How Long Do You Have to Sue Someone in NJ for a Car Accident?

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Being involved in a car accident in New Jersey can be a traumatic and confusing experience. Amid medical treatments, car repairs, and dealing with insurance companies, many victims overlook a crucial legal factor: the statute of limitations for filing a lawsuit.

This legal deadline is critical because missing it can mean losing your right to pursue compensation for your injuries, lost wages, medical bills, and emotional distress.

In this guide, we’ll cover everything you need to know about the New Jersey car accident lawsuit statute of limitations, including how long you have to file, possible exceptions, and steps to take after a crash to protect your rights.

 

What Is a Statute of Limitations and Why Does It Matter?

A statute of limitations is a legal deadline that determines how long an individual has to file a lawsuit after a specific event—such as a car accident.

The primary purpose of the statute of limitations is to encourage people to bring legal claims promptly, while evidence is still fresh, and witnesses can still recall details accurately. It also ensures that defendants aren’t unfairly subjected to lawsuits years after an incident when crucial evidence may no longer be available.

Every state has its own statute of limitations, and for car accidents in New Jersey, the deadline varies based on the type of claim you are filing.

 

New Jersey’s Car Accident Lawsuit Statute of Limitations

How Long Do You Have to File a Lawsuit After a Car Accident in NJ?

New Jersey law provides different time limits for filing lawsuits depending on the nature of the claim:

1. Personal Injury Lawsuits – If you suffered physical injuries in a car accident, you have two years from the date of the accident to file a lawsuit (N.J. Stat. § 2A:14-2).
2. Property Damage Lawsuits – If the accident resulted in damage to your vehicle or other property, you have six years from the date of the crash to file a lawsuit (N.J. Stat. § 2A:14-1).
3. Wrongful Death Lawsuits – If the accident resulted in the death of a loved one, the deceased’s estate has two years from the date of death to file a wrongful death claim.
4. Government-Owned Vehicle Accidents – If the accident involved a government-owned vehicle or public agency, a formal Notice of Claim must be filed within 90 days of the accident, with stricter deadlines for filing a lawsuit.

Why the Time Limit Matters

Failing to file within the statute of limitations can completely bar you from recovering compensation. Courts in New Jersey strictly enforce these deadlines, and if you try to file a lawsuit after the time limit has passed, your case will likely be dismissed.

This means you could lose out on compensation for medical expenses, lost wages, pain and suffering, and other damages—even if you have a strong case.

 

Exceptions That Can Extend the Statute of Limitations

While the general rule states that injury victims have two years to file a lawsuit, certain exceptions may allow more time to file.

1. The Discovery Rule
   Some injuries may not be immediately apparent after a car accident. The discovery rule allows the statute of limitations to begin from the date an injury is discovered, rather than the date of the accident.

For example, if you suffer a traumatic brain injury (TBI) or a spinal injury but only begin experiencing symptoms months later, you may be able to file a lawsuit beyond the standard two-year limit—but only if you can prove the delay in diagnosis was reasonable.

2. Minors (Under 18 Years Old)
   If the injured victim was under 18 years old at the time of the accident, the two-year clock does not start until they turn 18. This means a minor has until their 20th birthday to file a lawsuit.

This law protects children who may not have the legal ability to file a claim right away or whose parents fail to act on their behalf.

3. At-Fault Driver Leaves New Jersey
   If the at-fault driver leaves the state before a lawsuit is filed, the statute of limitations may be paused (or tolled) until they return. This ensures that negligent drivers cannot escape legal action simply by moving out of state.
4. Mental Incapacity
   If a victim is mentally incapacitated due to a severe brain injury or coma, the statute of limitations may be extended until they regain the ability to understand their legal rights.
5. Government Liability Claims
   If the accident involved a government vehicle (such as a police car, fire truck, or city bus), stricter deadlines apply. You must file a Notice of Claim within 90 days of the accident, and failure to do so may prevent you from suing the government entity later.

 

What Happens If You Miss the Deadline?

If you miss the statute of limitations deadline, your case will almost certainly be dismissed, meaning you lose your right to sue and recover compensation.

Even if your claim is strong and well-documented, the court will likely reject it simply because it was filed too late. Additionally, insurance companies have no legal obligation to settle your claim if you miss the filing deadline.

To avoid losing your legal rights, you should act quickly and consult a New Jersey personal injury lawyer as soon as possible after an accident.

 

Steps to Take After a Car Accident in New Jersey

To protect your legal rights and ensure you file your claim on time, follow these crucial steps:

1. Report the Accident Immediately
   New Jersey law requires you to report any accident that results in injury, death, or property damage over $500. The accident should be reported to:

• • Local police or the NJ State Police
  • Your insurance company

Failure to report an accident can result in legal penalties and make it harder to file a claim.

2. Seek Medical Attention
   Even if you feel fine, see a doctor. Some injuries, like internal bleeding or whiplash, may not show symptoms right away. Medical records are also critical evidence in a lawsuit.
3. Collect Evidence
   Take photos and videos of the accident scene, your injuries, and vehicle damage.

• • Get witness contact information.
  • Obtain a copy of the police report.

4. Contact a Lawyer
   A New Jersey car accident attorney can help:

• • Ensure you file your lawsuit before the deadline
  • Gather critical evidence
  • Negotiate with insurance companies

 

Frequently Asked Questions (FAQs) About New Jersey Car Accident Lawsuit Deadlines

Can I file a lawsuit after the two-year deadline in New Jersey?
Generally, no. New Jersey enforces a strict two-year statute of limitations for personal injury lawsuits stemming from car accidents. If you attempt to file a lawsuit after the deadline has passed, the court will likely dismiss your case. However, there are some exceptions, such as cases involving minors, the discovery rule, or the absence of the defendant from the state, which may allow for an extension.

What happens if I don’t realize I’m injured until months after the accident?
If your injury wasn’t immediately apparent, you might still be able to file a lawsuit under New Jersey’s discovery rule. This rule allows the statute of limitations to start from the date the injury is discovered rather than the date of the accident. You will need medical evidence proving that your injury was a direct result of the crash and that the delay in discovery was reasonable.

Does the deadline differ for filing a property damage claim?
Yes. While personal injury claims have a two-year deadline, property damage claims have a longer statute of limitations in New Jersey. If you’re suing for vehicle damage or other property losses, you have up to six years from the date of the accident to file a lawsuit.

What if the accident resulted in a fatality?
In the case of wrongful death lawsuits, the two-year statute of limitations starts from the date of the individual’s death, not necessarily the date of the accident. This allows surviving family members or the estate to pursue legal action within two years of the loved one’s passing.

Can I sue a government entity if their vehicle caused the accident?
Yes, but the process is different from a regular lawsuit. If a government-owned vehicle, such as a city bus or police car, was involved in the accident, you must file a formal Notice of Claim within 90 days of the accident. Failure to file this notice on time may result in losing the right to sue. The timeline for filing a lawsuit against a government agency is typically shorter than for private individuals.

 

Contact The Epstein Law Firm, P.A., Today

Understanding New Jersey’s statute of limitations is essential if you plan to file a car accident lawsuit. Acting quickly will help you preserve evidence, negotiate with insurance companies, and secure the compensation you deserve.

If you’ve been injured in a car accident, contact The Epstein Law Firm, P.A., today for a free consultation and protect your legal rights.