New Jersey Car Accident Laws: No-Fault Choice, PIP, and Your Claim

New Jersey is a "choice" no-fault state where drivers elect between two tort options at policy purchase: the "limitation on lawsuit" (verbal threshold) option, which restricts pain-and-suffering suits to six serious-injury categories, and the "no limitation on lawsuit" (full-tort) option, which preserves the right to sue for any injury. In either case, your own PIP pays medical bills first regardless of fault. Fault is shared under modified comparative negligence with a 51% bar (N.J.S.A. 2A:15-5.1), and you generally have 2 years to file a personal-injury lawsuit.

Is New Jersey a no-fault or at-fault state?

New Jersey is one of only three "choice" no-fault states in the country, along with Pennsylvania and Kentucky. Under the Automobile Insurance Cost Reduction Act (AICRA), codified at N.J.S.A. 39:6A-1 et seq., every driver must carry Personal Injury Protection (PIP), which pays for the insured's own medical expenses first regardless of who caused the crash. That baseline no-fault coverage applies to everyone. What makes New Jersey unique is the election every driver makes at the time of policy purchase: the "limitation on lawsuit" (verbal-threshold/basic-tort) option under N.J.S.A. 39:6A-8(a), or the "no limitation on lawsuit" (full-tort) option under N.J.S.A. 39:6A-8(b).

The choice you (or a family member) made when buying the policy directly controls whether you can sue the at-fault driver for pain and suffering after a crash. If you chose the limited-tort option, you saved money on premiums but gave up the right to sue for non-economic damages unless your injury meets one of the six verbal-threshold categories. If you chose the full-tort option, you paid more but preserved unrestricted access to the courts. Checking your declarations page to identify which option you carry is often the first critical step after a New Jersey crash.

How fault is shared: New Jersey's negligence rule

New Jersey follows modified comparative negligence with a 51% bar, codified at N.J.S.A. 2A:15-5.1. Under this standard, you may recover damages from an at-fault party even if you were partly responsible for the crash, as long as your share of fault is 50% or less. Your total damages are then reduced proportionally by your percentage of fault.

If you are found to be 51% or more at fault, you are completely barred from recovering anything from the other driver. For example, if you suffered $80,000 in damages and were found 30% at fault, your recoverable amount would be reduced to $56,000. If you were found 55% at fault, you would receive nothing. This rule interacts directly with the tort-option you elected: if you carry the verbal-threshold option and your injury does not meet the threshold, the question of fault never reaches a jury, because you cannot bring the pain-and-suffering claim at all. The comparative-fault reduction applies to the damages that are recoverable once any threshold is met or the full-tort option applies.

Minimum car insurance in New Jersey

New Jersey's minimum insurance requirements for the Standard Policy changed in phases. Under N.J.S.A. 39:6A-3, as updated by DOBI Bulletin 25-06, the current Standard Policy minimums effective January 1, 2026 are: $35,000 bodily-injury liability per person, $70,000 per accident, and $25,000 property-damage liability. This 35/70/25 structure represents a substantial increase from the prior $15,000/$30,000/$5,000 limits. The property-damage minimum rose from $5,000 to $25,000 for policies issued or renewed on or after January 1, 2023.

New Jersey also offers a lower-cost Basic Policy under N.J.S.A. 39:6A-3.1, which does not include mandatory bodily-injury liability coverage at all (BI is an optional add-on at $10,000 per accident). The Basic Policy is not subject to the 35/70/25 minimums. If the driver who hit you carries only a Basic Policy with no BI add-on, there may be no liability coverage available to pay your medical bills above PIP or your pain-and-suffering damages, which is why your own coverage matters.

PIP is mandatory on both the Standard and Basic Policy. Under the Standard Policy, the base PIP medical-expense minimum is $15,000 per person per accident, with expanded coverage up to $250,000 available for certain serious and permanent injuries (N.J.S.A. 39:6A-4).

Uninsured/underinsured motorist coverage is required on the Standard Policy at limits at least equal to the policy's liability limits (default $35,000/$70,000 BI and $5,000 UM property damage), under N.J.S.A. 17:28-1.1. The insured may select lower UM/UIM limits but cannot drop below the statutory floor on a Standard Policy. The Basic Policy does not include UM/UIM, so if you are hit by an uninsured driver and you carry only a Basic Policy, there is no UM/UIM backstop.

