New Jersey Accident Law Snapshot

New Jersey Car Accident Claims

Legal Options After a Car Accident in New Jersey In New Jersey, victims of car accidents can file a claim with the at-fault driver's insurer or pursue a personal injury lawsuit. New Jersey follows modified comparative negligence with a 51% bar under N.J. Stat. §2A:15-5.1 - recovery is barred when the plaintiff's negligence is greater than the defendant's, meaning a plaintiff at 51% or more fault cannot recover. Below that threshold, compensation is reduced by the plaintiff's fault percentage. Damages may include medical expenses, lost wages, property damage, and pain and suffering. The statute of limitations for personal injury claims is two years, so acting quickly to preserve police reports, witness statements, and medical records is essential to maximize your chances of full recovery.

Quick Facts

Statute: 2 years.
Fault Rule: Modified comparative negligence, 51% bar (N.J. Stat. §2A:15-5.1 - barred if fault exceeds 50%).
Minimum Coverage: $15,000 per person / $30,000 per accident / $5,000 property damage.

New Jersey Law

Key Facts for New Jersey Accident Claims

Statute of Limitations

2 years.

Personal injury claims

Fault System

Modified comparative negligence, 51% bar (N.J. Stat. §2A:15-5.1 - barred if fault exceeds 50%).

Comparative fault rules

Min. Liability Coverage

$15,000 per person / $30,000 per accident / $5,000 property damage.

State minimums

Uninsured Motorist

Must be offered unless rejected in writing.

Coverage status

Statute of Limitations in New Jersey

New Jersey requires filing personal injury claims within two years of the accident. Late filing generally bars recovery. Acting promptly ensures that evidence, including police reports, medical documentation, and witness statements, is preserved. Timely filing strengthens claims with insurers and supports legal actions in court for maximum compensation.

Don't Wait: Evidence can disappear and memories fade. Contact an attorney as soon as possible after your accident.

New Jersey's Fault System

New Jersey follows modified comparative negligence with a 51% bar under N.J. Stat. §2A:15-5.1. Injured parties may recover damages only if their share of fault does not exceed 50%. A plaintiff found 51% or more at fault is barred from any recovery. Below that threshold, compensation is reduced in proportion to the plaintiff's percentage of fault. Accurate and detailed documentation of the accident, medical treatments, and witness accounts is critical for establishing liability and maximizing recovery under New Jersey law.

Injured in a New Jersey accident?

Connect with an experienced NJ attorney now.

Insurance Requirements

New Jersey drivers must carry minimum liability coverage of 15/30/5. Liability insurance protects others from bodily injury and property damage caused by your negligence. Insurers must offer uninsured motorist coverage unless rejected in writing. UM coverage is important to ensure protection against accidents involving drivers who lack sufficient insurance to cover damages.

Crash Data for New Jersey

NHTSA FARS 2024 data for New Jersey: 45 of 52 deaths in large-truck crashes (86.5%) affected people who were not inside the commercial vehicle - most of them in passenger cars (Cash4Crashes analysis of NHTSA FARS 2024). New Jersey rural EMS response times (48 min median) exceeded urban response times (37 min) by 11 minutes, a gap that reflects how crash location affects early medical access (Cash4Crashes analysis of NHTSA FARS 2024).

NHTSA FARS 2024 shows 57.7% of New Jersey's 220 pedestrian fatalities occurred at non-crosswalk locations - 127 of those deaths happened where no dedicated crossing infrastructure was marked (Cash4Crashes analysis of NHTSA FARS 2024).

Author

Cash4Crashes Editorial Team

Legal Review

Cash4Crashes Legal Review Team

Last Updated

2026-08-04

Sources

Free NJ Case Review

New Jersey FAQ

Frequently Asked Questions

You generally have two years from the date of the crash to file a personal injury lawsuit in New Jersey. Miss that window and the court can refuse to hear the case, no matter how strong the evidence is. Property damage claims and insurance filings often move on shorter internal deadlines set by the insurer, so don't wait on the two-year mark to start gathering records. Talking to an attorney early gives you time to preserve police reports, medical records, and witness statements before memories fade or evidence disappears.

Yes, as long as your fault does not exceed 50%. New Jersey follows modified comparative negligence with a 51% bar under N.J. Stat. §2A:15-5.1 - recovery is barred when your fault is greater than the defendant's. A plaintiff found 40% responsible still collects the other 60% of their damages. However, a plaintiff found 51% or more at fault recovers nothing. Because the insurer will try to push more fault onto you to trigger the bar or shrink the payout, detailed documentation of the scene, medical treatment, and witness accounts is the deciding factor in how the fault percentage gets assigned.

New Jersey drivers must carry at least $15,000 in bodily injury coverage per person, $30,000 per accident, and $5,000 in property damage liability, often written as 15/30/5. That liability coverage pays for the other driver's injuries and vehicle damage when you're at fault, not your own. If the at-fault driver only carries these state minimums, a serious injury can quickly exceed their policy limits, which is where your own uninsured or underinsured motorist coverage becomes important.

Insurers must offer uninsured motorist coverage on every policy, but a New Jersey driver can reject it in writing. If you didn't decline it, you have UM protection that pays when the at-fault driver has no insurance at all. It matters because plenty of drivers on New Jersey roads carry only the state's 15/30/5 minimum or nothing, and without UM coverage a hit-and-run or uninsured driver can leave you paying your own medical bills.

Get Help from a New Jersey Attorney

Our New Jersey accident attorneys are ready to fight for the compensation you deserve. Free case review, no fee unless you win.

(877) 611-4299