Last verified: January 2026. This page reflects current New Jersey Statutes NJSA 39:4-129 and 2C:12-1.1 governing hit and run offenses.
📑 Table of Contents (click to expand)
Quick Summary: New Jersey Hit and Run Laws
New Jersey takes hit and run offenses seriously, with penalties that can include significant prison time and permanent license revocation:
- Property damage only: Up to 30 to 90 days in jail and $200 to $400 fine for first offense
- Personal injury: Up to 180 days in jail and $5,000 fine
- Serious bodily injury: Third-degree crime, 3 to 5 years in prison
- Death: Second or third-degree crime, 5 to 10 years in prison
- Report requirement: Accidents with injury, death, or property damage over $500 must be reported within 10 days
- License points: 2 points for property damage, 8 points for injury or death
- Fault state: New Jersey is a no-fault insurance state with a comparative fault rule
References:
Your Legal Obligations at the Scene of an Accident
NJSA 39:4-129 requires that any driver involved in an accident must immediately stop at the scene or as close as possible and fulfill several legal requirements:
- Provide identification: Give your name, address, and exhibit your driver’s license to the other driver, property owner, or injured person
- Render assistance: You or a passenger in your vehicle must provide reasonable help to anyone who needs it
- Exchange insurance: Share your insurance policy information with the other party
- Notify police: Contact law enforcement if the accident results in death, injury, or property damage
- Remain at scene: Stay until you have fulfilled all required duties
Upon first conviction under this statute, the court must suspend your driver’s license for up to one year. For subsequent offenses, permanent license revocation is possible.
Misdemeanor Hit and Run in New Jersey
Leaving the scene of an accident involving only property damage is a disorderly persons offense (similar to a misdemeanor in other states). Penalties include:
First Offense (Property Damage)
- Fine between $200 and $400
- Possible jail time of 30 to 90 days (at court’s discretion)
- License suspension up to 6 months
- 2 demerit points on your driving record
Subsequent Offenses
- Fine between $200 and $400
- Up to 30 days in jail
- License suspension up to 6 months
Hitting an Unattended Vehicle
If you damage an unattended vehicle or property:
- Make a reasonable effort to locate the owner
- If you cannot find the owner, leave a note in a conspicuous place with your name, address, contact information, and vehicle registration
- Notify law enforcement if damages appear to exceed $500
Reportable Accidents in New Jersey
Under NJSA 39:4-130, you must report any accident resulting in:
- Death or injury to any person
- Property damage exceeding $500
You must notify police using the “quickest means of communication” and submit a written accident report within 10 days. The self-reporting crash form is available through the New Jersey Department of Transportation.
Failure to report carries a fine between $30 and $100. The statute specifies that being unaware of personal injury or property damage is NOT a valid defense for failure to report.
If the Driver Cannot Report
If the driver is physically incapable of giving notice or filing a report, and there was another occupant in the vehicle capable of doing so, that occupant must fulfill the reporting requirements.
Felony Hit and Run in New Jersey
When an accident results in injury or death, the consequences become far more severe:
Leaving Scene with Personal Injury
- Up to 180 days in jail
- Maximum fine of $5,000
- License suspension or revocation
- 8 demerit points
Leaving Scene with Serious Bodily Injury
Under NJSA 2C:12-1.1, knowingly leaving the scene of an accident that results in serious bodily injury is a third-degree crime. “Serious bodily injury” means any injury that:
- Creates a significant risk of death
- Causes serious permanent disfigurement
- Results in loss or impairment of any bodily member or organ
Penalties for a third-degree crime include 3 to 5 years in prison and fines.
Vehicular Manslaughter and Assault by Auto
NJSA 2C:11-5 defines vehicular homicide:
“Criminal homicide constitutes vehicular homicide when it is caused by driving a vehicle or vessel recklessly.”
Vehicular homicide classifications:
- Second-degree crime: Up to 10 years in prison and $150,000 fine (for reckless driving causing death)
- First-degree crime: Up to 20 years in prison (if under the influence of drugs or alcohol at time of accident)
The statute mandates a minimum term of imprisonment. For vehicular homicide, you must serve between one-third and one-half of your sentence (or 3 years, whichever is greater) before becoming eligible for parole.
Eluding Police
Eluding a police officer in New Jersey is a third-degree crime, punishable by up to 5 years in prison.
