If you’ve been in a car accident in New Jersey, you have a limited amount of time to take legal action. This legal deadline, called the statute of limitations, is more than just a technicality — missing it can mean losing your right to compensation. Understanding how this rule works and when the clock starts ticking can help you protect your claim.
What Is the Statute of Limitations?
The statute of limitations is a state law that sets the maximum time you have to file a lawsuit after an accident. It’s meant to ensure cases are brought while evidence is still fresh and before memories fade.
In New Jersey:
- Personal injury claims from a car accident generally must be filed within two years from the date of the crash.
- Wrongful death claims have the same two-year deadline, starting from the date of death.
- Property damage claims (such as vehicle repairs) typically have a six-year filing period.
Why It Matters for Your Case
Filing after the statute of limitations expires usually means your case will be dismissed, no matter how strong your evidence is. Even if you’re still negotiating with the insurance company, you can’t count on extra time — the law doesn’t pause for settlement talks.
Acting early also helps preserve:
- Witness statements while events are fresh in their minds
- Physical evidence, like vehicle damage and accident scene photos
- Medical records that clearly connect your injuries to the crash
New Jersey’s Choice No-Fault System and Your Claim
New Jersey’s choice no-fault auto insurance system affects how your claim begins, but not the overall lawsuit deadline. If you have:
- No-Fault (Limited Right to Sue) coverage: You must meet certain injury thresholds to sue the at-fault driver.
- Traditional (Unlimited Right to Sue) coverage: You can bring a claim for a wider range of injuries and damages.
Regardless of your policy type, once you meet the legal criteria to file a lawsuit, the two-year statute of limitations applies.
Exceptions That Can Change the Deadline
While the two-year rule is the standard, there are situations where the statute of limitations may be paused or extended:
- Minor victims: If the injured person is under 18, the clock may not start until their 18th birthday.
- Incapacitation: If the victim is mentally or physically unable to file, time may be tolled until capacity is regained.
- Unknown injury: In rare cases, if the injury was not and could not have been discovered immediately, the deadline may commence from the date of discovery.
These exceptions can be complex, and proving them requires strong evidence.
Why Waiting Can Hurt Your Claim
Even if you technically have time left, delaying can hurt your ability to recover fair compensation. Evidence can disappear, witnesses can relocate, and insurance companies may be less motivated to negotiate as the deadline approaches. By contacting a lawyer soon after the accident, you give your case the best chance of success.
How a Personal Injury Lawyer Can Help
At Nagel Rice, we help New Jersey accident victims protect their rights from day one. In statute of limitations cases, we can:
- Determine the exact deadline for your claim
- Gather and preserve key evidence before it’s lost
- Handle all communications and negotiations with the insurance company
- File a lawsuit on time if a settlement isn’t possible
By keeping track of the legal clock for you, we help you focus on recovery without the stress of missing important deadlines.
Steps to Take Now If You’re Unsure About Your Deadline
If you think your deadline is approaching, don’t wait to get legal advice. You can:
- Review your accident date and any insurance correspondence.
- Gather documents like the police report, medical records, and repair bills.
- Call a lawyer to confirm your statute of limitations and next steps.
Taking these actions can make the difference between a strong case and a weak one.
Talk to a New Jersey Car Accident Lawyer Today
In New Jersey, the statute of limitations for car accident injury claims is generally two years; however, certain exceptions may shorten or extend this time frame. Missing the deadline can result in the loss of your right to recover compensation for your injuries, medical bills, and lost wages. Contact Nagel Rice today to ensure your case is filed on time.