# New Jersey car accident law: deadlines, no-fault and your claim

> New Jersey car accident claims: the 2-year deadline, the 51% fault bar, PIP, the limitation-on-lawsuit threshold and the 90-day notice to public bodies.

Canonical page: https://accidentclaimfacts.com/location/new-jersey/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

In New Jersey you generally have 2 years from the crash to file an injury lawsuit, and 2 years from the date of death for wrongful death. New Jersey is a choice no-fault state: your own personal injury protection pays your medical bills first, and the lawsuit option you picked on your policy decides whether you can sue for pain and suffering. Under the Limitation on Lawsuit option, you can sue for pain and suffering only for death, loss of a body part, significant disfigurement or scarring, a displaced fracture, loss of a fetus, or a permanent injury.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Injury lawsuit deadline | 2 years | N.J. Stat. Ann. § 2A:14-2(a) |
| Vehicle damage deadline | 6 years | N.J. Stat. Ann. § 2A:14-1 |
| Wrongful death deadline | 2 years, from the date of death | N.J. Stat. Ann. § 2A:31-3 |
| Fault rule | Modified comparative: barred at 51% or more | N.J. Stat. Ann. § 2A:15-5.1 |
| Notice to a public entity | 90 days | N.J.S.A. 59:8-8 |
| Minimum liability insurance | $35,000 / $70,000 / $25,000 | Standard Policy: per person / per crash / property |
| Insurance system | Choice no-fault | PIP of at least $15,000 per person |
| Traffic deaths, 2024 | 670 | IIHS |
| Lawyer referral | Run by county bar associations | [County list](https://njsba.com/county-bar-associations-for-the-public/) |

## Filing deadlines in New Jersey

New Jersey's statute of limitations for crash injury lawsuits is 2 years, and the clock usually starts on the day of the crash. Property damage has a much longer window.

| Claim | Deadline | Law |
|---|---|---|
| Personal injury | 2 years | N.J. Stat. Ann. § 2A:14-2(a) |
| Damage to your vehicle or other property | 6 years | N.J. Stat. Ann. § 2A:14-1 |
| Wrongful death | 2 years from the date of death | N.J. Stat. Ann. § 2A:31-3 |
| Claim against a public entity | Notice of claim within 90 days | N.J.S.A. 59:8-8 |

For an injured child, the deadline does not start until the child turns 18 (N.J.S.A. 2A:14-21). This is a form of tolling.

Claims against the state, a county, a town or another public entity are strict. You must file a written notice of claim within 90 days after the claim arises, and you cannot sue until 6 months after the entity receives it. A late notice of claim is allowed within 1 year, only with a Superior Court judge's permission and a showing of extraordinary circumstances. A claimant who misses these limits, or lets two years pass, is barred from recovering against the public entity.

> **Warning:** Talking with an insurer does not pause any of these deadlines. If a claim is still open as the deadline nears, a lawsuit may need to be filed to protect it.

## How fault is shared in New Jersey

New Jersey uses modified comparative fault under N.J. Stat. Ann. § 2A:15-5.1. Your damages are reduced by your share of fault, and you recover nothing if your fault is greater than that of the people you are suing.

> **Example:** At a busy intersection in Newark, you pull out on a stale yellow light and are hit by a driver who was speeding. A jury finds the other driver 70% at fault and you 30%. Your proven damages are reduced by 30%. At 51% fault, you would recover nothing.

Fault still matters in a no-fault state: it decides who pays for vehicle damage, pain and suffering, and losses beyond PIP. The [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=nj&fault=20#fault) compares New Jersey with other states.

## Insurance in New Jersey

New Jersey offers two types of policy. A Standard Policy must include liability of at least $35,000 per person and $70,000 per crash for injuries, plus $25,000 for property damage. A Basic Policy offers less coverage and always comes with the Limitation on Lawsuit option.

