New Jersey: shared fault rules
Whether you can still recover money if you were partly at fault for an accident, and how much your share of fault costs you.
| Fault system | Modified comparative negligence (51% bar) |
|---|---|
| When fault bars recovery | Barred if you are 51% or more at fault |
| Law | N.J.S.A. 2A:15-5.1 |
Your share of fault usually reduces what you can recover by the same percentage. Insurers use this rule when negotiating, so it matters even if you never sue.
General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Exceptions can apply. Confirm with the state agency, the court or a licensed professional in New Jersey.
Also for New Jersey: Car insurance by state in New Jersey · Claim deadlines in New Jersey · Small claims limits in New Jersey · Total loss rules in New Jersey · Accident reporting rules in New Jersey · Lemon law rules in New Jersey · Sales tax rates in New Jersey · Phone-while-driving laws in New Jersey · Motorcycle helmet laws in New Jersey · Gas tax in New Jersey
How we checked this
Rules come from a statute-cited 2026 personal injury table and match a defense firm's 51-jurisdiction chart, including Florida's 2023 change to a 51% bar. Last checked: November 12, 2026. Laws change; confirm with the state agency or a licensed professional before acting.
Cross-checked sources agree Checked on official source confirmed on a government, court or legislature site Single detailed source one detailed table built from statutes or official data Under review sources disagree; read the note and the law.