The police report says it's my fault. What now?

Does the police report decide who is at fault?

No. For the insurance claim, the person handling it at the insurance company (the adjuster) decides a percentage of fault for each driver after looking at everything.

So tell your side. The adjuster also weighs what you and any witness say, the traffic laws, and the layout of the road.¹

If it goes to court, a judge or jury decides, not the officer. They give each driver a share of the blame, like 70 and 30, and the shares must add up to 100.²

What do the fault boxes on a NJ crash report really mean?

They show the officer's best guess at what led to the crash, not a final ruling on who pays. The state uses them to study crashes, not to settle what you get.³

A code next to your car does not mean the other driver is off the hook. Look at the other car's boxes too: the officers' manual says at least one car always gets a reason, and often both do.³

Crashed on ice? Don't panic about an "unsafe speed" mark: the manual tells officers to use it on icy roads even with no ticket. To make sense of your own report, use our guide on how to read a New Jersey crash report.

How do I ask the police to correct my crash report?

In writing, to the department that came to the scene, as soon as you have a copy. The state insurance department gives the same advice: tell your insurance company about any mistake and contact that police department.⁴

1. Get the report. Our NJ crash report finder names the agency and how to ask.
2. Mark the exact box, line or sentence that is wrong, and write what is right.
3. Start with the facts you can prove: a wrong street, a missing passenger, the wrong direction, the wrong car in the drawing.
4. Attach proof: photos, dashcam or store video, repair estimates that show where each car was hit.
5. Add a witness's name and number. Most people don't have one (only 28 percent do), so a witness can make you stand out.
6. Ask for a corrected report or an added statement, and keep a copy of everything you send.

If the officer won't change a judgment call, don't give up: send your written side of the story to your insurance company, so it sits in the file next to the report.

My insurance company also put me at fault. Can I push back?

Yes. Raise it with the adjuster and the adjuster's boss first. Every car insurance company in New Jersey must let you appeal inside the company and must tell you where to send it.⁵

If the appeal fails, you can still ask a state office to review it (the Office of the Insurance Claims Ombudsman), and the company must tell you how. Appealing or complaining does not take away your right to sue.⁴

Will it count against me on my insurance?

Only if two things are true. You were at least half to blame in a two-car crash (a third, 33 1/3 percent, with three cars), and the insurance company paid at least $1,000.⁶

Good news: it does not count against you if you were legally parked, if you were rear-ended and not convicted of a moving violation, or if only the other driver was convicted.⁶

What if I really was partly to blame?

You can still be paid, as long as your share is not bigger than the other driver's. Your money is cut by your share, so at 20 percent you keep 80 percent.⁷

Split 50/50 in a two-car crash? The insurance department says you can still collect half, and your own car insurance PIP pays your doctors no matter who was at fault.¹⁸

Want to see how the split works out in real money? Read about the 51 percent rule in NJ and real fault splits in NJ cases, with worked examples.

What did people who were blamed say when they asked for help?

If you are sure it was not your fault, you are like most people who were blamed. Nearly all of them (60 of 65) said "not at fault" when they asked for help.

Even the 4 people whose cases ended because they were blamed believed it was not their fault (three said "no", one said "both"). Your belief alone does not change the report, so bring proof.

And if you blame yourself, or aren't sure, you can still have a claim. When people call for help, 44 percent blame the other driver, 25 percent blame themselves and 32 percent aren't sure.⁹