- **PIP.** Required: $15,000 per person per accident (up to $250,000 for certain injuries). PIP pays your own medical expenses no matter who caused the crash. You may be able to make your own health insurance the primary source of payment instead, though Medicare and Medicaid cannot be used that way.
- **Uninsured and underinsured motorist coverage.** Required in a Standard Policy: at least $35,000/$70,000 bodily injury and $25,000 property damage. The Insurance Information Institute estimates that 14.1% of New Jersey drivers were uninsured in 2023.

The insurance regulator is the New Jersey Department of Banking and Insurance (DOBI): 800-446-7467 (consumer hotline); 609-292-7272. Our guide on [who pays medical bills](https://accidentclaimfacts.com/money/who-pays-medical-bills/) explains how PIP and health insurance fit together.

## After a crash in New Jersey

New Jersey law requires drivers to tell the police by the quickest means after a crash that injures or kills someone or causes more than $500 in property damage (N.J.S.A. 39:4-130). Notice goes to the local police, the county police or the State Police.

If no officer investigates and files a report, the driver must send a written report within 10 days on forms the state provides. When an officer does investigate, the officer must send the report to the Department of Transportation within 5 days.

You can get a copy of the report from the police department that investigated; the reports are public, and the department must mail or fax a copy on request (N.J.S.A. 39:4-131). The department may ask for a request form and the fee first. Our guide to the [police report](https://accidentclaimfacts.com/claim-process/police-report/) explains how to read one.

## Special rules in New Jersey

**The lawsuit threshold.** Every New Jersey driver with a Standard Policy chooses between two options. Under the Limitation on Lawsuit option (often called the verbal threshold), you can sue the driver who caused the crash for pain and suffering only for death, loss of a body part, significant disfigurement or scarring, a displaced fracture, loss of a fetus, or a permanent injury. An injury counts as permanent when the body part or organ has not healed to function normally and will not heal to function normally with further medical treatment, based on objective medical proof. Under the No Limitation on Lawsuit option, you keep the right to sue for pain and suffering for any injury. The choice affects what your insurance costs.

If no choice was made on the coverage selection form, the Limitation on Lawsuit option applies by law. Either way, the limitation does not affect your right to sue for economic losses such as medical expenses and lost wages.

**Lawyer fee limits.** New Jersey court rules cap contingency fees in injury cases at 33 1/3% of the first $750,000, 30% of the next $750,000, 25% of the next $750,000 and 20% of the next $750,000. The fee is computed on the net sum recovered after deducting case costs, and on a recovery above $3,000,000, the court sets the fee on the excess. See our guide to [contingency fees](https://accidentclaimfacts.com/money/contingency-fees/).

## Crashes on New Jersey roads

The Insurance Institute for Highway Safety counted 670 crash deaths in New Jersey in 2024. That is 7.1 per 100,000 people, well below the national rate of 11.5 per 100,000 people. Speeding was a factor in 23% of deaths, 15% happened on rural roads, and IIHS estimates that 24% of fatally injured passenger vehicle drivers had a blood alcohol concentration of 0.08 g/dL or more.

## Finding a lawyer in New Jersey

The New Jersey State Bar Association does not refer people to lawyers itself. Instead, it [lists the county bar association lawyer referral services](https://njsba.com/county-bar-associations-for-the-public/) with their phone numbers; you must live in the county to use its referral service. The New Jersey Judiciary, not the bar association, licenses and disciplines lawyers. Our guides to [lawyer referral services](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/) and [checking a lawyer's license](https://accidentclaimfacts.com/choosing-a-lawyer/check-a-lawyers-license/) explain what to ask and look for.

## FAQ

### What is the statute of limitations for a car accident in New Jersey?

Generally 2 years from the crash for injuries and 6 years for vehicle damage. A wrongful death claim has 2 years from the date of death. Claims against a public entity need a notice of claim within 90 days.

### Is New Jersey a no-fault state?

Yes, a choice no-fault state. Your own PIP pays your medical expenses whoever caused the crash, and your policy's lawsuit option decides when you can sue the other driver for pain and suffering.

### What is the verbal threshold in New Jersey?

It is the common name for the Limitation on Lawsuit option. With it, you can sue for pain and suffering only for death, loss of a body part, significant disfigurement or scarring, a displaced fracture, loss of a fetus, or a permanent injury. It applies by law if no choice was made.

