What to Do After a Car Accident in New Jersey: Your Complete Checklist

QUICK SUMMARY — After an accident in New Jersey:
1. Check for injuries and call 911
2. Move to safety
3. Exchange information — ask about their policy type
4. Document the scene
5. Report if $500+ damage (within 10 days)
6. File a PIP claim with YOUR OWN insurance (no-fault)
7. Seek medical attention within 72 hours
8. Determine your threshold choice (Verbal vs No Threshold)

Key NJ difference: New Jersey is a choice no-fault state. Your policy type (Basic vs Standard) and threshold selection (Verbal Threshold vs No Threshold) directly affect your claim options and your right to sue. Check your own policy before making any claim decisions.

Step 1 — Check for Injuries and Call 911

Safety is the top priority. Focus on people before vehicles or insurance.

Check yourself and all passengers for injuries
Call 911 immediately if anyone is hurt or if there is any doubt about injury severity
Do not attempt to move seriously injured people unless there is an immediate danger such as fire or oncoming traffic
New Jersey law (N.J.S.A. 39:4-129) requires you to stop at the scene and render reasonable assistance
Stay on the line with the 911 dispatcher and follow their instructions

Calling 911 is important even for minor accidents. The responding officer will file an official crash report, which becomes key evidence in both your PIP claim and any potential liability claim.

Leaving the scene of an accident involving injury or death is a crime in New Jersey. Depending on the severity, it can range from a disorderly persons offense to a second-degree crime with up to 10 years in prison.

Step 2 — Move to Safety

After addressing injuries, focus on preventing additional collisions.

Move drivable vehicles out of traffic lanes to the shoulder, a parking lot, or a nearby safe area
Turn on hazard lights immediately
If your vehicle cannot be moved, stay inside with your seatbelt on and hazard lights flashing
Set up flares or reflective triangles if available, especially on high-speed roads like the New Jersey Turnpike, Garden State Parkway, I-78, and I-80
Stay out of active traffic lanes — New Jersey’s densely traveled highways make secondary crashes a serious risk

Step 3 — Exchange Information

Once the scene is safe, collect the following from every other driver.

From each driver:

Full name, address, and phone number
Driver’s license number and state of issuance
Insurance company name and policy number
Ask about their policy type — Basic Policy holders in NJ may have no bodily injury liability coverage at all
License plate number
Vehicle make, model, year, and color

From witnesses:

Names, phone numbers, and a summary of what they saw
Ask if they are willing to provide a written statement

From the responding officer:

Name, badge number, and department
Crash report number

Why asking about their policy matters: In New Jersey, drivers with a Basic Policy may carry no bodily injury liability coverage. This means even if they are completely at fault, their insurance may not cover your injuries. Knowing this early helps you understand whether your own UM/UIM coverage will be needed.

Do not admit fault. Even though NJ is a no-fault state for medical expenses, fault still matters for property damage claims and for potential pain-and-suffering lawsuits. Under New Jersey’s modified 51% comparative fault rule (N.J.S.A. 2A:15-5.1), being assigned 51% or more fault bars you from recovery in a liability claim.

Step 4 — Document Everything

Thorough documentation protects you regardless of your policy type.

Photograph and video:

All vehicle damage from multiple angles (close-up and wide shots)
The overall accident scene showing vehicle positions relative to each other and the roadway
Road conditions: potholes, wet pavement, ice, construction zones
Traffic signs, signals, stop lines, and lane markings
Skid marks, debris patterns, and broken glass
All license plates of involved vehicles
Weather and lighting conditions
Any visible injuries (bruises, cuts, swelling)

Write down:

Exact time, date, and location (street names, intersections, highway exit numbers)
Your detailed chronological account of the accident
Direction and approximate speed of each vehicle
Traffic density and road conditions
Names of nearby businesses that might have surveillance cameras

Preserve dashcam footage immediately. Even in a no-fault state, evidence of the other driver’s actions matters if your injuries are serious enough to pursue a liability claim.

Step 5 — File a Report

When Required

New Jersey requires an accident report if:

Property damage exceeds $500, OR
Anyone is injured or killed

Deadline: 10 days

How to Report

At the scene: Call 911 for an official police crash report
If police did not respond: File a report with the NJ Motor Vehicle Commission (MVC) within 10 days
Self-reporting form: Available through the NJ State Police or your local police department

Even if your damage is under $500 and no one was injured, filing a police report is recommended. It creates an independent record that helps with both PIP claims and property damage disputes.

Step 6 — File Your PIP Claim (No-Fault)

This is the most important step unique to New Jersey. Under NJ’s no-fault system, you file medical and wage-loss claims with your own insurance company, not the other driver’s.

