Injury · New Jersey
the short answer
You have two years from the day of the crash to file, and no amount of talking to an insurer extends it. Being partly to blame reduces what you collect, and being more than half to blame ends the claim. Your own insurer pays the medical bills first, and whether you can sue for pain and suffering turns on which option your policy took.
source ↗Not yet checked against the statute.
governing statute
N.J. Stat. § 2A:14-2
source ↗Not yet checked against the statute.
who pays first
New Jersey lets you choose, and the choice was already made in the policy you bought. Under the limited option your own insurer pays the medical bills and you may sue the other driver for pain and suffering only if the injury is death, dismemberment, significant disfigurement or scarring, a displaced fracture, loss of a fetus, or a permanent injury; under the full option no threshold applies at all. (N.J. Stat. § 39:6A-8)
source ↗Not yet checked against the statute.
Across the country. 3 of the 51 states written up answer this the same way as New Jersey. Compare every state →
your share of the fault
You recover unless your share of the fault is greater than everyone else's put together. Fifty percent still recovers, fifty-one recovers nothing, and below the bar the award is cut by your percentage. (N.J. Stat. § 2A:15-5.1)
source ↗Not yet checked against the statute.
Across the country. 24 of the 51 states written up answer this the same way as New Jersey. Compare every state →
limit
2 years
source ↗Not yet checked against the statute.
Across the country. 25 of the 51 states written up answer this the same way as New Jersey. The shortest is 1 year, as in Tennessee; the longest is 6 years, as in Maine. Compare every state →
which court
Small Claims section of the Special Civil Part
source ↗Not yet checked against the statute.
small claims limit
$5,000
source ↗Not yet checked against the statute.
exceptions: The Special Civil Part's other docket takes claims up to $20,000. A claim for the return of a security deposit may be filed in either one.
source ↗Not yet checked against the statute.
also
The election is made on the policy and not after the crash, so the answer for your claim is already written in a document you signed. Read the declarations page before you read anything else: it says which option you bought.
source ↗Not yet checked against the statute.
your situation
Everything above is the law as it reaches everyone in New Jersey. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.
This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case. Terms · Privacy
a car accident — state by state →other claims in this state →
sponsors