New Jersey car accident statute of limitations: two years for injury
The New Jersey car accident statute of limitations gives two years to sue for injury. Call free.
New Jersey is a no-fault state, so your own PIP cover pays medical bills first, whoever caused the crash. To sue for an injury, you have two years, under N.J.S.A. 2A:14-2. A claim for car damage gets six years. Your policy’s lawsuit option may also limit a pain and suffering claim.
The deadlines in New Jersey
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Two years | N.J.S.A. 2A:14-2 |
| Car or property damage lawsuit | Six years | N.J.S.A. 2A:14-1 |
| Claim against a public entity | Notice within 90 days | N.J.S.A. 59:8-8 |
| Shared fault | Barred if your fault is greater | N.J.S.A. 2A:15-5.1 |
| Minimum liability cover (Standard Policy) | $35,000 / $70,000 / $25,000 | NJ DOBI buyer’s guide |
| No-fault PIP (Standard Policy) | At least $15,000 per person | NJ DOBI buyer’s guide |
When New Jersey gives you less time or more
A public entity is a government body, such as the state, a county, a town or a school board. A claim against one must be presented within 90 days, under N.J.S.A. 59:8-8. After notice, you wait six months before suing and the suit is barred two years after the crash.
Children get more time. If the injured person was under 18, the two years start at adulthood, under N.J.S.A. 2A:14-21.
Your lawsuit option and the verbal threshold
Most New Jersey drivers pick the limitation on lawsuit option, often called the verbal threshold, per the state buyer’s guide. With it, you can sue for pain and suffering only for listed injuries. These include a lost body part, a displaced fracture, serious scarring or a permanent injury. Medical bills and lost wages can still be claimed.
Check the declarations page of your own policy. It shows which option you chose and that choice shapes the whole claim.
How shared fault works in New Jersey
You may recover as long as your negligence was not greater than the negligence of the drivers you sue, combined, under N.J.S.A. 2A:15-5.1. Your damages are cut by your percentage.
When to call a New Jersey car accident lawyer
Call fast if a municipal bus or county truck was involved, since 90 days goes quickly. Otherwise, reach an attorney while there is still time to prove the injury meets the threshold. A lawyer will review your case for free and is paid only from money recovered.
Other states: New York, Pennsylvania, Delaware or every state on one page.
New Jersey car accident statute of limitations questions
How long do I have to sue after a car accident in New Jersey?
Two years for injuries under N.J.S.A. 2A:14-2 and six years for car damage under N.J.S.A. 2A:14-1.
Can I sue for pain and suffering in New Jersey?
With the no limitation option, yes, for any injury. With the limitation on lawsuit option, only for the permanent or serious injuries the law lists.
What is the minimum car insurance in New Jersey?
A Standard Policy starts at $35,000 per person, $70,000 per crash and $25,000 for property, plus $15,000 in PIP. A Basic Policy is lower.
How long do I have to file a claim against a New Jersey town?
Ninety days from the crash for the notice. After that, a late claim needs the court’s permission.
Before the clock runs out
In New Jersey your lawsuit option and the two-year deadline both shape what an insurer will pay. Call before you sign a release and a lawyer will check your threshold, your date and your offer free.
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