Hit and Run Accident Attorney In Bergen County NJ
Being involved in a car accident is traumatic—but when the at-fault driver flees the scene, the situation becomes even more overwhelming. In Bergen County, hit and run accidents are not only dangerous but carry severe legal consequences under New Jersey law. Fleeing the scene of an accident can lead to criminal charges, license suspension, and steep fines—even more so if injury or death is involved.
If you’ve been the victim of a hit-and-run, it’s essential to act quickly. Our Bergen County Personal Injury Lawyers provides skilled legal representation to help identify the driver, navigate insurance claims involving uninsured motorist coverage, and hold all responsible parties accountable. We also represent individuals facing hit-and-run charges, ensuring their rights are protected throughout the legal process.
We offer a FREE initial consultation to assess your case, whether you are a victim seeking justice or someone accused of leaving the scene. With deep knowledge of local laws and courts, our Bergen County attorneys are committed to providing the focused, compassionate legal support you need during this difficult time.
Key Legal Issues in Hit and Run Accidents
In Bergen County, New Jersey, hit-and-run accidents are taken very seriously under state law. According to N.J.S.A. 39:4‑129, drivers must stop immediately if they are involved in an accident—whether it involves property damage, personal injury, or death—and must remain at the scene until they have:
- Provided their name, address, driver’s license, and vehicle registration to the other party, any law enforcement officer, or any witnesses.
- Rendered reasonable assistance to anyone injured, including taking them to medical care if required.
- If no one is present to receive the information at the scene, reported the accident to the nearest police department as soon as possible
Failing to fulfill any of these duties can result in criminal charges under New Jersey law. Another statute, N.J.S.A. 2C:12‑1.1, imposes harsher penalties for knowingly leaving the scene when serious bodily injury has occurred
Consequences of Failing to Stop and Report in New Jersey
Depending on the severity of the accident, penalties escalate significantly:
- Property Damage Only
- Misdemeanor under N.J.S.A. 39:4‑129
- Fines ranging from $200 to $400 (first offense), up to $400–$600 for subsequent offenses
- Jail time up to 30 days
- Driver’s license suspension for up to 6 months, increasing for repeat offenses
- Accidents Involving Injury or Death
- Traffic offense punishable by $2,500–$5,000 in fines, up to 180 days in jail, and one-year license suspension
- Criminal charges under N.J.S.A. 2C:12‑1.1 carry felony prosecution with prison sentences between 3–5 years and fines up to $15,000.
What To Do if You are in a Hit and Run Accident In Bergen County, NJ?
A hit and run accident can leave you feeling shaken, vulnerable, and uncertain about what to do next. In Bergen County, where traffic congestion and busy intersections increase the risk of such incidents, it’s vital to know your legal rights and the steps to take immediately after the crash.
First, ensure your safety. Move to a secure area away from traffic if possible, and avoid pursuing the fleeing driver. Your safety and the safety of others come first. Immediately call 911 to report the incident. Prompt police involvement is crucial not only for your safety but also for documentation, which is required for insurance claims and potential legal action.
Next, start gathering any available evidence. If you saw the other vehicle, note its make, model, color, and license plate—even partial information can be helpful. Speak to witnesses at the scene and take photos of the damage, the roadway, and any injuries.
After emergency responders arrive, be sure to get a copy of the police report or at least the report number. You should then seek medical attention right away—even if you feel fine. Injuries may not show symptoms immediately, and having medical records is essential for your claim.
Report the accident to your insurance company as soon as possible. Under New Jersey’s no-fault system, you may be covered for medical costs through Personal Injury Protection (PIP). If the other driver remains unidentified, you may also file a claim under your uninsured motorist (UM) coverage.
Lastly, consult a personal injury attorney in Bergen County cases. A hit-and-run presents complex legal challenges, especially when there’s no at-fault driver to hold accountable directly. An attorney can help investigate the case, deal with insurance companies, and fight for the full compensation you deserve.
Can I still recover compensation if the driver who hit me fled the scene Bergen County, NJ?
Yes, you can still recover compensation even if the driver who hit you fled the scene. In Bergen County and throughout New Jersey, victims of hit-and-run accidents have several legal options, especially if they have access to certain types of insurance coverage.
