One critical aspect of a car accident claim that sometimes gets overlooked is the statute of limitations. This legal framework sets the deadline for filing a personal injury or wrongful death lawsuit in New Jersey’s courts following an accident. Currently, the statute of limitations for a NJ car accident is two years from the date of the injury. This means that if you have been injured in a car accident, you have two years to file a lawsuit against the party at fault. Failing to file within this timeframe results in the loss of your right to seek legal recourse for any damages suffered. In addition to a claim for personal injuries, a claim for property damage arising out of a motor vehicle accident also carries with it a statute of limitations. However, that statute of limitations is six years.
If you have been in a car accident, it is important to act quickly. Delaying could prevent you from getting the compensation you deserve. Consult with a lawyer as soon as possible.
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Are There Any Exceptions to the Car Accident Claim Time Limit?
While the two-year statute of limitations is a strict deadline, there are exceptions that may extend, toll, or otherwise alter the time limit. In very limited circumstances, the statute of limitations may “toll,” meaning the countdown is paused or extended. But this is the exception, not the rule. It is crucial to be aware of these exceptions to ensure that you do not miss your opportunity to file a claim. Typically, an exception applies when:
· The plaintiff is a minor. If the individual injured in the New Jersey car accident is a minor (under the age of 18), the statute of limitations does not begin to run until that individual attains the age of majority (18 years old). This means they have until their 20th birthday to file a lawsuit.
· The plaintiff is mentally incapacitated. If the victim is mentally incapacitated at the time of the accident and cannot reasonably manage their affairs or understand their legal rights, the statute of limitations may be tolled (paused) until they regain capacity.
While these exceptions are not that common, it is important to be aware of them if you decide to file a claim. If you miss the deadline, the court is unlikely to hear any lawsuit regarding your claim. New Jersey courts strictly enforce the car accident claim time limit. Judges are generally unwilling to grant extensions unless there’s clear, documented justification. If you are approaching the deadline and think an exception might apply, it is important to speak with an attorney immediately.
What Triggers the Start of the Clock?
Understanding when the statute of limitations begins is crucial to protecting your right to pursue a claim. In most cases, the clock starts ticking on the car accident claim time limit the day the crash occurs. This trigger is typically referred to as the “date of injury.” You have two years to file a personal injury lawsuit in civil court from that moment.
In most scenarios, courts stick to the date of the accident as the start of the time limit, which is why prompt medical attention and documentation are critical.
Statute of Limitations for Wrongful Death After a Car Accident
When a car accident leads to the death of a loved one, the legal options change — and so does the timeline. While the general car accident statute of limitations in New Jersey is two years, claims involving the death of another are slightly different.
In a wrongful death case, the two-year deadline begins on the date of death, not the date of the accident. This distinction is important, especially in cases where a person survives the crash but later dies from accident-related injuries. Family members or the estate may still have time to bring a claim, even if the accident occurred more than two years earlier, so long as they bring the lawsuit within two years of the actual date of death.
Statute of Limitations for Accidents Involving Government Vehicles
Car accidents involving government-owned vehicles or public employees add another layer of complexity to the process. If your crash involved a police car, city bus, or other government-operated vehicle, different rules apply, and the time to act may be much shorter.
In New Jersey, you must file a Notice of Claim before filing a lawsuit against a public entity. Typically, you must file this notice within 90 days of the accident. If you miss this deadline, you may lose your right to sue altogether, regardless of the standard two-year car accident statute of limitations.
Once the notice is filed, there is a six-month waiting period before you can file a lawsuit. However, the two-year overall time limit still applies when filing the formal complaint. That means injured individuals must act quickly to meet the 90-day notice requirement and preserve their right to take further legal action.
How the Statute of Limitations Affects Insurance Claims
Many people confuse the statute of limitations for lawsuits with the deadlines for insurance claims. While the legal car accident statute of limitations gives you up to two years to file a lawsuit, insurance companies often require much faster action.
Most policies require that you notify your insurer “promptly” after an accident, often within a few days. If you fail to report the crash in time, your insurer could deny coverage, even if your injuries are legitimate and well-documented. That also applies to uninsured or underinsured motorist claims, which must often be made within specific timeframes outlined in your policy.
Navigating New Jersey Car Accident Laws
Beyond the statute of limitations, New Jersey car accident laws encompass a range of regulations that affect claims and lawsuits. New Jersey follows a “no-fault” insurance system, meaning that, regardless of who caused the accident, your car insurance will cover medical treatment. However, the right to sue for additional compensation, especially for pain and suffering, is limited and depends on the choices made in your insurance policy.
Understanding these nuances is critical for anyone involved in a car accident in New Jersey. It is not just about knowing the statute of limitations for a NJ car accident; it is also about understanding how these laws interact with insurance policies and the broader legal system.
Why the Timing of Your Claim Is Critical
Some claimants may be tempted to wait before they file a car accident claim. However, initiating your claim well before this deadline is often in your best interest for several reasons:
· It helps preserve evidence. Over time, evidence can be lost or become less reliable. Witness memories fade, and physical evidence can be destroyed. Starting the process early helps ensure that your claim is supported by the strongest possible evidence.
· It gives you leverage in negotiations. If the other party knows you have ample time to file a lawsuit, they may be more inclined to offer a fair settlement to avoid litigation.
· It helps you comply with policy terms. While the statute of limitations applies to lawsuits, insurance claims have their own deadlines, often requiring prompt notification of an accident.
While this certainly does not guarantee your claim will be successful, it gives you the best chance possible. This is why working with a New Jersey car accident attorney following a car accident is often recommended, especially if you have severe injuries.
Speak with an Attorney About Your NJ Car Accident Claim
The statute of limitations for a NJ car accident is a critical deadline that demands attention and strategic planning. You may find it difficult to manage this on your own during your recovery. However, the attorneys at Petro Cohen, P.C. are here to help. To schedule a free consultation, call us or fill out our contact form.
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