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How long do you have to sue after a car accident in NJ?

Usually two years for an injury lawsuit against the driver who caused the car accident. New Jersey runs other clocks at the same time, from 90 days to notify a public body to a separate PIP rule. The deadline table below lists all seven by claim type.

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What are all the deadlines after a car accident in New Jersey?

There are seven timed deadlines, and each one starts from a different event.

New Jersey car accident deadlines by claim type12
What you must doTime limitClock starts
Tell the police (injury, death, or over $500 damage to one person's property)By the quickest meansThe crash
Driver's written report to the Motor Vehicle Commission10 days, unless an officer files a written reportThe crash
Notice of claim to a public body (town, state, NJ Transit, Turnpike Authority)90 days; late notice up to 1 year only with court permissionWhen the claim accrues
Lawsuit against a public bodyNot before 6 months after notice; never later than 2 yearsNotice received; accrual
Injury lawsuit against a driver or owner2 yearsWhen the claim accrues
Lawsuit for unpaid PIP benefits2 years from the expense or 4 years from the crash, whichever is earlier; or 2 years from the last PIP paymentExpense, crash, or last payment
Physician certification in a limitation-on-lawsuit case60 days, plus one extra period of up to 60 days for good causeThe defendant's answer to the lawsuit
Uninsured or underinsured motorist claim, wrongful death, minorsNot settled by our sourcesSee below

We never turn these into a calendar date for you. "Accrual" is the legal start of a clock, and when it happened depends on the facts of your crash.

Is it too late to sue someone after 2 years in NJ?

For an injury suit against the other driver, usually yes: New Jersey's injury statute says the action must start within two years after the claim accrues.1

The statute opens with "except as otherwise provided by law." Other rules, not verified here, may change the start date.

Two years is also the latest date, not a safe one. If a public body was involved, the 90-day notice comes due long before it.

The two years is a deadline to start the lawsuit, not to settle it. How long claims take after that is on our page about how long a car accident settlement takes in NJ.

When does the two-year clock start in NJ?

When the claim accrues, meaning when the right to sue arises; the injury statute counts the two years from then.1

Exactly when that is depends on your facts. The discovery rule that can move the start date is not verified in our sources, so we set no date. The PIP and public-body clocks start from other events, shown in the deadline table.

Does an insurance claim stop the clock?

Not by itself, as far as our sources show: the statute requires the lawsuit to be started within two years, and an insurance claim or talks with an adjuster are not a lawsuit.

Can you sue someone after 4 years in New Jersey?

Not on the usual injury claim. Four years appears only in the rule for suing your own insurance company over unpaid PIP benefits, and even there it is not always the end.

That suit must start within two years after you have the expense and know, or should have known, that it came from the crash, or within four years of the crash, whichever is earlier.3

If PIP already paid something, you may instead sue for further benefits within two years of the last payment. An Appellate Division ruling held that meeting either part is enough, and the statute text we read puts no four-year cap on that second part.3

In May 2026 the NJ Supreme Court also reaffirmed a narrow exception: when the insurer knew at its last payment that you would probably need more treatment, that treatment can be claimed within a reasonable time.4

Because the PIP clock turns on when you knew or should have known, late symptoms matter; see how long car accident symptoms can take to show up. What PIP pays in the first place is on our page about New Jersey PIP limits and medical bills.

Can you sue the state of New Jersey after a car accident?

Yes, but under the Tort Claims Act written notice of the claim must reach the public body no later than the 90th day after the claim accrues.2

That notice is the tort claim notice. The same rules cover a town, NJ Transit or the Turnpike Authority, and a suit must still be filed within two years of accrual.5

In 2023 and 2024, 7,669 of the 112,966 crashes that hurt or killed someone, or 6.8 percent, were on State Authority roads such as the Turnpike and Parkway, our NJDOT count shows. Road owner alone still does not decide who you claim against.8

The late-notice rule, the six-month wait and crash counts for every road owner are on our page about the tort claim notice after a crash with a public body.

How long do you have to report an accident in NJ?

