Rear End Collision
$2,300,000
Insurer offered$85,000
Spinal cord injury after a rear end crash. The insurer offered $85,000.
Serving New Jersey
N.J.S.A. 59:8-8: The 90 Day Notice of Claim Against New Jersey Public Entities
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In New Jersey, N.J.S.A. 59:8-8 requires a written notice of claim within 90 days when a public entity such as NJ Transit, a municipality or the State caused or contributed to your crash. Miss it and the claim against that entity can be lost. Top USA Law serves notices in the first weeks. Call (877) 411-5291.
What does N.J.S.A. 59:8-8 say?
N.J.S.A. 59:8-8 is part of the New Jersey Tort Claims Act, the law that allows injury claims against government bodies but on the government's terms. It requires that a claim for injury be presented to the public entity, in writing, not later than the 90th day after the claim accrued. For a crash, the claim accrues on the day of the collision.
The notice must identify the claimant, describe the incident, the injuries and the damages claimed, and name the public entity and employees believed responsible. Each entity has its own claim form and its own office for service, and the notice must reach the right one. After the notice is served, no lawsuit may be filed for six months, and the suit must then be filed within two years of the crash.
Public entities in New Jersey car accident cases include NJ Transit buses and trains, county and municipal buses, police vehicles, public works and road department trucks, school district buses, and the public entities that design and maintain roads, signals and guardrails.
When does the 90 day notice apply to your crash?
It applies whenever a public entity or public employee may be liable, even partly. If a police cruiser ran a light, if an NJ Transit bus rear ended you, or if a missing stop sign or broken signal contributed to the crash, a notice is required for that entity. The claim against any private driver in the same crash follows the ordinary two year rule under N.J.S.A. 2A:14-2 and needs no notice.
What if the notice is late?
The Act allows a court to permit a late notice up to one year after the crash, but only on a motion showing extraordinary circumstances and no substantial prejudice to the entity. Courts apply that standard strictly, and being unaware of the rule is not an extraordinary circumstance. After one year no late notice is possible.
A worked example
A driver is hit by a municipal snow plow in Hackensack on January 20, 2026. The 90 day notice must be presented to the City of Hackensack by April 20, 2026. Suit cannot be filed until October 20, 2026 at the earliest and must be filed by January 20, 2028. If the plow driver's employer was actually Bergen County, the notice must go to the county; serving the wrong entity does not satisfy the statute, which is why we investigate the vehicle's ownership immediately.
Other rules that come with a public entity claim
The Tort Claims Act also limits pain and suffering recovery against a public entity to cases involving a permanent loss of a bodily function, permanent disfigurement or dismemberment, with medical expenses above a statutory amount. Your own PIP coverage under N.J.S.A. 39:6A-4 still pays medical bills in the meantime.
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Results in cases like this
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Every case is different. Past results do not guarantee, warrant, or predict a similar outcome.
Where we help in New Jersey
How Top USA Law handles public entity claims in New Jersey
We identify every potential public entity in the first days, confirm who owns and operates the vehicle or the roadway, and serve the notice of claim on each one well inside 90 days. Paul Perkins, Of Counsel, is licensed in New Jersey. See the New Jersey car accident lawyer page or call (877) 411-5291.
Related New Jersey statute guides
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Frequently Asked Questions
Is NJ Transit a public entity under the Tort Claims Act?
Yes. NJ Transit is a State agency, and a claim for injuries caused by an NJ Transit bus or train requires the 90 day notice under N.J.S.A. 59:8-8, served on NJ Transit's claims office. Private charter and casino shuttle operators are not public entities.
Do I need a notice of claim if a police car hit me?
Yes. Police vehicles are owned by municipalities, counties or the State, and the officer is a public employee. A notice of claim under N.J.S.A. 59:8-8 must be served on the correct entity within 90 days of the crash.
Can I file a lawsuit right after serving the notice?
No. The Tort Claims Act requires you to wait six months after the notice is served before filing suit against the public entity, unless the entity denies the claim sooner. The lawsuit must still be filed within two years of the crash.
What happens if I served the notice on the wrong agency?
Notice to the wrong entity generally does not satisfy the statute. If the 90 days have not passed, serve the correct entity immediately. If they have, a motion for leave to file a late notice within one year is the only route, and it requires extraordinary circumstances.
Last reviewed by Paul Perkins, Esq., September 2026.
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