By Serdar Arslan, editor · Last reviewed · How we research
New Jersey drivers pick their own lawsuit rights when they buy insurance. A Standard Policy comes with a 'limitation on lawsuit' or 'no limitation on lawsuit' option that affects whether you can sue for pain and suffering, and PIP medical benefits default to $250,000 per person unless you choose a lower limit in writing. A Basic Policy caps PIP medical benefits at $15,000. Standard Policy liability minimums rose to 35/70/25 on January 1, 2026.
Claims against a public entity move fast: under the Tort Claims Act, a written notice of claim is generally due within 90 days of the crash, and you can sue once 6 months have passed after it is received. A judge may allow late notice within 1 year in some cases. Against private drivers, injury and wrongful death suits generally have 2 years, while vehicle damage claims get 6. Fault is compared under a modified rule that bars recovery above 50%. Uninsured motorist coverage is required. New Jersey recorded 670 traffic deaths in 2024.
Key rules at a glance
| Personal injury filing deadline | Generally 2 years from the date of the crash Source: N.J.S.A. 2A:14-2(a) |
|---|---|
| Property damage deadline | Generally 6 years for damage to your vehicle or other property Source: N.J.S.A. 2A:14-1(a) |
| Wrongful death deadline | Generally 2 years from the date of death; no deadline applies in certain cases where the death resulted from murder or manslaughter and the person was convicted Source: N.J.S.A. 2A:31-3 |
| Claims against a government entity | Under the New Jersey Tort Claims Act, you generally must file a written notice of claim with the public entity within 90 days after the crash. You can sue once 6 months have passed after the notice is received. A judge may allow late notice within 1 year in some cases, and suit generally must be filed within 2 years. Source: N.J.S.A. 59:8-8, 59:8-9 |
| Fault rule | Modified comparative fault (51% bar): Your damages are reduced by your percentage of fault, but you recover nothing if your fault is greater than the fault of those you are suing. Source: N.J.S.A. 2A:15-5.1 |
| Insurance system | Choice no-fault · PIP is required. On a Standard Policy, PIP medical benefits default to $250,000 per person per accident; you can choose lower limits ($150,000, $75,000, $50,000 or $15,000) in writing. A Basic Policy caps PIP medical benefits at $15,000. You also choose a 'limitation on lawsuit' or 'no limitation on lawsuit' option, which affects whether you can sue for pain and suffering. |
| Minimum liability insurance | $35,000 per person / $70,000 per accident bodily injury; $25,000 property damage |
| Uninsured motorist coverage | Required |
| Reporting a crash | If a crash causes injury or death or more than $500 in damage to any one person's property, the driver must notify local, county or State Police by the quickest means. A written report to the Motor Vehicle Commission is due within 10 days unless a police officer files a report. Source: N.J.S.A. 39:4-130 |
Getting your crash report in New Jersey
New Jersey State Police and Turnpike Authority crash reports can be bought online through the NJ portal: $13 for most roadway reports and $5 for toll road reports. Basic reports are public records. Serious or fatal crash files need a subpoena or court order. For crashes handled by a town police department, request the report from that department.
Checking a New Jersey lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: New Jersey Courts – Attorney discipline search (DRB portal)
- Lawyer referral: County bar association lawyer referral services (listed by the NJSBA)
670 people died in motor vehicle crashes in New Jersey in 2024, according to NHTSA FARS (2024).
Frequently asked questions
›What does the 'limitation on lawsuit' option mean?
When you buy a Standard Policy in New Jersey, you choose a 'limitation on lawsuit' or 'no limitation on lawsuit' option. That choice affects whether you can sue for pain and suffering after a crash. Check your declarations page to see which one you picked.
›What is New Jersey's 90-day notice of claim?
Under the New Jersey Tort Claims Act, you generally must file a written notice of claim with the public entity within 90 days after the crash (N.J.S.A. 59:8-8). You can sue once 6 months have passed after the notice is received. A judge may allow late notice within 1 year in some cases (59:8-9).
›How much PIP medical coverage do I have?
On a Standard Policy, PIP medical benefits default to $250,000 per person per accident, but you can choose $150,000, $75,000, $50,000 or $15,000 in writing. A Basic Policy caps PIP medical benefits at $15,000.
›How long do I have to sue for my injuries and my car?
Injury claims generally must be filed within 2 years of the crash (N.J.S.A. 2A:14-2(a)), but vehicle and other property damage generally has 6 years (2A:14-1(a)). Wrongful death claims generally have 2 years from the date of death (2A:31-3).
›What are the 2026 minimum limits in New Jersey?
For Standard Policies issued or renewed on or after January 1, 2026, the minimum is $35,000 per person, $70,000 per accident and $25,000 for property damage (N.J.S.A. 39:6A-3; DOBI Bulletin 25-06). The previous minimum was 25/50/25. The Basic Policy has much lower or optional coverage.
Sources
- N.J.S.A. 2A:14-2 (NJ Legislature)
- N.J.S.A. 2A:14-1 (Justia)
- N.J.S.A. 2A:15-5.1 (NJ Legislature)
- N.J.S.A. 59:8-8 (NJ Legislature)
- NJ DOBI Bulletin 25-06 – Minimum liability limits
- NJ MVC – Insurance requirements
- N.J.S.A. 39:4-130 (Justia)
- NJ State Police & Turnpike Authority Crash Report Requests
- N.J.S.A. 2A:31-3 (Justia)
- NJSBA – Lawyer Referral Service (county list)
- NHTSA FARS – State crashes and all victims
- New Jersey Courts – Attorney discipline lookup (DRB portal)