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Can I Get Compensation for my Injuries if the Auto Accident Might Have Been Partly my Fault?

Wed, 03/14/2012

Your right to pursue compensation for injuries after an auto accident depends on the state in which you live. Depending on the state, you either may or may not pursue compensation if you contributed to the accident.

In New Jersey and Pennsylvania – the states served by the attorneys at Wapner, Newman, Wigrizer, Brecher & Miller – two main factors influence your ability to recover compensation:

  • The degree to which you were at fault for causing the auto accident.
  • The stipulations of your car insurance policy.

New Jersey and Pennsylvania follow a 51 percent contributory negligence rule. If you are 51 percent or more at fault in causing the car accident, you may not pursue compensation in a lawsuit against the other driver. Conversely, you may pursue compensation if you were 50 percent or less at fault, although the amount awarded will be impacted by your degree of fault.

Recovering compensation also depends on your specific car insurance policy. In Pennsylvania and New Jersey, motorists have the option of no-fault insurance, also known as person injury protection or PIP. If PIP is part of your policy, you must file a claim with your own insurance company regardless of who was at fault; in most cases, PIP prevents you from pursuing compensation for medical expenses or lost wages from the other driver. Our attorneys can determine all possible avenues of compensation for your injuries.

If you have been injured in an auto accident in New Jersey or Pennsylvania, including the areas of Philadelphia, Allentown, West Conshohocken and Marlton, please contact the experienced attorneys at Wapner, Newman, Wigrizer, Brecher & Miller to schedule a consultation.