Failure to Report an Accident in New Jersey

N.J.S.A. 39:4-130 · Moving Violations & Driving Offenses

What the law says

A driver involved in an accident causing injury or death, or property damage to any one person in excess of $500.00, must promptly notify the specified police authority and send a written report to the commission within 10 days. The section also prohibits suppressing evidence of a violation or the identity of the violator.

Motor vehicle offenses like this are heard in the municipal court where the ticket was issued. A motor vehicle conviction isn't a criminal record, but it can bring fines, MVC points, surcharges, license suspension, and higher insurance costs.

What the statute covers

Key rules in N.J.S.A. 39:4-130 that the State relies on:

How the charge is graded

• Except as otherwise provided in this section, a person who knowingly violates this section shall be fined not less than $30 or more than $100.
• A person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of not less than $250 or more than $1,000.

Penalties in the statute

• A fine of not less than $30 or more than $100 for a person who knowingly violates this section, except as otherwise provided in this section.
• A fine of not less than $250 or more than $1,000 for a person who suppresses evidence of a violation or the identity of the violator.
• The chief administrator may revoke or suspend the operator's license privilege and registration privilege of a person who violates this section.

Other rules that can matter

• A written report is not required if a law enforcement officer submits a written report of the accident to the commission pursuant to R.S.39:4-131.
• The reports are without prejudice, for the information of the commission, and not open to public inspection. The fact that a report was made is admissible solely to prove compliance with this section; no report or part of it or statement in it is admissible for any other purpose in a proceeding or action arising out of the accident.
• The chief administrator may rely on the accuracy of a report unless there is reason to believe it is erroneous. The commission may require supplemental reports if, in its opinion, the original report is insufficient.
• If a driver knowingly fails to make a written report, there is a permissive inference that the registered owner was the person involved in the accident. If the vehicle is owned by a rental car company or is leased, there is a permissive inference that the renter or authorized driver under a rental car contract, or the lessee, and not the owner, was the person involved; the requirements and penalties under this section apply to that renter, authorized driver, or lessee and not the owner.
• It is not a defense that the operator was unaware of the existence or extent of personal injury or property damage caused by the accident, as long as the operator was aware of being involved in an accident.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Radar and lidar calibration and operator training records
• Officer observation and the officer's vantage point
• Negotiating to a lower-point or no-point offense
• Protecting CDL holders and drivers close to suspension

What to do right now

1. Don't pay the ticket online. Paying is a guilty plea.
2. Check your driver history abstract so you know your current points.
3. Keep the summons and write down what happened at the stop.
4. Tell your lawyer if you hold a CDL or already have points or suspensions.
5. Call before your court date. Many tickets can be resolved without you missing work.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Failure to Report an Accident charge.

Related charges

• Reckless Driving →
• Careless Driving →
• Unsafe Operation of a Motor Vehicle →
• Speeding →
• Racing on Highways →
• Leaving the Scene of an Accident →
• Using a Handheld Cell Phone While Driving →
• Failure to Observe a Traffic Signal (Red Light) →

Sources

• N.J.S.A. 39:4-130 on Justia (2024 New Jersey Revised Statutes)
• NJ MVC points schedule
• NJ MVC surcharges

Statute summaries are based on the 2024 compilation of the New Jersey Revised Statutes. Laws change, so confirm the current version with counsel.

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.