A rear-end collision at a stoplight, a sudden sideswipe, or a reckless driver running a red light—no matter how it happened, the result is the same. Injuries add up, repair costs escalate, and medical bills keep piling higher.
So, how long after an accident do you have to file a claim?
In the Garden State, auto accident claims have a strict statute of limitations. Waiting too long could result in losing the right to seek compensation for medical bills, lost income, and other expenses.
Here’s everything you need to know about the New Jersey statute of limitations for a car accident claim and what could change the timeline.
What Is the Car Accident Statute of Limitations in New Jersey?
New Jersey law gives two years from the date of the crash to file a personal injury lawsuit against the at-fault driver. That means if you’re injured in a car accident on March 19, 2025, you must file by March 19, 2027, or the court will likely dismiss your case.
This deadline applies whether you were:
- A driver,
- A passenger, or
- A pedestrian or cyclist hit by a vehicle.
If you’re bringing a wrongful death claim due to a loved one being killed in a car accident, you have two years from the date of their death to file the claim.
For property damage claims, the deadline is longer—six years from the date of the accident. This applies to damage to your vehicle and any other personal property affected by the crash. If your vehicle was totaled or needed extensive repairs, filing within the New Jersey car accident statute of limitations deadline allows you to seek recovery of those costs through the legal system.
What If You Didn’t Realize You Were Injured Right Away?
Some injuries don’t show up immediately after a crash. Soft tissue damage, concussions, and back injuries can take days or even weeks to cause severe pain. How long after a car accident can you claim an injury?
Even if symptoms appear later, the two-year deadline generally applies. However, rare exceptions may extend the filing period if an injury was not reasonably discoverable and could not have been reasonably discovered soon after the accident. For example, doctors might not detect internal bleeding or a spinal injury until weeks after an accident. While courts may allow for an extension in these cases, proving that an injury wasn’t detectable earlier can be difficult. Seeking medical attention immediately after an accident helps establish a timeline and can minimize delays that could harm your claim.
Are There Other Exceptions to the Two-Year Limit?
Yes, but they are limited and depend on specific circumstances.
1. The Injured Person Is a Minor
If the injured party was under 18 years old at the time of the crash, the two-year clock does not start until their 18th birthday. For example, if a 16-year-old was injured in a car accident and did not turn 18 until July 1, 2025, the two-year clock would not begin to run until their birthday. From that date, they would have until July 1, 2027, to file a lawsuit.
This allows minors time to pursue claims once they can legally make decisions for themselves. However, waiting too long could make collecting evidence or tracking witnesses harder. In many cases, it makes sense for parents to file a lawsuit on behalf of their minor child closer to the time of the accident.
2. The at-Fault Driver Left the State
The filing deadline may pause if the at-fault driver leaves New Jersey before you file your claim. This is intended to discourage defendants from avoiding lawsuits by leaving the state. If the driver moves away for a significant period and then returns, the time they were absent may not count toward the two-year limit. In these cases, a car accident attorney can investigate the driver’s whereabouts and calculate the adjusted deadline.
3. Claims Against Government Entities
If your accident involved a state, county, or municipal vehicle—such as a police car, fire truck, or public transportation bus—you must act much faster. Under the New Jersey Tort Claims Act you only have 90 days to file a notice of claim with the responsible agency. You might lose the right to seek compensation if you miss this step. Government-related claims follow strict procedures, and any mistake in the paperwork can lead to dismissal. Working with a personal injury attorney from Glugeth & Pierguidi, P.C. can help you meet all deadlines.
Why Filing Sooner Is Better
Even though two years might seem like a long time, waiting is risky. Evidence can disappear. Witnesses move or forget details. Insurance companies tend to look for any excuse to challenge claims.
Acting sooner:
- Strengthens your case with fresh evidence,
- Gives your attorney time to gather expert opinions and medical records, and
- Discourages insurance companies from delaying negotiations to run out the clock.
The longer you wait, the more difficult it becomes to connect your injuries to the accident. Insurance companies may claim another cause for your injuries and try to reduce or deny your compensation. To help ensure you don’t inadvertently miss the filing deadline, consider retaining an experienced attorney to help you navigate these complex situations.
What Happens If You Miss the Deadline?
If you try to file a lawsuit after the New Jersey statute of limitations for a car accident claim expires, the court will likely dismiss your case immediately. That means:
- You lose the right to recover compensation,
- The at-fault driver and their insurance company have no legal obligation to pay you, and
- Even if you have medical records and proof of damages, you won’t be able to file a claim.
Once the deadline passes, there are no second chances. Even a strong case with compelling evidence cannot proceed if it’s filed too late.
What Should You Do Now?
Every car accident case has its own timeline and circumstances. It’s almost always better to act sooner than later. But even if the deadline has passed, it may be possible to bring a claim under one of the limited exceptions to the statute of limitations.
At Glugeth & Pierguidi, P.C., we have recovered millions of dollars on behalf of New Jersey accident victims. We are committed to helping you understand your legal rights and take action before it’s too late. Don’t wait until the deadline is approaching—contact us today to get started.
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