Car accidents in New Jersey: what to do and who pays

At the scene and reporting a crash in New Jersey

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police

Call the police right away (local police, county police or State Police) if anyone is hurt or killed or damage to any one person's property is over $500. If the driver can't, a passenger who can must do it.

Damage amount

$500

Report to the state

By law the driver must also send a written report within 10 days, unless a police officer files a report of the crash. In practice, if the police did not investigate, use the Self-Reporting Crash form (SR-1), sent to the NJ Department of Transportation by mail or online. Not reporting can bring a $30-$100 fine and suspension of your driving and registration privileges. These driver reports are not public and can't be used as evidence at trial.

Deadline for your report

10 days

Law

N.J.S.A. 39:4-130; NJDOT Self-Reporting Crash form (SR-1) page

Official text

Read the official text

First 24 hours after a crash in New Jersey

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in New Jersey

New Jersey uses a choice system: drivers choose options that decide how injury claims work, such as no-fault benefits or limits on suing for pain and suffering. The details are below.

System

Choice no-fault

PIP, benefits and when you can sue

New Jersey is a no-fault (PIP) state with a choice of lawsuit option. Personal injury protection pays your own medical bills first, whoever caused the crash. A Standard Policy has at least $15,000 PIP per person, and up to $250,000 for certain severe injuries whatever limit you chose. Your right to sue for pain and suffering depends on your policy: with 'Limitation on Lawsuit' you can sue only for loss of a body part, significant disfigurement or scarring, a displaced fracture, loss of a fetus, a permanent injury, or death. With 'No Limitation on Lawsuit' you can sue for any injury (higher premium). Damage to your car is still claimed from the driver who caused it, or from your own collision coverage.

Law

N.J.S.A. 39:6A; NJ DOBI Auto Insurance Buyer's Guide 2026

Official text

Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in New Jersey

Rule

Modified (51% bar)

What it means

In New Jersey, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Law

N.J.S.A. 2A:15-5.1: you can recover if your negligence was not greater than that of the person (or combined persons) you are claiming against; your money is reduced by your share.

Compare every state's rule in the comparative negligence table.

Who pays in New Jersey: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in New Jersey

Liability minimum

35/70/25 (Standard Policy, for policies issued or renewed on or after Jan. 1, 2026; it was 25/50/25 from 2023 to 2025)

Uninsured / underinsured motorist (UM/UIM)

A Standard Policy must include a minimum amount of uninsured/underinsured motorist coverage; you can buy more, up to your liability limits. The Basic Policy (a low-cost option) has no liability coverage for injuries unless you add $10,000 (for all people, per accident), only $5,000 property damage liability, $15,000 PIP and no UM/UIM. A Special Policy for some Medicaid recipients gives medical-only coverage for $365 a year.

Official text

Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in New Jersey

For crashes handled by the New Jersey State Police (including the Turnpike and Garden State Parkway), buy the NJTR-1 crash report online at the NJSP & Turnpike Authority Crash Report portal (https://www.njportal.com/NJSP/CrashReports). Non-toll road reports cost $13, toll road reports $5, and serious/fatal investigation reports $20. Reports are kept for 6 years. For a local police crash, ask that town's police department.

You can also ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in New Jersey

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer.

If the other driver has no insurance in New Jersey

With a Standard Policy, your own uninsured motorist coverage pays for injuries and property damage caused by a driver who doesn't have the minimum insurance required by law. Underinsured coverage pays the difference between your UIM limit and the other driver's limit. The Basic Policy has no UM/UIM. Driving without required insurance: first offense $300-$1,000 fine, community service and possible license suspension up to 1 year; a repeat offense up to $5,000, 14 days in jail, 30 days community service and possible suspension up to 2 years (N.J.S.A. 39:6B-2).

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in New Jersey

Property damage (your car)

6 years

Injury

2 years

Notes, including claims against a government

For a claim against a public entity (state, county, town), file a written notice of claim within 90 days, then wait 6 months before suing; you lose the claim if 2 years pass (N.J.S.A. 59:8-8).

Law

N.J.S.A. 2A:14-1 (property damage, 6 years); N.J.S.A. 2A:14-2 (personal injury, 2 years)

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in New Jersey

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in New Jersey

Small claims limit

$5,000 in the Small Claims section of the Special Civil Part; $5,000 to $20,000 goes to the regular Special Civil Part.

New Jersey small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in New Jersey

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

• New Jersey Department of Banking and Insurance (DOBI), Consumer Inquiry and Response Center · 1-800-446-7467 (consumer hotline) or (609) 292-7272

Free help in New Jersey

• NJ Department of Banking and Insurance consumer hotline · 1-800-446-7467
• NJDOT Self-Reporting Crash form (SR-1)

Good to know in New Jersey

• If you don't choose a lawsuit option on your coverage selection form, the 'Limitation on Lawsuit' option applies by law (NJ DOBI Buyer's Guide 2026).
• The lawsuit option only affects suits for pain and suffering; medical bills and some economic losses are paid by PIP regardless (NJ DOBI Buyer's Guide 2026).
• Driver self-reports (SR-1) are not public records and are not admissible as evidence at trial (form SR-1).

Changes in 2024–2026

Minimum Standard Policy liability limits rose to $35,000 per person / $70,000 per accident for policies issued or renewed on or after Jan. 1, 2026 (from $25,000/$50,000 in 2023-2025; property damage $25,000 since 2023) under N.J.S.A. 39:6A-3 as amended by P.L. 2022, c. 87.

Free letters

Questions about car accidents in New Jersey

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