Car Accident — New Jersey

Car Accident in New Jersey — What You Need to Know

New Jersey has specific laws that directly affect the value of your car accident claim and your deadline to file. Understanding them before you speak with any insurance company is critical.

Statute of Limitations

New Jersey statute of limitations for car accident claims: 2 years from the date of the accident (N.J.S.A. 2A:14-2). Missing this deadline permanently bars your claim.

New Jersey Verbal Threshold and Limited Tort Options

New Jersey is a no-fault state with two coverage options that significantly affect your right to sue. Under the 'verbal threshold' (or limitation on lawsuit) option, you can only sue for pain and suffering if you suffered a serious injury — death, dismemberment, significant scarring, displaced fracture, loss of fetus, or permanent injury. Under the 'no threshold' option, you can sue for any injury. Most New Jersey drivers choose the cheaper verbal threshold option, which limits their ability to pursue pain and suffering claims.

New Jersey-Specific Tip

Check your New Jersey auto insurance policy immediately to determine whether you selected the verbal threshold or no-threshold option. This choice — made when you bought your policy — directly determines whether you can sue for pain and suffering. Many policyholders do not know which option they selected.

📊 New Jersey follows modified comparative fault with a 51% bar — you cannot recover if you are 51% or more at fault.

What To Do After a Car Accident in New Jersey

1

Call 911 — a police report is required for insurance claims involving injury in New Jersey

2

Exchange insurance, license, and vehicle registration information with all drivers

3

Photograph all vehicles, license plates, road conditions, traffic signals, and injuries

4

Get witness contact information before anyone leaves the scene

5

Seek medical attention within 24 hours — even if you feel fine

6

Do NOT admit fault or apologize at the scene

7

Report to your own insurer but do not give a recorded statement to the other driver's insurer without an attorney

8

Contact a New Jersey personal injury attorney before accepting any settlement offer

Frequently Asked Questions — Car Accident in New Jersey

How long do I have to file a car accident lawsuit in New Jersey?

2 years from the date of the accident. 2 years from date of injury (N.J.S.A. 2A:14-2). Missing this deadline permanently bars your claim regardless of how serious your injuries are.

What fault rules apply to car accidents in New Jersey?

New Jersey is a no-fault state with two coverage options that significantly affect your right to sue. Under the 'verbal threshold' (or limitation on lawsuit) option, you can only sue for pain and suffering if you suffered a serious injury — death, dismemberment, significant scarring, displaced fracture, loss of fetus, or permanent injury. Under the 'no threshold' option, you can sue for any injury. Most New Jersey drivers choose the cheaper verbal threshold option, which limits their ability to pursue pain and suffering claims.

How much is a car accident case worth in New Jersey?

New Jersey car accident settlements depend on injury severity, medical costs, lost wages, and strength of liability. Minor injury cases may settle for $10,000-$50,000. Serious injury cases frequently settle for $100,000 to over $1 million.

Do I need a New Jersey personal injury attorney for a car accident?

Studies consistently show that represented accident victims receive 3-4 times more compensation than unrepresented victims — even after attorney fees. New Jersey PI attorneys work on contingency, so there is no upfront cost to get representation.

Ready to speak with a New Jersey attorney?

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