When you’re the victim of a hit and run accident, confusion, anger, and financial uncertainty can set in fast. The driver who caused your injuries may have fled the scene, but that doesn’t mean your legal options are gone.
Under New Jersey law for hit and run, leaving the scene of an accident is a serious offense that can lead to criminal charges, hefty fines, license suspension, and jail time. For victims, it can also mean pursuing insurance claims, uninsured motorist coverage, and civil lawsuits to recover medical costs, lost wages, and other damages.
Whether your crash involved you being injured as a pedestrian, a cyclist, a rideshare passenger, or in a commercial truck, understanding how hit and run cases work – and how to protect your rights – is critical. As a hit and run lawyer NJ victims trust, firms like ours will investigate the accident, coordinate with law enforcement, and fight for every dollar of compensation available.
This is the type of service we provide to our clients, but even if you’re not ready to hire a lawyer, the information below will help you understand how New Jersey’s hit and run laws work, what steps to take after an incident, and what options may be available for recovering compensation.
In New Jersey, a hit and run occurs when a driver involved in a crash fails to stop and exchange required information or render aid. According to the National Highway Traffic Safety Administration (NHTSA), these accidents account for thousands of injuries and fatalities nationwide each year.
Under N.J.S.A. 39:4-129, drivers must:
Failing to do so can result in criminal charges, fines, license suspension, and potential jail time. Civil liability is separate – meaning victims can pursue compensation even if the driver faces criminal prosecution.
Hit and run accidents can happen in any number of ways:
According to the AAA Foundation for Traffic Safety, hit-and-run accidents are on the rise. If you’re the victim of a hit and run, your actions in the immediate aftermath can greatly impact your case:
Victims of hit and run accidents in NJ often turn to their own insurance policies for recovery, especially through Uninsured Motorist (UM) coverage. A knowledgeable New Jersey car accident attorney can review your policy and identify possible recovery sources.
Compensation may include:
In serious cases, victims may also require the support of a New Jersey catastrophic injury lawyer to ensure long-term care needs are addressed.
One of the biggest challenges in a hit and run accident is that the at-fault driver often can’t be identified or located. Without a known defendant or their insurance information, injured victims may think they have no way to recover damages. This is where uninsured motorist (UM) coverage becomes critical.
Under New Jersey law for hit and run, UM coverage is designed to step in when the person who caused your accident has no insurance – or, in the case of a hit and run, cannot be found. It can pay for medical expenses, lost wages, and other compensable damages just as if the at-fault driver’s insurer were involved.
For UM benefits to apply, New Jersey drivers must typically prove that the accident occurred, that the other driver fled the scene, and that reasonable efforts were made to identify them. The process often involves prompt reporting to police, collecting witness statements, and notifying your insurance company quickly. Delays or incomplete documentation can jeopardize your ability to claim UM benefits.
Even though UM coverage is part of most standard NJ auto insurance policies, disputes still arise – insurers may minimize payouts, deny claims over technicalities, or require extensive proof before paying benefits. That’s why many victims of serious crashes involving TBIs, fractures, or other catastrophic harm also speak with a car accident attorney or a hit and run lawyer that specializes in car accidents in NJ to ensure the claim is handled correctly from the start.
For a deeper dive into how UM coverage works in hit and run scenarios, see the National Association of Insurance Commissioners – Uninsured Motorist Coverage.
While uninsured motorist (UM) coverage protects you when the at-fault driver can’t be identified or has no insurance, underinsured motorist (UIM) coverage applies when the other driver’s insurance limits aren’t high enough to cover your damages.
In New Jersey, minimum auto liability coverage requirements are relatively low – meaning a serious crash can easily generate medical bills, lost wages, and rehabilitation costs that exceed the at-fault driver’s policy limits. If you suffer severe injuries in a hit and run and the driver is eventually identified but only carries minimal coverage, your UIM benefits can make up the difference between their policy limit and your actual losses.
UIM claims can become especially important in New Jersey hit and run accident cases involving traumatic brain injuries, spinal cord damage, or other catastrophic harm where recovery costs can stretch into hundreds of thousands of dollars or more. These claims require detailed documentation of your total damages, proof of the other driver’s policy limits, and timely notice to your own insurance provider.
Because UIM disputes often center on how damages are calculated and whether your insurer has to pay the full balance, many injured victims turn to experienced counsel such as a hit and run accident attorney or, in the cases where the injury is extremely bad, a catastrophic injury lawyer in NJ to navigate negotiations and, if necessary, litigation.
A hit and run driver can face criminal charges for leaving the scene in NJ, but those proceedings don’t automatically result in financial compensation for the victim. That’s where a civil claim comes in.
Civil claims are typically handled by lawyers for hit and run accidents in New Jersey. They focus on securing money damages for medical costs, lost income, and pain and suffering. Criminal and civil cases may run at the same time, but they are separate legal actions.
New Jersey has a six-year statute of limitations for personal injury claims, meaning you generally have six years from the date of the accident to file a lawsuit. Exceptions exist for minors or cases involving delayed injury discovery.
Police investigations into hit and run accidents can move quickly, so hiring the best hit and run accident attorney in NJ early on, ensures your legal team can work alongside investigators, preserve evidence, and locate the responsible party.