How PIP Works in New Jersey

Contact your own insurance company as soon as possible
Request and file the PIP (Personal Injury Protection) claim forms
PIP covers a minimum of $15,000 regardless of fault
PIP pays for:

Medical treatment related to the accident
Lost income (Standard Policy)
Essential services you can no longer perform

PIP benefits are available regardless of who caused the accident

Property Damage — Separate Process

Property damage claims (vehicle repairs) are fault-based in New Jersey, even though medical claims are no-fault.

File with the at-fault driver’s insurance company for vehicle damage, OR
File with your own collision coverage and let your insurer pursue reimbursement (subrogation)

Know Your Policy Type

Your claim options depend entirely on which policy you carry:

Standard Policy:

Minimum liability coverage: 35/70/25 (as of January 1, 2026 — increased from 25/50/25)
$15,000 PIP minimum
Choose between Verbal Threshold and No Threshold (see below)
UM/UIM coverage included

Basic Policy:

$15,000 PIP (medical expenses only)
Optional $10,000 property damage liability
No bodily injury liability coverage — meaning if you cause an accident, the other driver’s injuries are not covered by your insurance
Very limited lawsuit rights

Verbal Threshold vs No Threshold

This choice controls your right to sue for pain and suffering:

Verbal Threshold (Limitation on Lawsuit):

Default option, lower cost
You can only sue for pain and suffering if your injury qualifies as “serious”
Qualifying injuries include: death, dismemberment, significant scarring or disfigurement, displaced fractures, loss of a fetus, or permanent injury
Does NOT require dollar thresholds — it is based on injury type

No Threshold (No Limitation on Lawsuit):

Higher premiums
You can sue for pain and suffering from any injury, regardless of severity
No “serious injury” requirement

Not sure which you chose? Check your insurance declarations page or call your insurer. If you never actively selected No Threshold, you likely have the Verbal Threshold — it is the default.

Step 7 — Seek Medical Attention

See a doctor within 72 hours of the accident, even if you feel fine.

Common delayed-symptom car accident injuries:

Whiplash: Neck and shoulder pain may not appear for 24-48 hours
Concussions: Headaches, confusion, and memory issues can develop gradually
Internal bleeding: May have no external signs but can be life-threatening
Herniated discs: Back pain often worsens over days or weeks
Soft tissue injuries: Sprains and tears may be masked by adrenaline

Why medical documentation is critical in New Jersey:

For your PIP claim: Your insurer needs documented proof that medical expenses are related to the accident
For proving “serious injury” under Verbal Threshold: If you need to cross the serious injury threshold to sue for pain and suffering, complete medical records are essential
Continuous treatment matters: Insurance companies use gaps in treatment to argue injuries resolved or were not related to the accident

Follow all recommended treatment. Keep every medical record, bill, imaging report, prescription, and therapy note in an organized file.

Your Rights Under New Jersey Law

Fault System

New Jersey operates a choice no-fault system. Medical expenses are covered through PIP (no-fault), while property damage and eligible pain-and-suffering claims follow fault-based rules.

Modified Comparative Fault (51% Bar)

Under N.J.S.A. 2A:15-5.1, when a liability claim is permitted:

At 50% or less fault: Recover damages, reduced by your fault percentage
At 51% or more fault: Recover nothing

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) — the longest PD deadline among all major states
Wrongful death: 2 years from the date of death
Government entity claims (Tort Claims Act): 90-day notice requirement

Minimum Insurance Requirements (Updated January 2026)

New Jersey significantly increased Standard Policy minimums in two phases:

Coverage	Pre-2023	2023-2025	2026+
BI per person	$15,000	$25,000	$35,000
BI per accident	$30,000	$50,000	$70,000
Property damage	$5,000	$25,000	$25,000

Basic Policy: $15,000 PIP with optional $10,000 property damage liability — no bodily injury liability.

PIP Coverage

Minimum: $15,000 for all policy types
Covers medical expenses, lost income (Standard), and essential services
Available regardless of fault

Common Mistakes to Avoid After a New Jersey Car Accident

Not filing your PIP claim promptly — PIP is your primary medical coverage after an accident in NJ. Delays can create disputes with your insurer
Filing medical claims with the other driver’s insurer — In NJ, medical expenses go through your own PIP first, not the other driver’s insurance
Not knowing your policy type — Many NJ drivers do not realize whether they have Basic or Standard, or whether they chose Verbal Threshold or No Threshold, until they need to file a claim
Assuming the other driver has BI liability coverage — Basic Policy holders carry no bodily injury liability. Your UM/UIM coverage is your protection
Skipping medical treatment — Critical for both PIP reimbursement and for proving “serious injury” if you need to cross the verbal threshold
Admitting fault — Fault matters for property damage claims and potential pain-and-suffering lawsuits
Posting on social media — Insurance adjusters routinely review social media for evidence to minimize claims
Accepting the first settlement offer — Initial offers are typically well below the claim’s actual value
Not understanding that property damage is fault-based — Vehicle repair claims follow fault rules in NJ, unlike medical expenses
Missing the Tort Claims Act deadline — If a government vehicle or entity was involved, you have only 90 days to file a notice of claim

Frequently Asked Questions

Do I file with my insurance or the other driver’s?

