New Jersey Hit and Run Laws: Penalties, Statutes, and Your Rights

New Jersey prosecutes hit and run under NJSA 39:4-129 and the criminal code simultaneously. A first property-damage violation carries up to 30 days in jail (30 to 90 days for a subsequent offense), while leaving the scene of a fatal accident is a second-degree crime under NJSA 2C:11-5.1, punishable by 5 to 10 years in prison.

Hurt in a hit-and-run? If the driver who hit you fled or had no insurance, your own uninsured/underinsured-motorist (UM/UIM) coverage may pay your injury claim. Estimate what it could be worth with our free New Jersey Car Accident Settlement Calculator.

Quick Summary: New Jersey Hit and Run Penalties

New Jersey prosecutes hit and run offenses under two separate statutes: a traffic violation (NJSA 39:4-129) and a criminal offense (NJSA 2C:12-1.1 and 2C:11-5.1). When someone is injured or killed, the driver faces charges under both statutes simultaneously.

• Property damage only (first offense): Up to 30 days in jail, $200 to $400 fine, six-month loss of driving privileges
• Personal injury (traffic offense): Up to 180 days in jail, $2,500 to $5,000 fine
• Serious bodily injury (criminal): Third-degree crime, 3 to 5 years in prison, up to $15,000 fine
• Death (criminal): Second-degree crime, 5 to 10 years in prison, up to $150,000 fine
• 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

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 show 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

If an accident involved injury or death, a first conviction under this statute means you forfeit your right to drive for one year from the date of conviction. A subsequent conviction means you permanently forfeit your right to drive in New Jersey.

Property Damage Hit and Run (Traffic Offense)

Leaving the scene of an accident involving only property damage is a motor vehicle violation under NJSA 39:4-129(b), part of New Jersey's traffic code (Title 39), not a crime under the Code of Criminal Justice.

First Offense

• Fine between $200 and $400
• Possible jail time of up to 30 days (at the court's discretion)
• Loss of driving privileges for 6 months from the date of conviction
• 2 demerit points on your driving record

Subsequent Offenses

• Fine between $400 and $600
• 30 to 90 days in jail
• Loss of driving privileges for 1 year from the date of conviction

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 visible 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 unable to give notice or file a report, and another occupant in the vehicle is capable of doing so, that occupant must fulfill the reporting requirements.

Hit and Run with Injury or Death (Criminal Charges)

When an accident results in injury or death, you face both the traffic violation under NJSA 39:4-129 and criminal charges under the New Jersey Criminal Code.

Leaving the Scene with Personal Injury (Traffic Offense)

Under NJSA 39:4-129, leaving the scene of an accident involving personal injury carries:

• Up to 180 days in jail
• Fine between $2,500 and $5,000
• License suspension or revocation for 1 year
• 8 demerit points

Leaving the Scene with Serious Bodily Injury (Third-Degree Crime)

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: 3 to 5 years in prison and fines up to $15,000.

Leaving the Scene Resulting in Death (Second-Degree Crime)

Under NJSA 2C:11-5.1, knowingly leaving the scene of an accident that results in death is a second-degree crime. This is one of the most serious hit and run charges in New Jersey.

Penalties: 5 to 10 years in prison and fines up to $150,000.

An important aspect of this statute: neither knowledge of the death nor knowledge of the specific traffic violation are elements of the offense. It is not a defense to claim you did not know the victim died.

When the court imposes sentences for multiple offenses from the same incident, those sentences run consecutively, not concurrently.

Vehicular Manslaughter and Assault by Auto

NJSA 2C:11-5 defines vehicular homicide as causing death by driving recklessly.

Vehicular homicide classifications:

• Second-degree crime: Up to 10 years in prison and $150,000 fine (for reckless driving causing death, including most deaths caused by a drunk or drugged driver)
• First-degree crime: Up to 20 years in prison (if the driver was driving while intoxicated or in violation of the refusal law while on or within 1,000 feet of school property, or while driving through a school crossing)

A separate statute, NJSA 2C:11-5.3, makes causing a death while driving intoxicated "strict liability vehicular homicide," a third-degree crime that does not require proof of reckless driving.

The statute mandates a minimum term of imprisonment when the driver was under the influence, or was driving on a license suspended or revoked for drunk driving, refusal, or certain related violations. In those cases, 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): Up to 30 days jail, $200 to $400 fine, 6-month loss of driving privileges, 2 points
• Property damage (subsequent): 30 to 90 days jail, $400 to $600 fine, 1-year suspension
• Personal injury (traffic): Up to 180 days jail, $2,500 to $5,000 fine, 1-year suspension, 8 points
• Serious bodily injury (criminal): Third-degree crime, 3 to 5 years prison, up to $15,000 fine
• Death (criminal): Second-degree crime, 5 to 10 years prison, up to $150,000 fine
• Vehicular homicide (reckless): Second-degree crime, up to 10 years prison, $150,000 fine
• Vehicular homicide (DUI in a school zone or school crossing): 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

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

The New Jersey State Police maintains current fatal crash statistics updated regularly.

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. If your injury claim goes beyond no-fault coverage and the other side blames you, get a free claim review from a New Jersey car accident lawyer on the fault split before the two-year injury deadline (attorney advertising).

Permissive Inference: 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.

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

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
• 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

Other New Jersey Laws

• New Jersey Recording Laws
• New Jersey Lemon Law
• New Jersey Statute of Limitations
• New Jersey Whistleblower Laws
• New Jersey Sexting Laws
• New Jersey Child Support Laws

More New Jersey Laws

• New Jersey Car Accident Laws
• New Jersey Statute of Limitations

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. Failure to report carries a fine between $30 and $100.

Can I lose my license permanently for hit and run in New Jersey?

Yes. If the accident involved injury or death, a first conviction means you forfeit your right to drive for one year from the date of conviction. A subsequent conviction means you permanently forfeit your right to drive in New Jersey.

What is the difference between a traffic offense and a criminal charge for hit and run?

Property damage hit and run is typically a traffic offense under NJSA 39:4-129 with penalties of up to 30 days in jail for a first offense (30 to 90 days for a subsequent offense). When the accident results in serious bodily injury, you face a third-degree crime under NJSA 2C:12-1.1 with 3 to 5 years in prison. If the accident results in death, you face a second-degree crime under NJSA 2C:11-5.1 with 5 to 10 years in prison.

How many points will I get for hit and run in New Jersey?

Leaving the scene of a property damage accident adds 2 demerit points. If the accident involves injury or death, you receive 8 demerit points. You may also receive additional points 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.