New Jersey · Comparative fault · Updated Oct 2026

Comparative fault in New Jersey: who pays when both drivers share the blame

How modified comparative fault with a 51% bar works in New Jersey, the law behind it and how insurers apply it.

Short answer

In New Jersey, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Rule
Modified (51% bar)
You recover nothing at
51% of the fault or more
Law
N.J.S.A. 2A:15-5.1: you can recover if your negligence was not greater than that of the person (or combined persons) you are claiming against; your money is reduced by your share.
Insurance system
Choice no-fault

Insurance and small claims in New Jersey

New Jersey is a no-fault (PIP) state with a choice of lawsuit option. Personal injury protection pays your own medical bills first, whoever caused the crash.

Small claims limit for car damage in New Jersey: $5,000 in the Small Claims section of the Special Civil Part; $5,000 to $20,000 goes to the regular Special Civil Part. New Jersey small claims guide on Small Claims Map

If the insurer says you were partly at fault

  1. Get the police report. For crashes handled by the New Jersey State Police (including the Turnpike and Garden State Parkway), buy the NJTR-1 crash report online at the NJSP & Turnpike Authority Crash Report portal (https://www.njportal.com/NJSP/CrashReports). Reporting a crash in New Jersey and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to New Jersey Department of Banking and Insurance (DOBI), Consumer Inquiry and Response Center.
  4. Sue before the deadline: 6 years for property damage and 2 years for injury. Deadlines to sue in New Jersey, with the calculator

Who pays in New Jersey: fault and payout explainer

Modified comparative fault (51% bar)In New Jersey, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Free help in New Jersey

Questions about comparative fault in New Jersey

Is New Jersey a comparative negligence state?

Yes, modified comparative negligence with a 51% bar. N.J.S.A. 2A:15-5.1: you can recover if your negligence was not greater than that of the person (or combined persons) you are claiming against; your money is reduced by your share.

Does fault still matter under New Jersey's choice system?

New Jersey uses a choice system: drivers choose options that decide how injury claims work, such as no-fault benefits or limits on suing for pain and suffering. The details are below. New Jersey is a no-fault (PIP) state with a choice of lawsuit option. Personal injury protection pays your own medical bills first, whoever caused the crash.

Where can I complain if an insurer blames me unfairly in New Jersey?

New Jersey Department of Banking and Insurance (DOBI), Consumer Inquiry and Response Center: https://www.nj.gov/dobi/consumer.htm · 1-800-446-7467 (consumer hotline) or (609) 292-7272

How do I get the police report in New Jersey?

For crashes handled by the New Jersey State Police (including the Turnpike and Garden State Parkway), buy the NJTR-1 crash report online at the NJSP & Turnpike Authority Crash Report portal (https://www.njportal.com/NJSP/CrashReports). Non-toll road reports cost $13, toll road reports $5, and serious/fatal investigation reports $20. Reports are kept for 6 years. For a local police crash, ask that town's police department.

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Sources

Last checked: Oct 24, 2026.