One of the first things insurance companies try to do is blame you, at least partially, for your own injury. The reason is simple: under New Jersey's comparative negligence rule, your share of the fault directly reduces what they have to pay. Read about how insurance companies handle claims for more on their tactics.
How the Rule Works
New Jersey follows a modified comparative negligence standard. You can recover damages as long as your fault doesn't exceed 50%. If you're 51% or more at fault, you recover nothing. The actual statute (N.J.S.A. 2A:15-5.1) is available through the New Jersey Legislature for those who want to read the original language.
Here's how it plays out. Say a jury determines your total damages are $200,000, but you were 25% responsible. Your recovery is $150,000. If the jury decides you were 55% at fault, you get nothing.
How Insurance Companies Use Comparative Fault
Adjusters look for any angle. In a car accident case, they might pull your phone records. In a slip and fall case, they'll argue you wore inappropriate footwear. In a pedestrian accident, they'll claim you were jaywalking or wearing dark clothing.
A good attorney anticipates these arguments and prepares responses. Sometimes they have merit and need to be acknowledged honestly. Other times they're a stretch.
Why This Matters in Your Case
Understanding comparative negligence helps set realistic expectations. If there's evidence that you share some responsibility, the settlement range changes. Being upfront about this from the beginning is better than discovering it at trial. This applies to motorcycle accidents, car crashes, and virtually every other type of personal injury claim.