Call the police at once if anyone is hurt or killed, or damage to one person's property tops $500. The law says "by the quickest means of communication."6

The driver must also send a written report to the Motor Vehicle Commission within 10 days, unless a police officer files a written report. The duty falls on the driver of any vehicle in the crash, so it applies after a hit-and-run too.

Fines for a late report and how to get the police report are covered in our New Jersey car accident report guide. To see the general 2-year, 90-day and 10-day dates for your own crash, use the NJ accident deadline checker.

When is the doctor's certification due in a limited-tort case?

Within 60 days after the defendant answers your lawsuit, if your policy has the limitation on lawsuit option and you claim pain and suffering.7

A physician must certify, on objective clinical evidence, that the injury qualifies. The court can grant one more period of up to 60 days for good cause. This deadline only starts once you have filed in time.

How judges decide whether an injury met that threshold is shown in our verbal threshold appeals rulings.

What is the statute of limitations for uninsured motorist claims, minors and wrongful death?

Our verified sources do not give a time limit for these, so this page gives none. Do not borrow the two-year injury rule or the PIP rule for them.

  • Uninsured or underinsured motorist claims: no verified limitation period. How these claims work is on our uninsured motorist claim help page.
  • Minors and people who lack capacity: general tolling is not verified. For claims against a public body, the Tort Claims Act notice section lets them sue within its limits after reaching the age of majority or regaining capacity.5
  • Wrongful death: it has its own limitations rule, not verified here. The PIP suit rule does name survivors. See our wrongful death claim guide.
  • PIP subrogation (your insurance company recovering what it paid): no verified time limit.

Questions people ask

What is the statute of limitations for a civil lawsuit in New Jersey?

For a civil suit over an injury to the person, it is two years after the claim accrues, unless another law provides otherwise.

Can you sue someone if they hit you in a parking lot?

Yes, and the same two-year injury clock applies. The injury statute covers wrongful acts anywhere in the state and is not tied to the type of road.

How long do you have to report an accident to your insurance company in New Jersey?

No deadline for telling your insurance company is verified in our sources, so this page gives none. The court deadlines above run either way.

How far back can you submit an insurance claim?

For a lawsuit over unpaid PIP benefits: two years from the expense or four years from the crash, whichever is earlier, or two years from the last PIP payment if PIP has paid.

Can you still sue if you have limited tort?

Yes, and the same two-year clock applies. Limited tort only narrows the pain and suffering part, which is why the 60-day doctor's certification exists. What proof works is in how to prove pain and suffering in New Jersey.

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The rest of the first-week steps are in what to do after a New Jersey car accident, and every topic is listed in our New Jersey car accident guides.

Sources

  1. New Jersey Statutes, Title 2A, injury actions limitation section, Justia 2025 edition, archived copy. Read 10 November 2026.
  2. NJ Supreme Court, O'Donnell v. N.J. Turnpike Authority, quoting the Tort Claims Act notice and late-notice sections. Read 10 November 2026.
  3. NJ Appellate Division, Aponte-Correa v. Allstate Insurance Co., quoting the PIP benefits suit section of the No-Fault Act. Read 10 November 2026.
  4. NJ Supreme Court, Murray v. Punina, May 2026. Read 10 November 2026.
  5. New Jersey Tort Claims Act, notice of claim section, Justia 2025 edition, archived copy. Read 10 November 2026.
  6. New Jersey Statutes, Title 39, accident reporting section, Justia 2025 edition, archived copy. Read 10 November 2026.
  7. New Jersey No-Fault Act, tort option and physician certification section, Justia 2025 edition, archived copy. Read 10 November 2026.
  8. NJDOT crash records, normalized by the open-source nj-crashes project; our count of 2023 and 2024. Read 11 November 2026.
How we counted
  • Deadlines: New Jersey statutes and court opinions, paraphrased. Statute text came from archived Justia copies or court quotations.
  • Crash counts: our count of NJDOT crash records for the complete years 2023 and 2024, grouped by the road system field. "Hurt or killed" means at least one injury or death. The 6.8 percent share divides State Authority injury crashes by injury crashes on every road system. 2025 is preliminary and left out.
  • Counts say nothing about fault or about who a claim is against. General information, not legal advice; Injuries Cases Autos is not a law firm.