New Jersey (no 2020s rewrite)
The Comparative Negligence Act (L.1973, c.146; N.J.S.A. 2A:15-5.1) did not move. On January 1, 2026, minimum bodily-injury liability limits rose to $35,000 per person and $70,000 per accident on new and renewal policies (P.L.2022, c.87; N.J.S.A. 39:6B-1; DOBI Bulletin 25-06). That is a coverage floor. It is not a number for anyone's case, and it did not rewrite who can sue.
Last checked Sep 23, 2026 · LawyerUnc editorial. Educational only, not legal advice.
- If you share blame
- If you are more than 50% at fault, you recover nothing. At 50% or less, your recovery is cut by your share of blame.
- Ordinary injury time limit
- 2 years. N.J.S.A. 2A:14-2. Tolling, discovery rules, and other claim types can change that. Use the time-limit tool, then have a lawyer confirm the subsection.
- Caps on pain and suffering
- No general cap on pain and suffering. A car-crash policy with the limitation-on-lawsuit option (the verbal threshold, N.J.S.A. 39:6A-8) can still block noneconomic damages unless the injury is death, dismemberment, significant disfigurement or scarring, a displaced fracture, loss of a fetus, or a permanent injury shown by objective clinical evidence. That is an insurance choice, not a damages cap.
What that actually means
You can be zero percent at fault and still not sue for pain and suffering. That happens when the policy you bought says limitation on lawsuit and the injury is not on the six-item list in N.J.S.A. 39:6A-8. The declarations page answers that. A tort-reform headline does not.
The 51% bar is a different statute. N.J.S.A. 2A:15-5.1 bars recovery only if your fault is greater than the other side's. A 50/50 split still recovers, cut in half. States with a 50% bar zero that split. Do not import their math.
After May 26, 2026, a New York car-crash suit can hit a similar more-at-fault bar. That did not copy New Jersey. New York's bar is an auto carveout. New Jersey's bar is the general Comparative Negligence Act, and New Jersey still has the verbal threshold. Crossing the Hudson is still a different file.