You were hurt in a crash, but the other driver didn’t get a ticket. Now the insurance company is acting like the accident never happened. Too many people give up on their claim because they’re missing a traffic citation. It’s not. Here’s how New Jersey treats fault in a civil claim.
Why police may not issue a ticket after an accident
A missing ticket doesn’t necessarily mean no one was at fault. It could be that the officer didn’t have the authority or enough information to make a legal judgment call at the scene.
Here are a couple of reasons why a ticket might not be issued:
- The officer didn’t witness the crash and couldn’t assign blame on the spot.
- Both drivers gave conflicting stories with no clear evidence.
- The crash caused only property damage.
- The officer focused on medical response or clearing traffic.
- The situation looked like a mutual mistake.
These reasons do not mean you don’t deserve compensation after a car crash.
How fault is actually decided in New Jersey
New Jersey uses a modified comparative negligence rule. You may recover damages if your share of fault is 50% or less. You get reduced compensation if you’re partially responsible, but it doesn’t disappear.
Insurance companies and courts rely on what can be proven, not on whether a ticket was written.
What matters more than a traffic ticket
You can use the following evidence to support your claim:
- Statements from drivers and witnesses
- Photos or video from the scene
- Vehicle damage and skid marks
- Medical records and treatment history
- The police report
Your evidence will move your claim forward more than any traffic ticket would.
Don’t wait for permission to act
Insurance companies drag their feet or blame you to get you to drop your claim; it’s their go-to tactic. And if you’re sitting at home wondering whether you even have a case because the other driver wasn’t cited, you’re not alone. Consider consulting an experienced lawyer who knows how to present evidence and use it to your advantage. Don’t wait for the system to hand you justice. Go get it.