Accidents happen when we least expect them, often bringing significant challenges to injured individuals and their families. If you or a loved one has been hurt in a car accident in New Jersey, you have probably wondered: How long after an accident can you file a claim?
At Glugeth & Pierguidi, P.C., we pride ourselves on providing compassionate, aggressive representation. With decades of experience and a track record of securing millions in compensation for our clients, we are dedicated to protecting your rights.
Let’s explore the time limits for filing a claim and why it’s essential to act quickly with the help of experienced legal counsel.
What Is the Car Accident Statute of Limitations in New Jersey?
In New Jersey, the car accident statute of limitations is two years from the accident date. If you fail to initiate your claim within this period, your case may be dismissed, and you may lose your right to seek compensation entirely. Courts typically refuse to hear cases filed after the statute of limitations has expired.
Further, you will lose leverage with the insurance companies. Without the threat of a lawsuit, insurance companies have little incentive to negotiate fairly. This strict timeline emphasizes the importance of promptly consulting with an attorney to evaluate your case and begin the claims process.
Why Is There a Statute of Limitations?
The statute of limitations serves several critical purposes in the legal system. It ensures that claims are filed within a reasonable timeframe to protect the integrity of the evidence and fairness of the legal process. Here are some critical reasons for this time limit.
Memory Fades
As time passes, eyewitnesses may struggle to recall the details of the accident. Accurate testimony is vital to building a strong case, and delays can lead to gaps or inconsistencies in recollections.
Evidence Disappears
Physical evidence, such as vehicle damage, skid marks, and surveillance footage, can degrade or be lost over time. Promptly filing your claim ensures that critical evidence is preserved and available to support your case.
Legal Fairness
A statute of limitations provides clarity and closure for all parties involved. It prevents defendants from facing lawsuits for incidents that occurred years ago, where proving or disproving claims would be exceptionally challenging.
What Are Some Exceptions to the Statute of Limitations?
While the two-year deadline applies to most cases, there are some exceptions where the clock may pause or “toll” the statute of limitations. These exceptions change the answer to the question, How long do you have to file a claim after an accident? Therefore, understanding these exceptions can be critical to preserving your right to file a claim.
Under New Jersey law, having a mental disability or being underage can affect the statute of limitations. If the injured party is mentally incapacitated at the time of the accident, the statute of limitations may toll until they regain the capacity to act. Similarly, for individuals under 18 years old at the time of the accident, the statute of limitations typically begins when they turn 18.
If the person responsible for your injuries leaves New Jersey for an extended period after the accident, the statute of limitations may be paused until they return to the state. This rule ensures that defendants cannot avoid liability simply by moving or remaining out of New Jersey.
If you believe your situation may fall under one of these exceptions, consult an attorney promptly to confirm your eligibility to file a claim.
How Long Do You Have to Report a Car Accident to Your Insurance Company?
Reporting a car accident to your insurance company is an essential step in the claims process, and doing so promptly is often required under the terms of your insurance policy. While New Jersey law does not set a specific deadline for reporting an accident to your insurer, most insurance companies include strict time limits in their policies.
Navigating the claims process can be overwhelming, especially if the insurer attempts to deny or undervalue your claim. An experienced attorney can:
- Communicate directly with the insurance company on your behalf,
- Ensure you meet all reporting deadlines and policy requirements, and
- Protect your rights if the insurer acts in bad faith.
At Glugeth & Pierguidi, P.C., we are dedicated to helping accident victims in New Jersey handle every aspect of their claims, including dealing with insurance companies. If you’ve been in an accident, contact us as soon as possible to ensure your rights are protected.
Contact Our Experienced Legal Team Today for a Free Case Evaluation
At Glugeth & Pierguidi, P.C., we understand the importance of acting quickly to protect your legal rights and build a strong claim. Our experienced attorneys have a proven track record of helping clients meet critical deadlines, preserve evidence, and pursue maximum compensation for their injuries.
If you’re unsure how much time you have left to file your claim or need guidance through the legal process, we’re here to help. Contact us today for a free consultation to discuss your case and explore your legal options. We will help you understand how long you have to file a claim for a car accident to ensure you meet all applicable deadlines.
David Pierguidi and Jared Glugeth understand how hard it may be for you and your family following an accident resulting from someone’s negligent actions. Get the medical treatment you need right away and then call our law firm at any time of day for answers to your questions.
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