How to file a personal injury claim in New Jersey after a driver ran a stop sign and hit your car

Short answer: In New Jersey you typically start by getting medical care, reporting the crash, filing a Personal Injury Protection (PIP) claim with your auto insurer, preserving evidence, and — if your injuries or expenses exceed no-fault protections or you suffered a serious injury — pursuing a liability claim against the other driver. You must act promptly because the law limits how long you have to sue. This article explains step-by-step what to do, what laws apply, and when to contact an attorney.

Detailed Answer — Step-by-step guide under New Jersey law

1. Make sure everyone is safe and get medical attention

Immediately check for injuries. Call 911 for medical help if anyone is hurt. Even if you feel okay, get a medical evaluation within 24–72 hours because some injuries (whiplash, concussions) show symptoms later. A medical record links your injuries to the crash, which is important for any future claim.

2. Report the crash to police and get a police report

Call the police at the scene or as soon as possible. If an officer responds, they will create a crash report detailing witnesses, statements, citations (for running the stop sign) and visible damage. Request the crash report number and later obtain a copy. The police report is key evidence for fault and for insurance claims.

3. Exchange information and photograph the scene

Exchange names, phone numbers, license plate numbers, driver’s license numbers, and insurance information with the other driver. Take photos of vehicle damage, vehicle positions, traffic signs (stop sign), skid marks, injuries, and the surrounding intersection. Note weather, lighting, and the time of day. Collect contact information for witnesses.

4. Notify your insurer and file a PIP claim

New Jersey uses a no-fault system for initial medical and some wage-loss benefits through Personal Injury Protection (PIP). Report the crash to your insurance company quickly and start your PIP claim for medical payments and other covered expenses. For general guidance from the New Jersey Department of Banking and Insurance about auto insurance and PIP benefits, see the state’s consumer page: https://www.state.nj.us/dobi/division_consumers/insurance/auto.html

5. Understand who pays and when you can sue the other driver

PIP covers medical treatment and some lost wages regardless of fault. However, if your injuries meet the statutory definition of a “serious injury” or your economic losses exceed the limits of PIP, you may step outside no-fault and bring a liability claim against the at-fault driver for pain and suffering and other non-PIP losses. The distinction between a PIP claim and a liability/personal injury claim affects what you can recover and how you proceed.

6. Preserve evidence

Keep all medical records, bills, repair estimates, receipts for out-of-pocket expenses, and copies of correspondence with insurers. Save photographs and any video. Write down your memory of the crash while it’s fresh, and note changes in symptoms or limitations. If your vehicle repair shop keeps records, keep those too.

7. File an insurance claim against the other driver’s liability insurance

After you notify your insurer and file PIP, you (or your attorney) can submit a liability claim to the at-fault driver’s insurer for damages that PIP doesn’t cover: non-economic damages (pain and suffering), certain out-of-pocket expenses, and future lost earnings. Insurers may investigate fault; the police report, photos, witness statements, and medical records support your claim.

8. When to consider filing a lawsuit

If the insurer refuses a fair settlement, the at-fault party disputes liability, or you have a serious injury, you may need to start a lawsuit to protect your rights. Be aware of the New Jersey statute of limitations for personal injury actions: generally you have two years from the date of the crash to file a lawsuit for personal injury (see N.J.S.A. 2A:14-2). The New Jersey Legislature provides statutes and code resources at: https://www.njleg.state.nj.us/

9. Understand deadlines and statutory references

Statute of limitations for most personal injury claims in New Jersey: 2 years from the date of injury (see N.J.S.A. 2A:14-2). For access to New Jersey legislative resources: https://www.njleg.state.nj.us/
Automatic PIP coverage and related auto insurance rules are administered in New Jersey and described on the state’s insurance consumer pages: https://www.state.nj.us/dobi/division_consumers/insurance/auto.html

10. Consider hiring an attorney

You are not required to hire an attorney, but an attorney can evaluate whether your injuries exceed PIP/no-fault limits, calculate full damages (including future losses and pain and suffering), handle negotiation with insurers, and, if necessary, file a lawsuit before the limitation period expires. Consider getting legal help if:

Your injuries are significant or potentially permanent;
Medical bills or lost income are large;
Liability is contested (the other driver blames you);
An insurer denies or undervalues your claim; or
You feel overwhelmed by paperwork, deadlines, or medical proof.

What damages you can seek

Under a liability/personal injury claim (outside no-fault), possible recoverable damages include:

Past and future medical expenses not covered by PIP;
Lost wages and diminished earning capacity;
Pain and suffering and loss of enjoyment of life;
Property damage (usually handled separately through auto property claims); and
Other out-of-pocket costs (transportation for medical care, household help).

How long the process usually takes

Timelines vary. Minor injury claims often settle in a few months. More serious cases with unresolved liability, significant injuries, or disputes over damages can take many months to years, especially if a lawsuit is necessary. Promptly document and preserve evidence to speed resolution.

Helpful Hints

Seek medical care immediately and follow recommended treatment — gaps in treatment can hurt a claim.
File your PIP claim early; insurers may have short reporting windows.
Obtain a copy of the police crash report and review it for accuracy.
Photograph the scene and damage from many angles as soon as possible.
Write down witness contact details and short statements while memories are fresh.
Keep a file (digital or physical) with all medical records, bills, receipts, and repair estimates.
Be careful when giving recorded statements to insurers; limit your comments to facts and refer legal or complex questions to an attorney.
Do not post details or photos about the crash or injuries on social media; insurers and defense lawyers often review social media for statements that can be used against you.
Act before the statute of limitations runs — in most New Jersey personal injury cases you have two years (see N.J.S.A. 2A:14-2 and general legislative resources at https://www.njleg.state.nj.us/).
If you cannot get your medical bills covered or your claim is denied, consider speaking with a lawyer promptly to evaluate next steps.

Where to find more official information

New Jersey Department of Banking and Insurance — auto insurance consumer information (PIP overview): https://www.state.nj.us/dobi/division_consumers/insurance/auto.html
New Jersey Legislature — laws and statutes (for statute references such as N.J.S.A. 2A:14-2): https://www.njleg.state.nj.us/
New Jersey Courts — general court information and self-help resources: https://www.njcourts.gov/

Disclaimer: This article explains general principles of New Jersey law and common steps people take after a car crash. It does not provide legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed New Jersey attorney.

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