### Can I recover if I was partly at fault in New Jersey?

Yes, if your fault was not greater than that of the people you are suing. Your damages are reduced by your percentage; at 51% or more, you recover nothing.

### Do I have to report a car accident in New Jersey?

Yes, if anyone is hurt or killed or property damage is more than $500. Tell the police by the quickest means available.

### How much can a New Jersey lawyer charge on a car accident case?

Court rules cap contingency fees at 33 1/3% of the first $750,000, 30% of the next $750,000, 25% of the next $750,000 and 20% of the next $750,000, computed on the net recovery after case costs. Above $3,000,000, the court sets the fee on the excess.

## Sources

- [New Jersey Department of Banking and Insurance, New Jersey Auto Insurance Buyer's Guide](https://nj.gov/dobi/division_consumers/pdf/autoguide2026.pdf) — policy types, PIP, health care primary option and lawsuit options
- [New Jersey Legislature, P.L.2019, c.120](https://pub.njleg.gov/bills/2018/PL19/120_.HTM) — injury limitation period
- [New Jersey State Bar Association, County bar associations for the public](https://njsba.com/county-bar-associations-for-the-public/) — county lawyer referral services and the Judiciary's role
- [Justia (2025 New Jersey Revised Statutes), N.J.S.A. 2A:31-3](https://law.justia.com/codes/new-jersey/title-2a/section-2a-31-3/), checked October 29, 2026
- [Justia (2025 New Jersey Revised Statutes), N.J.S.A. 2A:14-1](https://law.justia.com/codes/new-jersey/title-2a/section-2a-14-1/), checked October 29, 2026
- [New Jersey Legislature, N.J.S.A. 2A:15-5.1](https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/112/352), checked October 29, 2026
- [Justia (2025 New Jersey Revised Statutes), N.J.S.A. 59:8-8](https://law.justia.com/codes/new-jersey/title-59/section-59-8-8/), checked October 29, 2026
- [Justia (2025 New Jersey Revised Statutes), N.J.S.A. 2A:14-21](https://law.justia.com/codes/new-jersey/title-2a/section-2a-14-21/), checked October 29, 2026
- [Justia (2025 New Jersey Revised Statutes), N.J.S.A. 59:8-9](https://law.justia.com/codes/new-jersey/title-59/section-59-8-9/), checked October 29, 2026
- [Justia (2025 New Jersey Revised Statutes), N.J.S.A. 39:4-130](https://law.justia.com/codes/new-jersey/title-39/section-39-4-130/), checked October 29, 2026
- [Justia (2025 New Jersey Revised Statutes), N.J.S.A. 39:4-131](https://law.justia.com/codes/new-jersey/title-39/section-39-4-131/), checked October 29, 2026
- [U.S. District Court for the District of New Jersey, Nikoo v. Cameron, No. 18-11621 (2021), quoting N.J. Court Rule 1:21-7(c)](https://www.govinfo.gov/content/pkg/USCOURTS-njd-1_18-cv-11621/pdf/USCOURTS-njd-1_18-cv-11621-0.pdf), checked October 29, 2026
- [New Jersey Court Rules, R. 1:21-7(d) (text via courtrules.net)](https://www.courtrules.net/new_jersey/nj-general/rule-1-21-7), checked October 29, 2026
- [NHTSA, Drunk Driving (risky driving page)](https://www.nhtsa.gov/risky-driving/drunk-driving), checked October 29, 2026
- [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 28, 2026
- [IIHS, Fatality Facts 2024: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state), checked June 1, 2026
- [New Jersey Department of Banking and Insurance, Bulletin No. 25-06 (increased minimum liability limits)](https://www.nj.gov/dobi/bulletins/blt25_06.pdf), checked July 31, 2025
- [New Jersey Legislature, P.L.2022, c.87 (N.J.S.A. 17:28-1.1, 39:6A-3, 39:6B-1)](https://pub.njleg.gov/Bills/2022/PL22/87_.HTM), checked August 5, 2022