NEW JERSEY AUTO INSURANCE GUIDE
New Jersey Modified Comparative Negligence & the Greater-Than-50% Bar
New Jersey follows modified comparative negligence. A claimant whose negligence is greater than the negligence attributable to the defendant or combined defendants may be barred from recovery; otherwise damages are reduced by the claimant’s percentage of fault. This guide will address fault allocation, multiple defendants, nonparty fault, and litigation consequences.
Publication review note — September 17, 2026. Verify current N.J.S.A. 2A:15-5.1 et seq., allocation rules, joint-liability provisions, and controlling decisions before publication.