The grounds can be based on fault — for example, one spouse commits adultery, commits a felony, commits acts of cruelty or deserts the other spouse.
What happens if my Internal Appeal is denied and your office is unable to resolve the matter? What is Comparative Negligence? In New Jersey the insurance company investigates the accident and determines how much each individual or vehicle involved contributed to the accident occurring.
If you are seeking reimbursement from your own insurance company under your collision coverage, comparative negligence does not apply. However, if you are pursuing a claim against the other driver, his or her insurance company will determine whether and to what extent that driver is at fault for the accident.
Does New Jersey have a law governing Comparative Negligence? Most states have similar laws, but there may be differences in how much or how little a person can be at fault and still collect all or a portion of the damages. The amount of fault is determined on a case by case basis depending on the circumstances surrounding the incident.
What is permitted under the law? The Comparative Negligence Act permits insurance companies to determine responsibility for an accident in proportion to fault of the involved parties. The insurer will review the facts and investigate then assign a percentage of liability to the parties involved in the accident based on contributing factors.
Some terms you may come across when discussing negligence issues with the insurance company are: How does an insurer determine the degree of negligence?
After reviewing the facts relating to the accident, the claims adjuster will determine the degree of negligence of their insured as compared to the person making the claim.
Documentation that the insurer may consider includes the police report, driver and witness statements, if available, applicable motor vehicle laws and a scene investigation showing the design and configuration of the roadway where the collision occurred.
The amount of damages paid to you is reduced by the percentage you are considered at fault. Also, be aware that your percentage of fault will also be considered when reimbursing you for other accident related costs, such as rental car charges.
What if I am not happy with the percentage of negligence assigned to me in the settlement of my claim? In the event that you continue to be dissatisfied with the claim settlement after filing an Internal Appeal, the company must inform you of your right to contact the Office of the Insurance Ombudsman to request a review of the claim and the appeal determination.
Our office makes every effort to thoroughly review disputed claims and to be sure the insurance company has conducted a complete investigation and reasonable determination when deciding who is at fault for an accident. Unfortunately, sometimes such cases involve a dispute between the drivers involved as to how the accident occurred or differing opinions about who is more at fault or how much fault each driver should be assigned.
Issues which are ultimately disputes about facts surrounding the accident or determining whose statement is accurate are issues for the courts to determine if there is an ongoing dispute that we can not resolve.
Even if you file an internal appeal and a request for our office to provide assistance, you retain the right to file suit against the other individual in the appropriate court of law to resolve the claim dispute. Your County Court Clerk can provide you with information on the appropriate court given the dollar amount of damages you are seeking, where you live or where the accident happened.
If you have any further questions or would like additional information, you can contact the Department of Banking and Insurance either through the Office of the Insurance Claims Ombudsman at or the Consumer Inquiry and Response Center CIRC at OPRA is a state law that was enacted to give the public greater access to government records maintained by public agencies in New Jersey.FDIC Law, Regulations, Related Acts [Table of Contents] [Previous Page] - Statements of Policy Interagency Policy Statement on Funding and Liquidity Risk Management.
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