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New Jersey accident law

New Jersey car accident settlement calculator

New Jersey is a choice no-fault state that uses modified comparative negligence, 51% bar. You generally have 2 years to file an injury lawsuit. The calculator below applies these rules to your numbers.

Injury lawsuit deadline2 yearsN.J.S.A. 2A:14-2(a) (personal injury, 2 years); 2A:14-1(a) (tortious injury to personal property, 6 years); 2A:31-3 (wrongful death, 2 years); 59:8-8 (Tort Claims Act notice)
Fault ruleModified (51% bar)N.J.S.A. 2A:15-5.1
Insurance systemChoice no-faultPIP required
Minimum liability35/70/25thousands of dollars

New Jersey settlement estimate

How serious is the injury?
Moderate: months of treatment, full recovery. Typical multiplier 2 to 3.
Applied to your medical bills. Set by the injury above, adjust if you like.
Leave at 0 if unknown.
Lawyer fee, costs and liens
Estimated amount to you
$46,500

Likely range depends on the injury

Economic damages
$16,500
Pain and suffering
$30,000
Injury claim value
$46,500
After your share of fault
$46,500
Attorney fee and costs
$0
Liens repaid
$0

New Jersey: Modified comparative negligence, 51% bar, choice no-fault state.

An estimate, not legal advice. Deadlines can be shorter in some situations, for example for claims against a city or state agency. Talk to a New Jersey attorney about your case.

New Jersey filing deadlines

ClaimDeadline
Personal injury lawsuit2 years
Vehicle and property damage6 years
Wrongful death2 years
Notice of a claim against a government90 days: notice of claim to the public entity not later than the 90th day after accrual (N.J.S.A. 59:8-8); suit may be filed after 6 months and is barred after 2 years
N.J.S.A. 2A:14-2(a) (personal injury, 2 years); 2A:14-1(a) (tortious injury to personal property, 6 years); 2A:31-3 (wrongful death, 2 years); 59:8-8 (Tort Claims Act notice). Counted from the accident date in most cases.

Property: 'for any tortious injury to real or personal property... within six years'. Wrongful death: 'within 2 years after the death of the decedent' (no limit if death resulted from murder or manslaughter with conviction). Tort Claims Act: late notice possible with court leave within one year (59:8-9).

If you were partly at fault

New Jersey follows modified comparative negligence, 51% bar. Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.

  • With $100,000 in damages and 30% of the fault, you would recover $70,000.
  • With 55% of the fault, you would recover $0, because the rule bars your claim.

Plaintiff recovers if 50% or less at fault (compared with one defendant or all defendants combined); damages reduced by plaintiff's percentage.

Source: N.J.S.A. 2A:15-5.1. Compare all states in the comparative negligence table.

Choice no-fault state

Your own personal injury protection pays your medical bills and lost wages first, with a required minimum of Standard policy: $15,000 minimum (up to $250,000 for certain injuries regardless of limit chosen); Basic policy: $15,000 (up to $250,000 for certain injuries). The threshold to claim pain and suffering from the at-fault driver: Choice. 'Limitation on Lawsuit' (verbal threshold, also built into the Basic policy): no pain and suffering suit unless loss of body part, significant disfigurement or scarring, displaced fracture, loss of a fetus, permanent injury, or death. 'No Limitation' option keeps the full right to sue. Which rules apply depends on the option chosen on the policy.

Listed injuries: loss of body part; significant disfigurement or significant scarring; a displaced fracture; loss of a fetus; permanent injury; death.

Minimum car insurance in New Jersey

$35,000 per person and $70,000 per accident for injuries, $25,000 for property damage, effective January 1, 2026. Uninsured motorist coverage is required.

Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. Applies to the Standard policy. The Basic policy (N.J.S.A. 39:6A-3.1) has $5,000 property damage liability, no bodily injury liability required ($10,000 optional), and no UM. DOBI 2026 guide: 'A minimum amount of Uninsured/Underinsured Motorist Coverage is required' for the Standard policy.

Damage caps

New Jersey does not cap pain and suffering in ordinary car accident cases. Punitive damages: Capped at the greater of 5 times compensatory damages or $350,000 (exceptions include LAD, CEPA, bias crime, and drunk driving cases).

Dog bite law

Strict liability statute. Victim must be in a public place or lawfully on private property (including the owner's property). Non-bite injuries fall under common law.

Source: N.J.S.A. 4:19-16. Estimate a claim with the dog bite calculator.

Frequently asked questions

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

2 years from the accident for an injury lawsuit and 6 years for vehicle damage (N.J.S.A. 2A:14-2(a) (personal injury, 2 years); 2A:14-1(a) (tortious injury to personal property, 6 years); 2A:31-3 (wrongful death, 2 years); 59:8-8 (Tort Claims Act notice)). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.

Is New Jersey a no-fault state?

New Jersey is a choice no-fault state: drivers choose between no-fault coverage with limits on lawsuits and full tort rights. To sue for pain and suffering: Choice. 'Limitation on Lawsuit' (verbal threshold, also built into the Basic policy): no pain and suffering suit unless loss of body part, significant disfigurement or scarring, displaced fracture, loss of a fetus, permanent injury, or death. 'No Limitation' option keeps the full right to sue.

What happens if I was partly at fault in New Jersey?

New Jersey follows modified comparative negligence, 51% bar (N.J.S.A. 2A:15-5.1). Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.

What is the minimum car insurance in New Jersey?

$35,000 per person and $70,000 per accident for injuries, $25,000 for property damage (35/70/25), effective January 1, 2026. Uninsured motorist coverage is also required.

Does New Jersey cap pain and suffering damages?

Not in ordinary car accident cases.

Sources

Checked against official New Jersey sources November 5, 2026.

  1. New Jersey statute of limitations: N.J.S.A. 2A:14-2(a) (personal injury, 2 years); 2A:14-1(a) (tortious injury to personal property, 6 years); 2A:31-3 (wrongful death, 2 years); 59:8-8 (Tort Claims Act notice)
  2. New Jersey comparative fault: N.J.S.A. 2A:15-5.1
  3. New Jersey insurance system: N.J.S.A. 39:6A-8; NJ DOBI Auto Insurance Buyer's Guide 2026
  4. New Jersey minimum liability insurance: P.L.2022, c.87; NJ DOBI Bulletin No. 25-06
  5. New Jersey damage caps: N.J.S.A. 2A:15-5.14(b); NJ Model Civil Jury Charge 8.60
  6. New Jersey dog bite liability: N.J.S.A. 4:19-16