What to do after a car accident in New Jersey
Every rule below is quoted from New Jersey law or a state agency, with a link. Checked September 17, 2026.
Choice no fault state
The short answer
New Jersey is a choice no fault state. Every driver must carry personal injury protection that pays medical bills no matter who caused the crash, and each driver picks one of two lawsuit options that decide when they can sue for pain and suffering. You must report a crash right away to the local police, county police, or State Police if anyone is injured or killed, or if the property damage is more than $500. You have 2 years from the crash to file a lawsuit for your injuries.
Deadlines in New Jersey
- 2 years
- to sue for injuriesN.J.S.A. 2A:14-2
- 6 years
- to sue for car or property damageN.J.S.A. 2A:14-1
- 2 years
- for a family to sue after a deathN.J.S.A. 2A:31-3
- 90 days
- to notify the government if a public vehicle or road was involvedN.J.S.A. 59:8-8, New Jersey Tort Claims Act
Miss one of these and you can lose the right to claim, even with a strong case.
At the scene
Stop, share your information and help anyone hurt
If anyone is hurt or killed, you must stop right at the scene or as close as possible, stay there, and give your name, address, license and registration to the police, the other driver, and anyone injured. You must also give reasonable help to any injured person, including arranging a ride to get medical care if it is needed.
“The driver of any vehicle, knowingly involved in an accident resulting in injury or death to any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible”
When you must call the police
You must report a crash right away to the local police, county police, or State Police if anyone is injured or killed, or if the property damage is more than $500.
“The driver of a vehicle or street car involved in an accident resulting in injury to or death of any person, or damage to property of any one person in excess of $500.00 shall by the quickest means of communication give notice of such accident to the local police department or to the nearest office of the county police of the county or of the State Police”
In the days after
Whether you must file a report yourself
The same law also requires the driver to send a written report of the crash to the Motor Vehicle Commission within 10 days, on the commission's forms. In practice this is the SR-1 self reporting form, used mainly when police did not investigate the crash.
“shall within 10 days after such accident forward a written report of such accident to the commission on forms furnished by it”
Getting a copy of the crash report
Order a State Police crash report online through the NJSP crash report portal. Non toll road and boat crash reports cost $13, toll road reports cost $5, and serious or fatal crash investigation reports cost $20. The crash report must be completed and approved before it can be found in the system.
“Non-Toll Road Crash Reports and Boat Crash Reports cost $13.00.”
Who pays for the damage
New Jersey is a choice no fault state. Every driver must carry personal injury protection that pays medical bills no matter who caused the crash, and each driver picks one of two lawsuit options that decide when they can sue for pain and suffering.
“One of the following two tort options shall be elected, in accordance with section 14.1 of P.L.1983, c.362 (C.39:6A-8.1), by any named insured required to maintain personal injury protection coverage”
Insurance rules in New Jersey
What insurance every driver must carry
As of January 1, 2026, a standard New Jersey policy must carry at least $35,000 per person and $70,000 per accident for bodily injury, and $25,000 for property damage. These numbers do not apply to the separate, lower cost basic policy.
“These provisions of the Act increase the minimum limits of liability for Per Person Coverage to $35,000 and Per Accident Coverage to $70,000. The minimum limit for Property Damage Coverage remains $25,000.”
Personal injury protection (PIP)
Yes. A standard New Jersey auto policy must include personal injury protection with at least $15,000 per person per accident in medical expense benefits, and drivers can choose higher limits up to $250,000. The lower cost basic policy has its own, different medical coverage.
“$15,000 per person or accident”
When you can sue the other driver
If you picked the limitation on lawsuit option, you can only sue the other driver for pain and suffering when the injury is death, dismemberment, significant scarring, a displaced fracture, loss of a fetus, or a permanent injury that will not fully heal. If you picked the no limitation on lawsuit option instead, you can sue for pain and suffering from any injury the crash caused.
“(1) death; (2) dismemberment; (3) significant disfigurement or significant scarring; (4) displaced fractures; (5) loss of a fetus; (6) a permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.”
If the other driver has no insurance
Uninsured and underinsured motorist coverage is required on a standard policy, at the same dollar limits as your bodily injury liability coverage. The basic policy does not have this requirement.
“Except for a basic automobile insurance policy, no motor vehicle liability policy or renewal of such policy of insurance... shall be issued in this State... unless it includes coverage in limits for bodily injury or death as follows”
Medical payments coverage
New Jersey does not have a separate medical payments coverage. Personal injury protection fills that role and is required on both standard and basic policies.
“Personal injury protection coverage benefits pursuant to section 4 of P.L.1972, c. 70 (C.39:6A-4)”
If an insurance company treats you unfairly
File a complaint against an insurance company online through the New Jersey Department of Banking and Insurance, or print the complaint form and mail or fax it in.
“Complete the online form at right and submit documentation if necessary”
The deadline rules, word for word
Deadline to sue for injuries
You have 2 years from the crash to file a lawsuit for your injuries.
“every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued”
Deadline to sue for car damage
You have 6 years to sue over damage to your vehicle or other property from the crash.
“for any tortious injury to real or personal property... shall be commenced within six years next after the cause of any such action shall have accrued”
Deadline for a wrongful death claim
Family members have 2 years from the date of death to file a wrongful death lawsuit.
“Every action brought under this chapter shall be commenced within 2 years after the death of the decedent, and not thereafter”
If a government vehicle or road was involved
If a state or local government vehicle or road was involved, you must file a notice of claim within 90 days of the crash before you can sue.
“You must file your claim within 90 days from the date of occurrence, incident, accident, date of discovery, or accrual date, so as not to forfeit your rights.”
Sources on this page
Each one was opened and checked on September 17, 2026.
- N.J.S.A. 39:6A-8
- N.J.S.A. 39:6A-4; N.J.S.A. 39:6A-4.3
- N.J.S.A. 39:6A-8a
- N.J.S.A. 2A:15-5.1
- N.J.S.A. 2A:14-2
- N.J.S.A. 2A:14-1
- N.J.S.A. 2A:31-3
- N.J.S.A. 59:8-8, New Jersey Tort Claims Act
- N.J.S.A. 39:4-130
- N.J.S.A. 39:4-130
- N.J.S.A. 39:6A-3, as amended by P.L.2022, c.87
- N.J.S.A. 17:28-1.1
- N.J.S.A. 39:6A-4
- N.J.S.A. 39:4-129(a) and (c)
- NJSP Crash Report Request Portal
- NJ DOBI Consumer Insurance Complaint
- N.J. Ct. R. 1:21-7(c)
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.