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Gelman Gelman Wiskow & McCarthy LLC
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Accident Claims in New Jersey: Special Statutes of Limitations

In the aftermath of an auto accident, the health of the people involved must be everyone’s primary concern. Those who are injured need immediate medical attention, while law enforcement handles the details of clearing the accident scene to remove dangers left behind and to provide documentation of what happened.

Once people are examined and treated appropriately, financial issues should be addressed, beginning with the accident report filed with the police and including the medical records maintained by emergency and longer-term healthcare providers. Costs for medical and therapeutic care in auto accidents can be astounding.

When the accident is the fault of another person or persons and your resulting costs exceed the threshold of your insurance plan, you have only two years under most conditions to file a claim or a lawsuit. However, that statute of limitations changes under specific circumstances, including:

  • Accidents with most government-operated vehicles. If a city, county or state vehicle was involved, you must file a special tort claims notice within 90 days of the accident.
  • Accidents with a New Jersey Port Authority vehicle. You have one year to file a notice for a Port Authority vehicle accident.
  • Pedestrians struck by certain types of vehicles. If you are struck by a motorcycle while walking, you have six months to file a claim with the Property-Liability Insurance Guaranty Association.

These time limitations underscore the importance of hiring a motor accident attorney to pursue your appropriate compensation. Missing a deadline can prove to be extremely costly.

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