How Long Do You Have to File a Car Accident Claim in New Jersey?
After a car accident, you may be focused on recovery, i.e., medical treatment, vehicle repairs, and getting life back to normal. But one of the most important steps you can take is understanding how long you have to file a claim.
In New Jersey, strict legal deadlines determine how long you can pursue compensation. Missing those deadlines can permanently bar you from recovering damages, no matter how strong your case is. Here’s what you need to know.
The General Rule: Two Years to File a Lawsuit
Under New Jersey Statutes Annotated (N.J.S.A.) 2A:14-2, most personal injury claims, including car accidents, must be filed within two years from the date of the accident.
That means if your crash occurred on October 27, 2025, you generally have until October 27, 2027 to file a lawsuit in civil court.
This is known as the statute of limitations. If you miss that window, the court will almost certainly dismiss your case, no matter how severe your injuries are.
What About Insurance Claims?
Before you ever reach the stage of filing a lawsuit, most cases begin with an insurance claim, either with your own insurer or the at-fault driver’s.
While New Jersey law doesn’t set a fixed deadline for notifying an insurance company, most policies require that you report the accident “promptly” or “as soon as reasonably possible.”
Failing to notify your insurance company quickly could result in a denial of coverage.
Best practice:
- Report the crash within a couple days (ideally 24–48 hours)
- Seek medical attention immediately so injuries are documented
- Contact a personal injury attorney before speaking with the other driver’s insurer
Special Situations That Affect the Deadline
- Claims Involving a Government Vehicle or Agency
If your accident involved a municipal, county, or state vehicle, the process is very different. You must first file a Notice of Claim under the New Jersey Tort Claims Act within 90 days of the accident, not two years.
Failing to file this notice on time can completely block your right to sue a public entity later.
- Claims on Behalf of a Minor
If a child is injured in a car accident, the two-year clock generally does not begin until the child’s 18th birthday. However, parents or guardians can still file sooner to preserve evidence and secure compensation for medical bills.
- Wrongful Death Cases
If the accident results in a fatality, the deceased person’s estate has two years from the date of death (not necessarily the date of the crash) to file a wrongful death lawsuit under N.J.S.A. 2A:31-3.
- Discovery Rule (Rare Exceptions)
In limited cases, the statute of limitations may be extended if the injured person did not know, and could not reasonably have known, that their injuries were caused by the accident.
For example, if a crash-related internal injury was discovered months later, a court may allow the clock to start from the date of discovery rather than the date of the crash. However, this rule applies narrowly and should never be relied upon without legal guidance.
Why Timing Matters
Delaying your claim can hurt your case in several ways:
- Evidence fades - skid marks disappear, cars are repaired, and surveillance footage may be lost.
- Witnesses forget details - memories weaken with time.
- Insurance companies gain leverage - they may use your delay to dispute the seriousness of your injuries.
The sooner you contact an attorney, the better your chances of preserving crucial evidence and negotiating a fair settlement.
How Simon Law Group Can Help
At Simon Law Group, LLC, we handle car accident claims throughout Somerset, Hunterdon, Mercer, Morris, Middlesex, and Warren Counties and beyond. Our attorneys will:
- Investigate your crash
- Handle all communication with insurance adjusters
- Ensure every deadline is met
- Pursue full compensation for medical bills, lost wages, and pain and suffering
We take care of the legal details so you can focus on recovery.
Don’t Wait, Protect Your Rights Today
If you’ve been injured in a New Jersey car accident, time is not on your side. Contact Simon Law Group, LLC today for a free consultation 800-709-1131 or TEXT 908-864-4450. We’ll explain your legal options and make sure your claim is filed properly and on time.
