Most New Jersey drivers know exactly one thing about car accident law: that the state is “no-fault.” That is true and almost useless on its own. A dozen statutes and court rules actually decide what happens after a crash, and this is the reference for all of them. Each links to a deeper guide.
1. No-fault and PIP — N.J.S.A. 39:6A-4
Your own auto insurer pays your medical bills first, regardless of fault, through Personal Injury Protection. Limits run from $15,000 to $250,000 depending on your policy, with a deductible and co-pay. What no-fault means · PIP explained
2. The verbal threshold — N.J.S.A. 39:6A-8
If your policy carries the Limitation on Lawsuit option (most do, by default), you can sue the at-fault driver for pain and suffering only if your injury fits one of six categories: death, dismemberment, significant scarring, displaced fracture, loss of a fetus, or permanent injury certified by a physician. Verbal threshold vs. zero threshold
3. Basic vs. Standard policy — N.J.S.A. 39:6A-3, 3.1
The Basic policy carries no bodily injury liability, no UM/UIM, $15,000 PIP, and a mandatory verbal threshold. The Standard policy carries the state minimums and up. Basic vs. Standard
4. Minimum liability limits — P.L. 2022, c.90
Standard policy minimums are $35,000 per person, $70,000 per accident, and $25,000 property damage as of January 1, 2026. What changed
5. Uninsured and underinsured motorist coverage — N.J.S.A. 17:28-1.1
UM is mandatory on Standard policies; UIM is optional up to your liability limits. It pays when the at-fault driver has no coverage or not enough, and a procedural notice requirement must be followed before settling. UM/UIM coverage
6. Modified comparative negligence — N.J.S.A. 2A:15-5.1
Your recovery is reduced by your percentage of fault and eliminated at 51%. The 51% rule
7. Statute of limitations — N.J.S.A. 2A:14-2
Two years from the crash to file suit. Ninety days to serve notice if a public entity is involved (N.J.S.A. 59:8-8). Six years for property damage. Every deadline · The 90-day rule
8. Reporting a crash — N.J.S.A. 39:4-130
Report to police immediately if there is injury or $500+ in damage; file an SR-1 with the MVC within 10 days if police did not investigate; notify your insurer promptly. Reporting deadlines · Getting your crash report
9. Leaving the scene — N.J.S.A. 39:4-129
A driver involved in a crash must stop, render aid, and exchange information. Leaving the scene of an injury crash is a serious offense with license loss and possible jail. For victims, it triggers UM coverage. Hit-and-run accidents
10. Seat belts — N.J.S.A. 39:3-76.2f
Required for drivers and front-seat passengers (primary offense) and rear passengers. Non-use can reduce damages for injuries a belt would have prevented. Seat belt law and your claim
11. Distracted driving — N.J.S.A. 39:4-97.3
Handheld phone use while driving is a primary offense with escalating fines ($200–$400 first offense, up to $800 and points for a third). In a claim, a driver’s phone records are discoverable and phone use at the time of the crash is strong evidence of fault.
12. Drunk and drugged driving — N.J.S.A. 39:4-50
A BAC of 0.08% or higher, or impairment by any substance, is DWI. In a civil claim, a DWI conviction is powerful evidence of negligence and can support punitive damages under N.J.S.A. 2A:15-5.12. New Jersey’s Dram Shop Act (N.J.S.A. 2A:22A-1) may also make a bar or restaurant liable for over-serving the driver.
Other rules worth knowing
- Move Over law (N.J.S.A. 39:4-92.2): drivers must slow and change lanes for stopped emergency and service vehicles.
- Pedestrians in crosswalks (N.J.S.A. 39:4-36): drivers must stop and stay stopped. Crosswalk law
- Motorcycle helmets (N.J.S.A. 39:3-76.7) are required for all riders. Helmet law
- Lane splitting is illegal. Lane splitting in NJ
- Dashcams are legal and their footage is generally admissible.
- The Deemer Statute (N.J.S.A. 17:28-1.4) subjects out-of-state drivers insured by carriers doing business in NJ to the verbal threshold.
How Ibrahim Personal Injury Law applies these laws
Every one of these rules is a lever in a car accident claim, and the insurer knows all of them. Our job is to make sure you do too, and to use them for you. Free consultation, contingency fee. Call (844) 315-4878 or contact us online.
Frequently asked questions
Is New Jersey an at-fault or no-fault state?
No-fault for medical bills (your own PIP pays first), fault-based for property damage and for injury claims once the threshold is met.
Who is at fault in a rear-end collision in New Jersey?
Usually the rear driver, under the following-too-closely presumption, but comparative fault can apply if the lead driver stopped suddenly without reason or had no working brake lights.
Is New Jersey a PIP state?
Yes. PIP is mandatory on every auto policy.
What is the most important car accident law in New Jersey?
For injured people, the verbal threshold. It decides whether there is a pain-and-suffering claim at all.
