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What is the statute of limitations after a New Jersey auto wreck?

On Behalf of | Aug 1, 2022 | Motor Vehicle Accidents

Automobile accidents may result in serious injuries, property damage and even fatalities. By filing a claim, individuals who sustained harm, whether physical or otherwise, in a wreck may retrieve compensation for their losses.

However, there are rules for doing so, including many that revolve around the type of insurance a person has. One concerns the amount of time that passes after the incident.

What is the statute of limitations?

Individuals must file a claim within two years of the date the accident occurred on. Failing to file in this period may result in the quick dismissal of a case on the basis of law. However, there do exist exceptions to this rule.

What are the exceptions?

In certain cases, “tolling,” or stopping the counting of the time after the accident, may be a possibility. The statute of limitations countdown does not immediately start if the injured individual is underage. Instead, the plaintiff has two years after his or her eighteenth birthday to file a claim. The statute of limitations also does not apply to those who are not mentally competent enough to understand their rights until they become able to do so. If a person is unaware of the injury until after the date of the accident, the countdown to two years starts only after the day of the discovery of the injury. Finally, if the other party is in a location where he or she is unreachable, then the plaintiff may file an affidavit saying it is so, and have the statute tolled.

Not filing a claim within the statute of limitations may cost the victim any compensation he or she might have entitlement to. It is vital to file a claim as soon as possible to avoid falling outside of the allowable period.