Sometimes, a hit and run overlaps with other personal injury claims:
What should I do immediately after a hit and run?
Your first step should be to ensure your safety – move to a safe location and call 911. Provide the police with any details you remember about the fleeing vehicle, such as the make, model, color, partial license plate, or direction it traveled.
Seek medical attention right away, even if you feel fine, because some injuries like concussions or internal trauma aren’t immediately obvious. The next step is to contact an experienced hit and run lawyer in NJ who can work with law enforcement, investigate the crash, and start the process of pursuing compensation through uninsured motorist coverage or other legal channels.
Can I still get compensation if the driver is never found?
Yes. New Jersey law for hit and run cases allows injured victims to pursue damages through their own uninsured motorist (UM) coverage, which is included in most auto insurance policies. This coverage can pay for medical bills, lost wages, property damage, and pain and suffering, even when the at-fault driver remains unidentified.
However, UM claims are still insurance claims, meaning your insurer may attempt to minimize payouts. Having a skilled hit and run accident attorney in New Jersey on your side can help ensure your claim is fully valued and paid promptly.
What if the hit and run was a minor fender bender?
Even in minor crashes, you should still report the incident to police and your insurance company. Damage to your vehicle may be more extensive than it appears, and minor injuries can worsen over time.
Leaving the scene of any accident is a crime in NJ, and documenting the event will protect your rights. If you later develop pain, dizziness, or other symptoms, your documented report will strengthen your ability to recover compensation.
What penalties do hit and run drivers face in NJ?
Under the New Jersey law for hit and run incidents, penalties can include hefty fines, license suspension, and even jail time – especially if the accident caused injury or death.
In addition to criminal charges, the driver may be held liable in a civil lawsuit for your medical bills, lost wages, and other damages. A hit and run attorney in NJ can help you pursue civil compensation while prosecutors handle the criminal side.
Will my insurance rates go up if I make a UM claim?
In New Jersey, there is no comprehensive law currently in place that prevents insurers from raising rates after a not-at-fault accident, including uninsured motorist (UM) claims. While the state’s no-fault insurance system means your own policy pays for medical expenses, insurers can still raise premiums in some situations – particularly if there are multiple accidents on your record.
A bill known as S-3717 was introduced in late 2024 that aims to prohibit insurers from increasing rates after not-at-fault accidents, but as of now it has not yet been enacted into law. Because every insurer handles pricing and risk differently, it’s best to review your policy carefully and consult with an attorney if you’re concerned about potential premium increases after making a UM claim.
Do I need a lawyer if the police have already found the driver?
Yes. Even if the driver has been located and charged, their insurance company may still try to deny liability or limit payouts. An attorney can gather evidence, interview witnesses, consult accident reconstruction experts, and negotiate with insurers to make sure you get the full amount you’re entitled to. If negotiations fail, your lawyer can take the case to court.
How long do I have to file a lawsuit?
In most cases, you have two years from the date of the accident to file a personal injury lawsuit in New Jersey. However, claims involving uninsured motorist (UM) or underinsured motorist (UIM) coverage follow a different rule – these contract-based claims generally have a six-year statute of limitations. Insurance claims must still be reported much sooner, sometimes within days of the crash, to preserve your rights under the policy. Missing these deadlines can jeopardize your ability to recover damages.
You are usually well served by a local attorney who understands the nuances of both personal injury and insurance law.
For example, if your accident took place in Hackensack or Paramus, hiring a personal injury lawyer in Bergen County NJ who understands the time limits for both lawsuits and insurance claims can help you meet every critical deadline.
Can a hit and run lead to a wrongful death claim?
Yes, surviving family members may work with wrongful death lawyers in NJ to recover damages.
Are there special rules for hit and run accidents involving commercial trucks?
Yes – commercial policies and federal regulations may apply.
Can passengers file a claim after a hit and run accident?
Yes. Passengers injured in a hit and run can file claims through the driver’s insurance, their own UM coverage, or other applicable policies. This applies whether they were in the fleeing vehicle, another vehicle, or were a pedestrian struck during the crash. An attorney can help determine which policies apply and how to maximize your recovery.
How can a lawyer help if the police case is closed?
They can pursue civil claims independently, even if criminal charges aren’t filed.
What if I was injured in a hit and run while walking or cycling?
Pedestrians and cyclists are particularly vulnerable in hit and run accidents and often suffer severe injuries such as fractures, spinal cord damage, or traumatic brain injuries. These victims can still recover compensation through UM coverage or potentially other avenues such as a premises liability case if road conditions or a hazard on private property (like a private parking lot) contributed to the crash. Because these cases can be complex, it’s critical to work with a
bicycle accident attorney experienced in representing vulnerable road users.
A hit and run accident can leave you feeling powerless – but you have options. At Injury Lawyers of NJ, we fight to hold negligent drivers accountable and get victims the compensation they deserve. Whether you’re in Paramus, Vineland, Pennsauken, Trenton, or anywhere in the state, our personal injury lawyers in New Jersey are ready to help.
Contact our injury lawyers today for a free consultation.
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