New Jersey Hit-and-Run
In New Jersey, you must stop after an accident so you can provide your information, report the accident, and file an insurance claim in the next 24 hours.
Written by Maxine Boyko
Reviewed by Jessica Barrett
Committing a hit-and-run in
New Jersey
can result in a misdemeanor or felony charge. Not only does it affect your driving record
, but the punishments include up to $150,000 in fines, imprisonment for 5-10 years, and permanent driver’s license revocation. A hit-and-run is a serious offense with varying penalties and definitions according to the state where it happens. However, most states agree that a hit-and-run usually involves a person getting into a traffic collision and failing to stop afterward.
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What is a hit-and-run?
A hit-and-run is a crash where the driver flees the scene without stopping and providing contact information. If you are involved in a collision, you are required by law to stop and provide any needed information, like your identification and proof of insurance.
It doesn’t matter whether you are at fault for the accident. Fleeing the accident scene without providing the required information violates the law and can result in serious criminal charges.
What happens if you commit a hit-and-run in New Jersey?
No matter the circumstances, do not leave the scene of the accident if you are involved in an accident in New Jersey. Even if you are not at fault, failure to provide your contact and insurance information to the other involved individual(s) is grounds for a criminal charge.
Further, the driver of any vehicle resulting in injury or death to any person can result in felony charges and penalties, even if the person is not responsible for causing the accident.
Is a hit-and-run a felony in New Jersey?
A hit-and-run in New Jersey can be tried as either a misdemeanor, felony, or both, depending on the context of the accident. New Jersey can prosecute for a hit-and-run under two separate laws: a traffic violation and a criminal act.
A person fleeing the scene of an accident that only caused property damage will be charged with a misdemeanor traffic violation. A person who flees the scene of an accident resulting in injury or death will result in a traffic offense charge and a felony charge, even if they weren’t at fault for the accident.
What is the punishment for a hit-and-run in New Jersey?
In New Jersey, the penalties for a hit-and-run depend on the extent of damages to property and life. New Jersey prosecutes the crime under two statutes: (1) a traffic violation and (2) a criminal act.
A collision resulting in only property damage without injuries is charged as a traffic violation. For a first conviction, the penalties include a possible jail term of up to 30 days, a mandatory maximum 30-day license suspension, a fine of $200 to $400, and 2 points on your driving record. Second and subsequent offenses have heftier penalties.
Keep in mind: If you need reinstate your license after a suspension, then your car insurance provider will need to file an
SR-22 form
on your behalf. Here are the punishments for committing a hit-and-run traffic violation in New Jersey:
Result of accident | Punishment | |||
|---|---|---|---|---|
Only vehicle damage: first offense | $200 - $400 fine | 30 days in jail | 6 months license suspension | 2 points |
Only vehicle damage: subsequent offense | $400 - $600 fine | 30 - 90 days in jail | 1 year license suspension | 2 points |
Injury or death: first offense | $2,500 - $5,000 fine | 180 days in jail | 1 year license suspension | 8 points |
Injury or death: subsequent offense | $2,500 - $5,000 fine | 180 days in jail | Permanent license revocation | 8 points |
Along with traffic violation charges, a hit-and-run resulting in either serious bodily injury or death has the additional felony charge punishments as follows:
Result of accident | Criminal charge | Punishment | |
|---|---|---|---|
Serious bodily injury | 3rd-degree felony | 3 - 5 years in jail | $15,000 fine |
Death | 2nd-degree felony | 5 - 10 years in jail | $150,000 fine |
In addition to fines, there are also surcharges depending on the number of points assigned to your license. There is a $450 surcharge fee for accumulating six points, and each subsequent point costs $75.
Further, if you suppress or conceal any evidence of a hit-and-run or hide the culprit's identity, you can be fined $250 to a maximum of $1,000.
Key Takeaway A hit-and-run is a serious offense in New Jersey, no matter who is at fault. Fleeing the scene will result in a traffic violation charge and/or criminal charges.
How to avoid a hit-and-run charge
According to
New Jersey Statute 39:4-129
, a driver involved in an accident must immediately stop at the scene of the accident, or as close as possible without obstructing traffic more than is necessary, and remain there until they provide the following information:- Name, addresvs, driver’s license, and registration certificate to any person injured or who sustained property damage and to any police officer or accident witness
Additionally, in the case of an injury, the driver must provide reasonable assistance, including providing transportation to medical treatment as necessary. After fulfilling all other requirements, the driver must report the accident to the nearest police department.
If the owner of an unattended struck vehicle cannot be located, the driver must leave a written notice giving their name and address, along with the license plate of the car. They can also notify the local police station to identify the property owner.
What should I do if I experience a hit-and-run in New Jersey?
Accidents happen! If you experience a hit-and-run in New Jersey, the best thing you can do is remain calm, document the accident details, and immediately report the collision.
At the scene
Do not panic and leave or attempt to chase the fleeing vehicle. Instead, move your car to a safe location. Scan the scene to determine whether anyone is hurt, then call 911 so they can dispatch the police and emergency medical help if needed. While you wait for the police to arrive, collect the following information:
- The nature of the crash and how it occurred
- License plate numbers of the involved vehicles, if possible
- The fleeing vehicle’s make, model, and body style
- Any damages or unique identifying characteristics of the fleeing vehicle
- The driver’s appearance
- Which direction the car was traveling in when it fled
Try to collect any information from witnesses who were present at the scene that might be valuable to include in the report. Also, look for other clues at the scene, such as accident debris or skid marks. If you can, take photos of all the damages and the area where the accident occurred to use as physical evidence.
After you leave the scene
File an insurance claim within 24 hours of the hit and run.
When filing the claim, you should follow up with the police officer on the scene and make sure they filed a report. In addition to backing up your claim, it may help lead to the offender.
If the culprit’s identity or license plate number can be located, their liability insurance will likely compensate for any damages, and your insurance company will review the rest of the claim like any other accident.
If you don’t have information on the other driver, filing a claim becomes tricky. Liability insurance alone will not cover you and your damages. Having additional coverage beforehand, such as
collision coverage
, uninsured/underinsured motorist coverage
, or personal injury protection (PIP)
, can provide more extensive coverage. What insurance covers a hit-and-run?
Insurance type | Will it cover a hit-and-run? | Notes |
|---|---|---|
Collision coverage | Yes | You may need to pay the deductible first |
Uninsured motorist coverage | Maybe | Confirm with your insurance company to see if your policy covers hit-and-runs |
Personal injury protection (PIP) | Yes | It could also cover lost wages and other accident-related costs. You may need to pay the deductible. |
Medical payments (MedPay) coverage | Yes | Will only cover what health insurance doesn’t |
MORE: How to file a car accident claim report
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FAQs
Will a hit-and-run affect my insurance?
Rest assured, if you are the victim of a hit-and-run, your insurance rate will remain unchanged. However, if you cause a collision and run, the points and potential criminal charges added to your file will significantly increase your premium.
Do I need a lawyer if I’ve committed a hit-and-run?
If you’ve committed a hit-and-run, you should immediately consult with an attorney to assess the best course of action.
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