New Jersey · Injury claimsCar accident injury claims in New Jersey
New Jersey is a no-fault state, so the path your injury claim takes — who pays first, when you can pursue the other driver, and how long you have — works differently than you might expect. Here are the rules that shape an injury claim in New Jersey.
New Jersey at a glance
- Fault rule
- Modified comparative — 51% bar
- No-fault state?
- Yes
- PIP / no-fault coverage
- $250K standard default (reducible to $150K/$75K/$50K/$15K) / $15K basic — but $250K guaranteed for catastrophic injuries on Basic Policy
- Threshold to step outside no-fault
- Applies
- Minimum liability coverage
- 35/70/25 (eff. 1/1/2026; P.L. 2022 c.87 / S481). Tiered: pre-1/1/2023 = 15/30/5; 1/1/2023-12/31/2025 = 25/50/25; on/after 1/1/2026 = 35/70/25. Basic Policy: $5K PD only (BI optional $10K CSL). Commercial: $35K/$70K min; >26,000 lbs GVW → $1.5M. UM/UIM minimum tied to liability limits (35/70 per accident post-1/1/2026) per DOBI Bulletin 25-06.
- Time limit for an injury claim
- 2 years
You can recover only if you were 50% or less at fault; your award is reduced by your share.
Your own PIP coverage pays for injuries first, regardless of who caused the crash.
Verbal (Limited) Threshold is the default on the Standard Policy under § 39:6A-8; insured may elect 'Zero Threshold' (unlimited right to sue) via the Coverage Selection Form. 6 AICRA categories pierce the verbal threshold: death; dismemberment; significant disfigurement/scarring; displaced fracture; loss of fetus; permanent injury (with medical certification). Basic Policy cannot opt out of the verbal threshold.
Generally measured from the date of the accident.
How fault works in New Jersey
NJ uses modified comparative negligence: a plaintiff whose fault is 'not greater than' the defendant's recovers (51% bar; 50/50 still recovers). Joint-and-several liability is modified — a defendant 60% or more at fault is jointly-and-severally liable for all damages; under 60% is severally liable only.
Paying for injuries in New Jersey
NJ is a no-fault state with the highest mandatory PIP in the US. The Standard Policy defaults to $250K PIP (reducible to $150K/$75K/$50K/$15K). The Basic Policy defaults to $15K PIP but guarantees $250K for catastrophic injuries (brain/spinal cord, significant disfigurement, trauma-center treatment) regardless of selected limit. Standard $250 deductible + 20% co-pay on $250-$5K of benefits. PIP applies regardless of negligence.
How Moe handles injury claims in New Jersey
Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to New Jersey’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.
New Jersey injury claims — common questions
- Is New Jersey a no-fault state?
- Yes. New Jersey is a no-fault state, which means your own Personal Injury Protection (PIP) coverage pays for your medical bills and certain losses first, regardless of who caused the crash. You can step outside the no-fault system to pursue the at-fault driver only if your injuries meet a legal threshold.
- What is New Jersey's fault rule for a car accident?
- New Jersey follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.
- How long do I have to file an injury claim in New Jersey?
- In New Jersey the statute of limitations for a personal-injury claim is generally 2 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.
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This page summarizes New Jersey’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.