Most New Jersey car accident lawsuits must be filed within two years of the crash under N.J.S.A. 2A:14-2. If a government agency is involved, a much shorter clock starts: you generally have only 90 days to put the public entity on notice. Miss either deadline and a strong case can be lost before it begins.
The Two-Year General Deadline
For a standard car accident injury claim, the two-year limitations period runs from the date of the crash. Filing means starting a lawsuit in court, not simply opening an insurance claim or trading letters with an adjuster.
If you let the deadline pass, the court will almost always dismiss the case, no matter how clear the other driver’s fault was. The two years can feel like plenty of time, but evidence does not wait.
Witnesses move, vehicles get repaired, and the proof of your claim weakens with every passing month.
The 90-Day Trap for Government Claims
When the at-fault party is a public entity, the New Jersey Tort Claims Act changes everything. Under N.J.S.A. 59:8-8, you must serve a written Notice of Claim within 90 days of the crash, then wait six months before you can file suit.
This applies when you are hit by an NJ Transit bus or a municipal or county vehicle, or when a dangerous public road contributed to the crash. A late notice is allowed only on a showing of extraordinary circumstances under N.J.S.A. 59:8-9, and courts read that exception narrowly.
If you think a government vehicle or roadway was involved and need to file a claim against a public entity like NJ Transit, the 90-day clock is the deadline that traps the most people.
Deadlines That Run Differently
Not every claim follows the standard two-year-from-injury rule. A wrongful death action under N.J.S.A. 2A:31-3 generally runs two years from the date of death, which can differ from the date of the crash.
A survival action, which recovers the decedent’s own pre-death losses under N.J.S.A. 2A:15-3, generally runs from the date of injury instead, so the two claims can have different expiration dates in the same case. A family can find the survival claim already expired while the wrongful death claim is still alive, which is why both dates must be calendared separately from the outset.
For an injured child, the clock is tolled until the child turns 18 under N.J.S.A. 2A:14-21. The discovery rule may also delay the start of the clock when an injury and its cause were not reasonably knowable right away, though courts apply it narrowly and decide it at a special hearing.
Because these variations can shorten or extend your real deadline, the only safe assumption is that the clock is already running from the day of the crash.
Why Waiting Hurts Your Case
Even with two years on paper, delay quietly damages a claim. The NJTR-1 crash report and any citations are easiest to act on while the investigation is recent.
Witnesses give their best accounts soon after the crash, not a year later. Your PIP benefits also come with their own notice and treatment windows, and gaps in early medical care give insurers room to argue your injuries were not serious.
How the Firm Protects Your Deadline
The deadline is the first thing the Budanitsky firm pins down, because the right two-year date, or the right 90-day date, drives everything that follows in the case.
Attorney Sander Budanitsky has represented injured New Jersey clients since 1996 and calendars each applicable deadline at intake so nothing lapses. Because the public-entity window can be as short as 90 days, the safest move after any serious crash is to call promptly.
If your crash may require you to file a claim against a public entity like NJ Transit, that 90-day window makes early action essential. The consultation is free; you owe no fee unless there is a recovery, and The Law Offices of Sander Budanitsky, L.L.C., are ready to protect your rights.
Frequently Asked Questions
What is the deadline to file a car accident lawsuit in New Jersey?
Most personal injury suits must be filed within two years of the crash under N.J.S.A. 2A:14-2. Different rules apply to wrongful death and to claims against government entities.
How long do I have to sue a government agency after a crash?
You generally must serve a Notice of Claim within 90 days under the Tort Claims Act, then wait six months before filing suit. Late notice is allowed only in extraordinary circumstances.
Reviewed by Sander Budanitsky, Esq., admitted to the New Jersey Bar in 1996.
Last reviewed: June 2026
This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your specific situation, consult a licensed New Jersey attorney.
