New Jersey

STATUTE OF LIMITATIONS

Personal Property: 6 Years

Personal Injury: 2 Years

Breach of Contract (Written): 6 Years

Breach of Contract (Oral): 6 Years

Statute of Repose (Real Property): 10 Years

Statute of Repose (Products): N/A

Breach of Warranty: 4 Years

GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS

Notice of claim required within 90 days of accrual of claim
Suit must be filed within 2 years

PIP/MED PAY SUBROGATION

PIP: YES
-PIP is recoverable against commercial or livery vehicles
MED PAY: NO

CONTRIBUTORY NEGLIGENCE

Modified Comparative – 51%
Plaintiff cannot recover if 51% or more at fault (if found to be 50% at fault, plaintiff can recover)

CERTIFICATE/AFFIDAVIT OF MERIT REQUIREMENT

Must be filed within 60 days of receipt of defendants answer

JOINT AND SEVERAL LIABILITY

Several Liability applies to a defendant who is less than 60% at fault

JOINT AND SEVERAL LIABILITY

applies to a defendant who is 60% or more at fault

VICARIOUS LIABILITY

AGAINST OWNER OF VEHICLE: NO

MADE WHOLE DOCTRINE

Applies

DEDUCTIBLE REIMBURSEMENT

Pro-Rata Reimbursement

Subrogation laws are constantly changing. Dickstein Law, LLC makes every effort to keep the state specific information up to date and accurate.  However, the information may become outdated or superseded by new law over time.  The state specific information contained on this site should not be construed as legal advice by Dickstein Law, LLC.  These materials are intended as a general information resource and should not be relied on for any specific claim or situation. If you have a subrogation question or if you notice an error in the information provided on this site, please contact Brandon Dickstein at brandon@dicksteinsubro.com.