New Jersey is a no-fault insurance state, which means that if you have Personal Injury Protection (PIP) coverage as part of your auto insurance policy—or are covered under a household member’s policy—you can receive compensation for medical expenses regardless of who caused the accident. PIP benefits cover hospital bills, ongoing medical treatment, and even lost wages in some cases.
If the at-fault driver cannot be identified, and you were injured as a pedestrian or while driving your own vehicle, you may also qualify for compensation under your Uninsured Motorist (UM) coverage. This type of coverage is designed specifically for situations like hit-and-runs where the liable driver is either unknown or has no insurance. UM coverage can help pay for damages such as pain and suffering, ongoing treatment, and lost future income.
Additionally, the New Jersey Property-Liability Insurance Guaranty Association (NJPLIGA) offers limited benefits for residents without access to UM coverage, though the process can be more complex and benefits may be capped.
To maximize your chances of receiving full compensation, it’s essential to:
- File a police report promptly.
- Document the scene and your injuries.
- Notify your insurance company immediately.
- Consult a Bergen County personal injury attorney who is experienced in handling hit-and-run cases in .
Legal representation can ensure all claim deadlines are met, the right insurance channels are pursued, and that you are not unfairly denied or underpaid by insurers.
What should I do if I don’t have uninsured motorist coverage after a hit and run accident In Bergen County, NJ?
First, check if any other household member’s insurance policy might cover you. New Jersey law allows injured persons to access UM benefits through a relative’s auto insurance policy if they reside in the same household. It’s worth reviewing these policies carefully with the help of an attorney.
Even without UM coverage, Personal Injury Protection (PIP) benefits are generally available. As part of New Jersey’s no-fault insurance system, PIP covers medical bills and lost income regardless of who caused the accident. While it won’t compensate for pain and suffering, it can help alleviate the financial burden of treatment and recovery.
If no private insurance is available, you may be eligible to seek limited compensation through state resources such as the New Jersey Property-Liability Insurance Guaranty Association (NJPLIGA). This program serves as a backstop in cases where no insurance exists, though it has strict eligibility requirements and may only cover a portion of your losses.
Additionally, it’s critical to continue working with local law enforcement to help identify the at-fault driver. If they are located and have assets or insurance, you may be able to pursue a personal injury lawsuit against them directly.
Key Actions to Take:
- Check all household insurance policies for potential UM coverage.
- File a claim under your PIP benefits for medical expenses and income loss.
- Contact NJPLIGA to explore last-resort compensation options.
- Continue communication with law enforcement about the driver’s identification.
- Consult a personal injury attorney to evaluate all legal options and ensure nothing is missed.
Is There a Time Limit for Reporting a Hit-and-Run Accident to the Police in Bergen County, NJ?
Yes, in Bergen County and throughout New Jersey, there are specific legal requirements and time limits for reporting a hit-and-run accident to the police. Under N.J.S.A. 39:4-130, any driver involved in an accident that results in injury, death, or property damage must report the incident to law enforcement immediately—and no later than within 10 days. However, when you’re the victim of a hit-and-run, the obligation shifts to reporting the accident as soon as possible to maximize the chances of identifying the fleeing driver and protecting your legal rights.
If injuries occur, it is essential to call 911 immediately. Prompt law enforcement involvement ensures that a police report is filed, medical help is dispatched, and any evidence—like debris or skid marks—is properly documented. This police report is often critical when filing an insurance claim or pursuing compensation through your uninsured motorist coverage.
Even in cases where the damage appears minor, failing to report the accident in a timely manner can have serious consequences. Delays may result in issues with insurance claims or weaken your legal position if you decide to file a personal injury lawsuit. Additionally, late reporting can hinder the police investigation, making it more difficult to locate and prosecute the at-fault driver.
In summary, you should always:
- Report the accident immediately if there are injuries or fatalities.
- File a written report within 10 days if property damage occurred.
- Document everything, including photos and witness statements, and provide this information to the police.
Can I Sue the Hit-and-Run Driver If They Are Identified in Bergen County, NJ?
Yes, if the driver who fled the scene of an accident is later identified, you absolutely have the right to sue them in Bergen County, New Jersey. In addition to facing criminal charges for fleeing the scene, the at-fault driver can also be held civilly liable for your injuries, property damage, and other losses.
