What Is The Statute Of Limitations For A Car Accident In NJ?
By Doug Standriff on March 23, 2025
If you’ve been in a car accident, time is of the essence. The statute of limitations is a deadline set by law. It dictates how long you have to file a lawsuit. In New Jersey, if you don’t act in time, your chance for compensation may be lost.
Here’s a guide to understanding the statute of limitations for NJ car accidents and how it affects your legal options.
Time Limits for Pursuing Injury Claims in New Jersey
The statute of limitations for NJ car accidents is two years from the date of the accident. This means you must file a lawsuit within two years if you are seeking compensation for injuries resulting from a car accident.
This time limit is applicable to most personal injury claims, including those arising from car accidents. After two years have passed, you generally lose the right to take legal action and seek compensation for things like medical expenses, lost wages, and pain and suffering.
Government Claims and Shortened Deadlines
The statute of limitations changes when a car accident involves government entities, such as a municipal vehicle or accident on government property.
If you are filing a claim against a government agency in New Jersey, you must give notice to the appropriate entity within 90 days of the accident. This is a strict deadline. Failing to meet it may bar you from filing a lawsuit, even if you are within the two-year limit.
After the 90-day notice, the typical two-year statute of limitations applies. For this reason, while the initial notice period is much shorter, you still have two years to file your claim once the notice is given.
Exceptions to the Two-year Time Frame
In certain situations, the statute of limitations may be “tolled” or paused. This means that the time limit for filing your claim can be extended under specific circumstances. For example:
- Minor Victims: If the person injured in the car accident is a minor (under 18), the statute of limitations does not start until they turn 18. This means they have until their 20th birthday to file a claim.
- Mental Incapacity: If the injured person is mentally incapacitated at the time of the accident, the statute of limitations may be paused until the individual regains their mental capacity.
- Defendant Outside NJ: If the defendant is out of state for an extended period, the statute of limitations may be tolled until they return to New Jersey.
These exceptions make it important to consult a car accident lawyer in NJ to understand if tolling applies to your case.
Consequences of Missing the Deadline
Missing the statute of limitations deadline can have serious consequences. If you fail to file your claim within the two-year period (or within 90 days for government claims), you lose your right to seek compensation. Even if you have solid evidence supporting your claim, the court will likely dismiss your case if it is filed too late.
Insurance companies may use the statute of limitations as a defense to avoid paying a fair settlement. They may argue that you waited too long to make a claim. They may also claim that your injuries were not significant enough to warrant compensation.
Act Quickly to Protect Your Rights
Waiting until the last minute to file your claim can cause unnecessary stress and complications. Gathering evidence such as photos, medical records, and witness statements takes time. Having a lawyer by your side will help speed up the process and file your case within the time limit.
Moreover, your attorney will be able to handle any delays, negotiate with insurance companies, and work toward a fair settlement for your injuries.
Experienced Personal Injury Lawyers in NJ – Let Bergen Law Maximize Your Compensation
If you’ve been injured in a car accident, don’t wait to get the help you need.
At Bergen Law, attorneys Douglas Standriff and Marissa Messinger have over 30 years of experience helping accident victims throughout New Jersey. Doug, a certified civil trial attorney, is one of only three percent of lawyers in New Jersey who have demonstrated exceptional trial skills through both rigorous exams and extensive trial experience.
Together, Doug and Marissa bring unmatched expertise, proven negotiation strategies, and a track record of securing millions for our clients. Call 551-231-8025 now for a free, confidential consultation. There’s no obligation. We are here to guide you every step of the way.
Let Bergen Law handle the legal complexities while you focus on your recovery. We’ll fight for the compensation you deserve and protect your rights. Reach out now.