AVERY & AVERY
Attorneys at Law · Ridgefield, NJ · Est. 1976
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Vol. L · No. I FOL. LArticles

Avery & Avery, Esqs. Ridgefield, NJ Robert W. Avery, Esq.

NJ Motor Vehicle Accident Lawyer — Statute of Limitations and Steps

RW·A

By Robert W. Avery, Esq.

Founding Partner · Former Mun. Ct. Judge

By Robert W. Avery, Esq.

After a NJ motor-vehicle accident, the timeline from incident to resolution depends on a series of decisions made in the first days, weeks, and months. The statute of limitations is the hardest deadline. The day-of-accident decisions and the treatment-trajectory decisions matter almost as much. This post walks through the timeline.

Post-accident timeline walkthrough. Not legal advice. Free consultation: (201) 943-2445.

The Statute of Limitations

Under N.J.S.A. 2A:14-2, the statute of limitations for personal-injury claims is 2 years from the date of accrual.

Special rules:

  • Tort Claims Act defendants (governmental entities like NJ Transit, the City, the State, county, and municipal entities) — 90-day pre-suit notice + 2-year filing
  • Wrongful death — 2-year limitations under N.J.S.A. 2A:31-3
  • Minor plaintiffs — limitations tolled until majority

Late filing is fatal. Counsel-prepared filing within the limitations window is non-negotiable.

Day of Accident

The decisions on the day of accident:

  1. Call 911 — establishes a contemporaneous police record
  2. Seek medical attention — even if you think you’re “fine,” ER evaluation creates the medical record
  3. Document the scene — photographs of vehicles, damage, surroundings, weather
  4. Witness identification — names and contact information
  5. Do not give recorded statements to the at-fault carrier without counsel
  6. Do not sign anything other than the police-report acknowledgment

First Two Weeks

  • Engage counsel — counsel manages PIP applications, preservation letters, and recorded-statement deflection
  • Begin treatment — orthopedic, chiropractic, neurology as symptoms direct
  • PIP application to your own carrier
  • Notify your own auto carrier of the incident (separate from PIP)
  • Document missed work

First Three Months

  • Treatment continuation — consistent attendance matters; gaps in treatment hurt the case
  • Diagnostic imaging — MRI typically at 6-8 weeks if symptoms persist
  • Liability narrative development — counsel formalizes the liability theory
  • Preservation letters to any third-party defendant
  • Carrier-correspondence management

Six to Twelve Months

  • Maximum medical improvement (MMI) — when treatment plateaus
  • Permanency certification under N.J.S.A. 39:6A-8(a) for verbal-threshold plaintiffs
  • Demand package authoring — comprehensive demand to the bodily-injury carrier
  • Negotiation — initial demand and response cycle

Twelve to Twenty-Four Months

  • Suit filing if pre-suit negotiation does not produce acceptable resolution — well before the 2-year limitations
  • Discovery — interrogatories, depositions, document production
  • R. 4:21A arbitration for matters under $150K
  • Mediation for complex matters

Beyond Twenty-Four Months

  • Trial assignment for matters that do not resolve
  • Trial in NJ Civil Part — jury trial, 6-person jury, five-sixths verdict required
  • Appeal in some matters

What an Auto-Accident Lawyer Does Across This Timeline

The lawyer’s role compresses across the timeline:

  • Day 1: Intake and preservation
  • Weeks 1-4: PIP setup and treatment coordination
  • Months 1-6: Continuing coordination and documentation
  • Months 6-12: MMI and demand
  • Months 12-24: Suit, discovery, mediation
  • Beyond: Trial and appeal as required

Frequently Asked Questions

What if I’m not sure if I’m hurt?

Get evaluated. ER documentation matters. Symptoms can develop over days as inflammation sets in.

What if the at-fault driver was a NJ Transit bus?

Tort Claims Act applies — 90-day notice. Counsel-prepared notice within the window protects the claim.

Should I talk to the at-fault carrier?

Not without counsel. Recorded statements typically hurt cases.

What if I don’t have my own auto insurance?

PIP may not be available; UM/UIM coverage absent. The case proceeds without first-party medical coverage; recovery is from the at-fault carrier.

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