New Jersey Hit and Run Penalties Summary
- Property damage (first offense): 30 to 90 days jail, $200 to $400 fine, 6-month license suspension, 2 points
- Property damage (subsequent): Up to 30 days jail, $200 to $400 fine, 6-month suspension
- Personal injury: Up to 180 days jail, $5,000 fine, license suspension, 8 points
- Serious bodily injury: Third-degree crime, 3 to 5 years prison
- Vehicular homicide (reckless): Second-degree crime, up to 10 years prison, $150,000 fine
- Vehicular homicide (DUI): First-degree crime, up to 20 years prison
- Failure to report: $30 to $100 fine
- Eluding police: Third-degree crime, up to 5 years prison
Demerit Points: You may receive up to 10 points on your license for leaving the scene: 5 points for failure to stop and 5 points for failure to report.
New Jersey Crash Statistics
According to the New Jersey State Police and Attorney General’s Office:
- 2023 fatal crashes: 585 fatal crashes, a 9.4% decrease from 646 in 2022
- 2023 total deaths: 606 people died on New Jersey roads
- 2024 trend: Several counties reported increases in fatalities, including Hunterdon County (100% increase), Cape May County (75% increase in driver fatalities), and Cumberland County (36.4% increase)
- Pedestrian fatalities: Bergen County saw a 23% increase in pedestrian deaths; Gloucester County saw a 20% increase
- Age demographics: 43 victims in 2024 were 20 years old or younger; 30 victims were at least 80 years old
The New Jersey State Police maintains current fatal crash statistics updated regularly.
Notable New Jersey Hit and Run Cases
State v. Wolak (2024)
In October 2024, Grzegorz Wolak, 33, of Clifton was charged with second-degree knowingly leaving the scene of an accident resulting in death. Wolak allegedly struck 58-year-old Rachel McNeil with his Ford Explorer in the area of Passaic and Aycrigg avenues in April 2024 and fled the scene. The Passaic County Prosecutor’s Office filed charges six months after the fatal incident following an extensive investigation.
Camden Murder Charge (2024)
In September 2024, a hit and run driver who struck and killed a pedestrian in Camden was charged with murder, demonstrating that prosecutors may pursue the most serious charges when circumstances warrant. The murder charge reflects the intentional nature of the driver’s conduct in fleeing the scene.
Civil Liability and How Fault is Determined
New Jersey is a no-fault state, meaning your own insurance company pays for your injuries regardless of who caused the accident. However, the state follows a comparative fault rule for claims that exceed no-fault coverage.
Under the comparative fault rule, you can recover damages if your share of responsibility for the accident is less than 50%. If you are 50% or more at fault, you cannot recover damages from the other party.
Statute of Limitations:
- Personal injury claims: 2 years from the date of accident
- Property damage claims: 6 years
Protecting Your Rights at the Scene
Both drivers and victims should take these steps:
- Document everything: driver descriptions, vehicle make, color, license plate, and damage
- Take photos or video if possible
- Collect witness contact information
- Seek medical attention before commenting on your condition
- Call police immediately
- Never admit fault
- Give a truthful account of events without speculation
Tip: If the accident results in serious injury, death, or expensive property damage, contact an attorney before speaking with insurance companies. What you say can affect both criminal charges and civil liability.
Possible Defenses to Hit and Run Charges
Potential defenses depend on the specific facts of your case:
- Safety concerns: Remaining at the scene would have placed you in danger (e.g., threats from the other party)
- Lack of knowledge: You were genuinely unaware that an accident occurred
- Compliance: You fulfilled all statutory obligations before leaving
- Mistaken identity: You were not the driver involved in the accident
Each hit and run case has unique facts. Working with an experienced attorney is essential for building an effective defense.
Frequently Asked Questions
How long do I have to report an accident in New Jersey?
You must submit a written report within 10 days for accidents involving death, injury, or property damage over $500. You should also notify police at the scene using the quickest available means.
Can I lose my license permanently for hit and run?
Yes. For a first conviction, your license may be suspended for up to one year. For subsequent offenses, the court may permanently revoke your driving privileges.
What is the difference between a traffic offense and a criminal charge?
Property damage hit and run is typically a traffic offense under NJSA 39:4-129. When the accident results in serious injury or death, you face criminal charges under NJSA 2C:12-1.1, which carry prison time rather than county jail.
How many points will I get for hit and run?
Leaving the scene of a property damage accident adds 2 points. If the accident involves injury or death, you receive 8 points. You may also receive additional points for failure to report (up to 5 points each for failure to stop and failure to report).
Does New Jersey have a permissive inference for hit and run?
Yes. The statute creates a permissive inference that the registered owner of the vehicle was the person involved in the accident. For rental or leased vehicles, the inference applies to the renter or lessee rather than the vehicle owner.