its customer. The page adds that only a judge or jury can ultimately decide who is at fault. Other states use different fault rules, and the sources here do not cover them.
Your next step
Collect evidence about how the crash happened (photos, witness names, police report) and send it to the insurer. The page lists no deadline for sending evidence.
Check it yourself
Open the NJDOBI page and read question 4, "Who decides who is at fault for the accident and how much they owe?"
Where this comes from (1)
[1] New Jersey Department of Banking and Insurance (NJDOBI) · checked 2026-11-05
New Jersey has a "comparative negligence" law which means that more than one person can be at fault in an accident. Under this law, you can collect damages only if your degree of fault does not exceed that of other driver(s) in the accident. The settlement, however, can be reduced by your percentage of fault. For example, if the other driver is 80% at fault and you are 20% at fault, you can collect for your damages b…
How we found this
We matched your question to 1 official source, quoted the exact lines, and re-checked each quote against its source on 2026-11-05.
What we don’t know yet
Your own plan or notice may say something different. If your letter cites another rule, send it and we will look again.
Every answer is checked against the official rule it quotes.
Information only — not legal advice. Your plan, insurer or agency decides.
This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.
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Answer id CQ3043. Spotted an error? Tell us.