How long you have to file: the statute of limitations

New Jersey imposes a 2-year statute of limitations for personal-injury actions arising from car accidents, under N.J.S.A. 2A:14-2. The clock generally begins running on the date of the accident. Missing this deadline ordinarily means the court will dismiss your case regardless of how strong the underlying claim is.

Property-damage claims arising from the same negligent crash are generally pursued within the same 2-year period. New Jersey courts apply the discovery rule in limited circumstances, which can toll the statute when the injured party could not reasonably have known of the injury or its cause, but that exception is narrow and contested in routine auto cases.

If your crash involved a government vehicle, a municipality-owned road defect, or another government actor, New Jersey's Tort Claims Act (N.J.S.A. 59:8-8) requires filing a notice of claim with the appropriate public entity within 90 days of the accident, or within one year in cases of extraordinary circumstances. That 90-day notice deadline runs separately from and is far shorter than the 2-year litigation window, so any claim involving a government defendant demands immediate attention.

For more on New Jersey's limitation rules across injury types, see our New Jersey statute of limitations page.

What a New Jersey car accident claim is worth

The value of a New Jersey car accident claim depends heavily on which tort option you elected. For verbal-threshold (limited-tort) policyholders, non-economic damages (pain, suffering, mental anguish, loss of enjoyment of life) are available only if the injury meets one of the six threshold categories under N.J.S.A. 39:6A-8(a): death, dismemberment, significant disfigurement or significant scarring, displaced fracture, loss of a fetus, or a permanent injury that has not healed to function normally and will not heal to normal function with further treatment. For full-tort policyholders, non-economic damages are available for any injury without needing to clear the threshold.

Economic damages, which include medical expenses above PIP, future medical costs, lost wages, future lost earning capacity, and out-of-pocket expenses, are recoverable in either case once you file a lawsuit. After damages are established, New Jersey's modified comparative-negligence rule (N.J.S.A. 2A:15-5.1) reduces your recovery by your share of fault. Insurance limits cap what you can realistically collect from the at-fault driver's insurer, which is why your own UM/UIM coverage on the Standard Policy matters when the other driver is uninsured or carries only a Basic Policy without BI.

Use our New Jersey car accident settlement calculator to model how your tort option, PIP coverage, the verbal threshold, comparative fault, and insurance limits interact in your specific situation.

What to do after a car accident in New Jersey

Taking the right steps after a New Jersey crash protects your health, your legal rights under your chosen tort option, and your ability to recover.

Stop, secure the scene, and call 911. New Jersey law requires you to stop and remain at the scene of any crash involving injury, death, or property damage. Crashes involving injury or death, or damage above a certain threshold, must be reported to police. An official report creates a contemporaneous record that establishes basic facts and identifies all parties.

Seek medical care promptly. PIP pays your medical bills regardless of fault, but you need documented medical treatment to support any threshold-injury claim under the verbal-threshold option. Even if you feel fine, see a physician as soon as possible. Delayed treatment can be used to argue that injuries were not as serious as claimed.

Document everything at the scene. Photograph vehicle damage, road conditions, visible injuries, and skid marks. Collect insurance information, driver's license numbers, and plate numbers from all involved drivers. Get contact information from witnesses. Note whether dashcam footage, business surveillance cameras, or traffic cameras may have captured the crash.

Check your declarations page for your tort option. Whether you elected the verbal threshold or the full-tort option determines the entire scope of your potential non-economic claim. Knowing this before speaking with any insurer is essential.

Notify your own insurer and file a PIP claim. Your medical bills go through your own PIP coverage first. Cooperate with your insurer's reasonable requests, but keep in mind that statements made to insurers become part of the record.

Do not give a recorded statement to the other driver's insurer before consulting an attorney. New Jersey's choice no-fault system, the verbal-threshold eligibility analysis, and the modified comparative-negligence rules are all fact-specific. An attorney consultation before accepting a settlement or making statements to opposing carriers is strongly advisable for any crash involving injury that may meet the threshold or involve disputed fault.

This article is general legal information, not legal advice. Car accident law varies by state and changes, and settlement values depend on the specific facts. For advice about a specific crash, consult a licensed attorney in New Jersey.

Related pages:

• New Jersey Car Accident Settlement Calculator
• New Jersey Hit-and-Run Laws
• Car Accident Laws by State: Hub
• New Jersey Statute of Limitations

More New Jersey Laws

• New Jersey Dashcam Laws
• New Jersey Slip and Fall Laws