Medical bills and lost wages: File with your own insurance through PIP (no-fault). Vehicle damage: File with the at-fault driver’s insurer (fault-based). Pain and suffering: Only available if your injury qualifies under your threshold choice — file against the at-fault driver’s insurer if eligible.

What if the other driver has a Basic Policy?

Basic Policy holders may carry no bodily injury liability coverage and limited or no property damage coverage. If they caused the accident, your UM/UIM coverage becomes your primary source of recovery for injury claims. This is one of the main reasons UM/UIM coverage is so important in New Jersey.

How long do I have to file a lawsuit in New Jersey?

2 years for personal injury (N.J.S.A. 2A:14-2) and 6 years for property damage (N.J.S.A. 2A:14-1). The 6-year PD deadline is the longest among all major states. Government entity claims require a 90-day notice.

What is the Verbal Threshold?

The Verbal Threshold (also called “Limitation on Lawsuit”) restricts your right to sue for pain and suffering. You can only sue if your injury qualifies as “serious” — meaning death, dismemberment, significant scarring, displaced fractures, loss of a fetus, or permanent injury. It is the default and less expensive option. If you want unrestricted right to sue, you need the “No Threshold” option.

When did NJ increase its minimum insurance requirements?

New Jersey increased Standard Policy minimums in two phases: from 15/30/5 to 25/50/25 on January 1, 2023, and from 25/50/25 to 35/70/25 on January 1, 2026. This was one of the most significant coverage increases in NJ history.

Can I sue for pain and suffering in New Jersey?

It depends on your policy. With a Standard Policy and No Threshold, you can sue for any injury. With a Standard Policy and Verbal Threshold (the default), you can only sue if your injury qualifies as “serious.” With a Basic Policy, your lawsuit rights are very limited. In all cases, fault-based comparative negligence rules apply — at 51%+ fault, you recover nothing.

What is the minimum PIP coverage in NJ?

$15,000 for both Basic and Standard policies. PIP covers medical expenses related to the accident regardless of who was at fault. Standard Policy PIP also covers lost income and essential services. Many drivers carry higher PIP limits.

Related Guides

Get Help With Your New Jersey Claim

If you were in a car accident in New Jersey and need legal guidance, a local attorney can evaluate your case at no cost. Most personal injury lawyers work on contingency — you pay nothing unless they recover money for you.

When Professional Help Tends to Make Sense

Most minor accidents in New Jersey are resolved between the drivers and their insurance companies without ever involving an attorney. Many accident victims, however, consider consulting an attorney when one or more of the following applies to their situation:

A fatality occurred, or a wrongful-death claim may be involved
Medical bills are already in the tens of thousands of dollars, or still growing
There is a permanent injury, visible scar, or any sign of traumatic brain injury (TBI)
The insurance company’s first settlement offer feels far below your actual costs
The insurance company is arguing that your injuries are pre-existing, or trying to shift primary fault onto you despite the evidence
Multiple vehicles or multiple parties are involved and liability is unclear
Fault is disputed — especially relevant given New Jersey’s 51% bar modified comparative fault rule (a plaintiff more than 50% at fault recovers nothing)
The New Jersey statute of limitations for personal injury (2 years from the accident) is within six months
A government vehicle, commercial truck, or rideshare driver is involved
The other driver was uninsured, underinsured, or fled the scene (hit-and-run)
Your injuries exceed New Jersey’s no-fault / PIP threshold and you want to step outside the no-fault system

If none of these apply to your situation, you may be able to settle directly with the insurance company. The other guides on this site walk through that process step by step.

Speak with a Free Car Accident Attorney

Reviewed by TurnYourClaim Editorial Team — Last verified: 2026-03-05

Sources: NJSA 39:6A-1 et seq. (No-Fault Law); NJSA 39:6A-8 (Lawsuit Threshold); NJSA 2A:15-5.1 (Comparative Fault); NJSA 2A:14-2 (SOL – Personal Injury); NJ DOBI Auto Insurance Guidelines; AICRA (1998)

DISCLAIMER: This website is not a law firm and does not provide legal advice. This page provides general educational information only. Laws change frequently, and this information may not reflect the most current legal developments. Always consult a licensed attorney in your state for advice specific to your situation. This is not medical advice. If you have been injured, seek immediate medical attention. Last updated: May 2026.