What NJ Law Requires After A Car Accident
Reviewed by William A. Proetta, Esq. · Updated November 2026
After a crash in New Jersey, the law requires you to stop immediately, stay at the scene, help anyone who is hurt, and give your name, address, driver’s license and registration to the other people involved or to police (N.J.S.A. 39:4-129). If anyone is injured or killed, or property damage is over $500, you must also report the crash to police right away (N.J.S.A. 39:4-130). Leaving the scene is a motor vehicle offense with fines, jail exposure and license loss, and it becomes a state prison crime when someone is seriously injured or killed.
What Must You Do After a Car Accident in NJ?
- Stop immediately. Stop at the scene or as close to it as you safely can, and go back if you had to pull ahead. A driver who hits something must stop and check even without knowing what was hit (State v. Fisher, 395 N.J. Super. 533 (App. Div. 2007)).
- Help anyone who is hurt. The statute requires “reasonable assistance,” including getting an injured person to medical treatment when it is clearly needed or the person asks.
- Give your information. Give your name and address and show your driver’s license and registration to the injured person, the other driver or occupants, any police officer, or a witness. Drivers commonly trade insurance details too, but 39:4-129(c) itself lists the name, address, license and registration.
- Stay until that is done. You must remain at the scene until you have given that information. If no one is able to receive it and no officer is there, report the crash to the nearest police office.
- Call the police when the law requires it. Any crash with an injury, a death, or more than $500 in damage to one person’s property must be reported to the local police, the county police or the nearest State Police station “by the quickest means of communication.”
- File a written report if police did not. When no officer writes a report, the driver must send a written report to the MVC within 10 days.
What If You Hit a Parked Car or Unattended Property?
You still must stop. Then either find and tell the owner, or securely attach a written note to the vehicle with your name and address and the name and address of your car’s owner. You must also notify the nearest police office without unnecessary delay (N.J.S.A. 39:4-129(d)). The penalties for skipping these steps are the same as for leaving a property-damage crash.
What Are the Penalties for Leaving the Scene of an Accident?
| Situation | Fine | Jail | License | MVC points |
|---|---|---|---|---|
| Injury or death, first offense (39:4-129(a)) | $2,500 to $5,000 | The statute provides for 180 days, applicable when someone other than the driver was hurt or killed | Lost for 1 year | 8 |
| Injury or death, repeat offense | $2,500 to $5,000 | Same | Permanently forfeited | 8 |
| Property damage only, first offense (39:4-129(b)) | $200 to $400 | Up to 30 days | Lost for 6 months | 2 |
| Property damage only, repeat offense | $400 to $600 | 30 to 90 days | Lost for 1 year | 2 |
| Unattended car or property (39:4-129(d)) | Same as property damage | Same | Same | 2 |
| Failure to report the crash (39:4-130) | $30 to $100 | None | MVC may suspend | None |
Sources: N.J.S.A. 39:4-129 and 39:4-130; MVC points schedule. Hiding or destroying evidence of the crash, or hiding the driver’s identity, is a separate $250 to $1,000 fine.
Can You Be Convicted If You Didn’t Know You Hit Something?
The offense requires that the driver was “knowingly involved” in the accident. But the statute makes that easier to prove: a court may infer the driver knew about the crash if it caused an injury, a death, or $250 or more in damage. Not knowing how serious the injury or damage was is no defense. The law also lets the court infer that the registered owner was the driver, or the renter or lessee for a rented or leased car (N.J.S.A. 39:4-129(e)).
When Is Leaving the Scene a Crime in New Jersey?
When someone is seriously hurt or killed, leaving the scene is also charged under the Criminal Code and heard in Superior Court, on top of the motor vehicle offense.
| Result of the crash | Charge | Degree and range |
|---|---|---|
| Serious bodily injury | Knowingly leaving the scene, N.J.S.A. 2C:12-1.1 | Third degree: 3 to 5 years, fine up to $15,000. The usual presumption against prison for first offenders does not apply. |
| Death | Knowingly leaving the scene, N.J.S.A. 2C:11-5.1 | Second degree: 5 to 10 years, fine up to $150,000, with a presumption of prison. |
Sentences stack
Both crimes are built to add time. A conviction for leaving the scene does not merge with a related assault, assault by auto, manslaughter or vehicular homicide charge, and the prison terms must run consecutively. The State also does not have to prove the driver knew someone was seriously hurt or killed, only that the driver knew there was an accident and knowingly left.
Physical contact is not required. In State v. Sene, 443 N.J. Super. 134 (App. Div. 2015), certif. denied, 224 N.J. 282 (2016), the court held that a driver whose actions contributed to a crash, and who knows it, must stay even if his car never touched the victim or the victim’s vehicle. And under Fisher, failing to identify yourself and failing to report are “critical components of the crime,” so driving away is not the only conduct the law punishes.
For defense of these charges, see leaving the scene of a fatal accident, and our county pages on leaving the scene in Jersey City and Hudson County, Middlesex County and Union County.
Related reading
Car Accident Law FAQs
Do You Have To Call The Police After A Car Accident In NJ?
Yes, if anyone is injured or killed or property damage to any one person is over $500. N.J.S.A. 39:4-130 requires an immediate report to the local police, county police or the nearest State Police station.
What Information Do You Have To Give After An Accident In NJ?
Under N.J.S.A. 39:4-129(c), your name and address, plus your driver’s license and vehicle registration, given to the injured person, the other driver or occupants, a police officer or a witness.
How Many Points Is Leaving The Scene Of An Accident In NJ?
Two points when no one was hurt, and eight points when someone was injured, under the MVC point schedule.
Is Leaving The Scene Of An Accident A Felony In NJ?
New Jersey uses degrees instead of felonies. Leaving the scene of a crash that causes serious bodily injury is a third-degree crime, and leaving one that causes a death is a second-degree crime. A property-damage-only case is a motor vehicle offense in municipal court.
What Should You Do If You Hit A Parked Car In NJ?
Stop, then either find the owner or leave a secure written note with your name and address and the name and address of your car’s owner, and notify the nearest police office without unnecessary delay.
Talk to a New Jersey Lawyer
A leaving-the-scene charge often turns on what the driver knew and when, and those facts are worth reviewing before anything is said to police or an insurer. William Proetta has over 15 years of criminal trial experience and handles traffic, DWI and criminal cases in courts across New Jersey from offices in Jersey City and Edison.
Call (201) 793-8018 or contact us online for a free, confidential review.