If you were injured while riding as a passenger in a multi-vehicle crash, you likely bear zero percent of the blame for the collision. New Jersey law allows you to seek financial recovery from both drivers at the same time to pay for your medical care and lost wages.
How New Jersey divides fault between multiple drivers
State law relies on a modified comparative negligence standard and a modified joint and several liability statute to divide financial blame. A court or insurance adjuster evaluates the choices each motorist made before the impact occurs. Common multi-car crash scenarios that cause split responsibility include:
- One driver speeds while another driver turns left without yielding.
- A lead driver stops abruptly while a trailing driver tailgates.
- Two motorists change into the middle lane at the same time.
Because you did not cause the crash, you can pursue financial recovery from any driver who contributed to your harm.
What you can collect from each insurance policy
A driver who holds 60% or more of the fault can be held responsible for paying 100% of your total losses. A driver with less than 60% fault must only pay their exact percentage share.
For example, if Driver A holds 70% of the fault and Driver B holds 30% of the fault, you can collect 100% of your money from Driver A. This statutory rule protects you if Driver B lacks enough liability insurance to cover your injuries.
For immediate medical bills, you must first use your own Personal Injury Protection insurance before seeking money from the liability policies of either driver.
Protecting your rights after a multi-car collision
Insurance companies often blame the other driver to avoid paying your medical bills. This back-and-forth between insurance adjusters creates long delays while you try to heal.
Gathering police reports, witness statements and physical evidence right after the crash builds a strong case for your claim. You should consult legal counsel to review every available insurance policy and ensure proper application of state liability laws.
