Can Vehicle Modifications Affect Car Accident Liability in NJ?
A motor vehicle with aftermarket modifications can become an issue of contention during a car accident claim in New Jersey. If a modification is unsafe or illegal, a car insurance company could reject the claim by alleging negligence on the part of the vehicle owner. In certain cases, the owner could absorb liability for the crash and become ineligible for compensation. Make sure to consult a car accident lawyer in New Jersey for legal guidance and support.
How Do Car Insurance Companies View Vehicle Modifications?
Vehicle modifications can significantly affect the question of liability during a car accident insurance claim. If the insurance company has reason to believe that the modifications are unsafe or contributed to the accident, this could make the owner of the modified vehicle liable.
Examples of Unsafe or Illegal Vehicle Modifications in New Jersey
A vehicle modification that is within the confines of New Jersey law generally will not present an issue during a car insurance claim, as long as it did not contribute to the crash. Checking New Jersey Vehicle Code can help you choose aftermarket modifications that only comply with state law.
Certain modifications, however, can be viewed as unsafe and present car accident liability issues. Examples include:
- Window tint: no window tint is allowed on the front windshield of a car. The front and rear side windows also cannot have a mirrored or metallic appearance. Window tint that is installed cannot be darker than state law permits.
- Lights: a vehicle’s headlights cannot emit lights of any color other than white. The tail lights and headlights installed must be approved by the U.S. Department of Transportation. Additional lighting beneath the vehicle is against the law.
- Lift kits: in New Jersey, vehicles are subject to a maximum height based on their weight. Any vehicle with a lift kit must have specific documentation in the form of an elevated vehicle approval certificate for the modification to be legal.
- Exhaust: aftermarket exhaust systems installed on vehicles may not emit excessive noise unless they have been approved by the New Jersey Motor Vehicle Commission. Exhaust systems must be in good working order.
In addition, anything added to the dashboard or windshield of a car, including dashcams, cannot obstruct a driver’s view of the road. Even if a vehicle modification is not expressly prohibited in the language of New Jersey’s laws, it could be viewed as an unsafe addition and affect a car accident insurance claim.
Vehicle Modifications and Comparative Negligence
If an investigation of a car accident claim finds that one of the vehicles had modifications that violated safety standards or laws, the insurance company could take this as negligence on the part of the vehicle owner. This could place liability for the collision wholly or in part on the driver of that vehicle.
If a modification is found to have directly contributed to the accident, such as modified tires that failed on a drive, liability may rest entirely with the owner of the vehicle or the person who installed the modification. Otherwise, the driver may absorb partial liability under New Jersey’s comparative negligence laws.
This law states that if a claimant is allocated a percentage of fault for an automobile accident, his or her financial recovery will be reduced by an equivalent amount. If a negligent modification is found to have caused a car accident by more than 51 percent, however, the driver may not be eligible for any compensation.
To receive tailored legal advice about a car accident case involving a modified vehicle in New Jersey, contact us for a free consultation with a New Jersey injury attorney.