In New Jersey, hit-and-run drivers can be sued for negligence and other civil claims including reckless driving, failure to render aid, and emotional distress, depending on the facts of the case. You may pursue compensation for medical expenses, lost wages, pain and suffering, and any future costs related to rehabilitation or long-term care. If the driver’s behavior was especially egregious, such as fleeing after causing serious bodily injury, a court may even award punitive damages to punish and deter such conduct.
To be successful in a lawsuit, you’ll need to provide evidence that:
- The defendant was the driver who caused the accident.
- The defendant failed to stop and comply with legal obligations.
- You suffered damages as a direct result of the accident.
It is also critical to file your lawsuit within New Jersey’s two-year statute of limitations for personal injury claims. If your case involves a public entity (e.g., a municipal vehicle), you must file a notice of claim within 90 days under the New Jersey Tort Claims Act.
Legal representation is essential in these cases. A personal injury attorney can help collect evidence, determine the full scope of your damages, and fight to hold the responsible driver accountable.
How Can a Personal Injury Attorney Help Me With My Hit and Run Accident Case in Bergen County, NJ?
If you’ve been the victim of a hit and run accident in Bergen County, working with a personal injury attorney can be one of the most important steps you take to protect your rights and secure compensation. These cases are often complex, involving unknown drivers, insurance hurdles, and legal deadlines—making legal guidance crucial.
A personal injury attorney can first help identify all potential sources of compensation. This includes checking your auto policy for Personal Injury Protection (PIP) and Uninsured Motorist (UM) coverage, and verifying if any household member’s policy might provide benefits. If the at-fault driver is eventually identified, your attorney can pursue a civil lawsuit to recover damages such as medical expenses, lost income, pain and suffering, and potentially punitive damages for the driver’s reckless conduct.
Your attorney will also assist in gathering critical evidence, such as police reports, witness statements, video footage, and medical records. These elements are key to building a strong case, whether you’re negotiating with an insurance company or preparing for litigation.
Additionally, an experienced local attorney ensures compliance with important legal deadlines. For example, New Jersey requires that personal injury lawsuits be filed within two years of the accident. If a government entity is involved, you must file a Notice of Claim within 90 days under the New Jersey Tort Claims Act.
Beyond the technical aspects, a personal injury attorney provides strategic advocacy, negotiates with insurance companies on your behalf, and offers peace of mind during what is often a physically and emotionally difficult time.
In short, your lawyer helps you:
- Evaluate all legal and insurance options
- Collect and preserve evidence
- Handle complex paperwork and deadlines
- Represent your interests in court or settlement negotiations
What damages can I recover in a hit and run accident case In Bergen County, NJ?
Victims of hit and run accidents in Bergen County, NJ are entitled to pursue a wide range of damages, even if the responsible driver cannot be immediately identified. The type and amount of compensation depend on the severity of the injuries, the impact on your life, and available insurance coverage.
If the hit-and-run driver is found and has sufficient insurance or personal assets, you may pursue compensation through a civil lawsuit. If not, your own Uninsured Motorist (UM) coverage may allow you to recover damages. Here’s a breakdown of recoverable damages:
Economic Damages in a Hit and Run Accident
These are measurable financial losses resulting from the accident:
- Medical expenses: hospital bills, doctor visits, surgery, physical therapy, prescriptions
- Lost wages: income lost due to time off work
- Loss of future earning capacity: if your injuries limit your ability to work in the future
- Property damage: repairs or replacement of your vehicle or other personal items
Non-Economic Damages in a Hit and Run Accident
These cover more subjective losses:
- Pain and suffering: physical pain, mental anguish, and emotional distress
- Loss of enjoyment of life: if your injuries limit your ability to engage in daily activities
- Permanent disability or disfigurement
Punitive Damages in a Hit and Run Accident
If the hit-and-run driver is located and their conduct is found to be particularly reckless or malicious (e.g., fleeing the scene after causing serious harm), New Jersey courts may award punitive damages to punish the behavior and deter similar acts.
Insurance-Based Compensation in a Hit and Run Accident
If the at-fault driver cannot be located, you may still recover damages under:
- Personal Injury Protection (PIP): covers medical expenses and lost income, regardless of fault
- Uninsured Motorist (UM) coverage: applies if the at-fault driver is unidentified or uninsured
- NJPLIGA (New Jersey Property-Liability Insurance Guaranty Association): as a last resort for eligible victims without insurance
Each case is unique, and the availability of damages will depend on your policy coverage, the facts of the accident, and the extent of your losses.