New Jersey filing deadlines
| Claim | Deadline |
|---|---|
| Personal injury lawsuit | 2 years |
| Vehicle and property damage | 6 years |
| Wrongful death | 2 years |
| Notice of a claim against a government | 90 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 |
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.
- 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)
- New Jersey comparative fault: N.J.S.A. 2A:15-5.1
- New Jersey insurance system: N.J.S.A. 39:6A-8; NJ DOBI Auto Insurance Buyer's Guide 2026
- New Jersey minimum liability insurance: P.L.2022, c.87; NJ DOBI Bulletin No. 25-06
- New Jersey damage caps: N.J.S.A. 2A:15-5.14(b); NJ Model Civil Jury Charge 8.60
- New Jersey dog bite liability: N.J.S.A. 4:19-16