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What should I do after a car accident in New Jersey?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

New Jersey operates a choice no-fault system under the New Jersey Automobile Reparation Reform Act (N.J.S.A. 39:6A-1 et seq.), known as the "verbal threshold" system.

1. Immediate Steps at the Scene

  • Stop and exchange information (N.J.S.A. 39:4-129). Felony to leave an injury scene.
  • Render reasonable aid.
  • Call 911 for injuries.

    • 2. Mandatory Reporting

  • Police: Required for injury, death, or damage exceeding $500 (N.J.S.A. 39:4-130).
  • Form SR-1: Driver must file within 10 days if no police investigated AND damage exceeds $500.
  • Notify insurer to preserve PIP.

    • 3. Minimum Liability Insurance

    Effective January 1, 2023 (P.L. 2022, c. 92): 25/50/25. Effective January 1, 2026: 35/70/25 (a further increase). Basic policy alternative still available with $10K combined.

    4. PIP / Personal Injury Protection

    Standard policy includes $250,000 PIP with options to reduce to $150K, $75K, $50K, or $15,000 (the statutory minimum) under N.J.S.A. 39:6A-4.3. PIP pays medical regardless of fault.

    5. Lawsuit Threshold Choice (N.J.S.A. 39:6A-8)

    At policy purchase, each insured selects:

  • "Limitation on Lawsuit" (verbal threshold) — cheaper. Cannot sue for pain and suffering unless injury results in death; dismemberment; significant disfigurement/scarring; displaced fracture; loss of fetus; or permanent injury.
  • "No Limitation on Lawsuit" (full tort) — preserves all rights to sue.

    • 6. Modified Comparative Negligence — 51% Bar

    Under N.J.S.A. 2A:15-5.1, the plaintiff is barred from recovery if their fault is greater than 50%. Damages reduced proportionally below that.

    7. Statute of Limitations

  • Personal injury: 2 years (N.J.S.A. 2A:14-2).
  • Property damage: 6 years (N.J.S.A. 2A:14-1).
  • Wrongful death: 2 years (N.J.S.A. 2A:31-3).
  • Claims against public entities: Notice within 90 days under the NJ Tort Claims Act (N.J.S.A. 59:8-8).

    • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You elected verbal threshold and need to assess if injury qualifies
    • Government vehicle/agency involved (90-day Notice of Tort Claim)
    • Medical bills exceed your selected PIP limit
    Related Statutes & Laws
    • N.J.S.A. 39:6A-4
    • N.J.S.A. 39:6A-8
    • N.J.S.A. 39:4-130
    • N.J.S.A. 2A:14-2
    • N.J.S.A. 2A:15-5.1
    • N.J.S.A. 59:8-8

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.