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Newark Hit-and-Run Accident Lawyers
Car crashes are stressful enough, but when the other driver flees the scene, the situation becomes even more complex. Although the at-fault party has broken the law by leaving, you’re still left dealing with injuries, vehicle damage, and uncertainty about how to recover compensation.
Fortunately, New Jersey law gives you legal options—even when the driver isn’t immediately identified. An experienced Newark hit-and-run accident lawyer can help you pursue compensation through your own insurance policy while working to hold the responsible driver accountable if they are located.
Is It Illegal to Leave the Scene of an Accident in Newark, New Jersey?
Yes. Under N.J.S.A. § 39:4-129, it is illegal to leave the scene of a motor vehicle accident in New Jersey, even if the crash only caused property damage. Drivers must stop, exchange information, and offer aid if someone is injured. Failing to stop can result in traffic violations, criminal charges, and even jail time, especially in cases involving injury or death.
For injured victims, the most immediate concern is often how to recover damages without the other driver’s insurance information.
What Are My Legal Options After a Hit-and-Run Accident in Newark?
Even if the at-fault driver is never found, you can still pursue financial compensation for your injuries and losses. A hit-and-run crash is treated much like a collision involving an uninsured driver. In these cases, you may be able to recover compensation through:
- Personal Injury Protection (PIP)
New Jersey follows a no-fault insurance system, so your own PIP coverage will pay for your medical bills and lost wages—up to your policy limits—regardless of who caused the crash.
- Uninsured Motorist (UM) Coverage
All New Jersey auto policies must include uninsured/underinsured motorist (UM/UIM) coverage unless you opted out in writing, which is rare. This coverage exists specifically for situations like hit-and-runs. If the fleeing driver cannot be identified, your UM coverage may help pay for:
- Medical expenses beyond PIP limits
- Pain and suffering (if eligible)
- Property damage (depending on your policy)
Do I Still Need to Prove Fault in a Hit-and-Run Case?
Yes—to recover non-economic damages, such as pain and suffering, you must prove that:
- The other driver was negligent, and
- You suffered a serious injury, as defined under New Jersey’s verbal threshold law.
It’s not enough to show that the driver fled. That act occurred after the collision. To make a successful UM claim for full compensation, you’ll still need evidence, such as:
- Eyewitness statements
- Surveillance footage
- Physical evidence from the crash scene
Even if you cannot prove fault, you may still receive compensation through your PIP coverage, but this will be limited to medical costs and certain financial losses, not pain and suffering.
Can a Lawyer Help Me Locate the At-Fault Driver?
Yes, and doing so may give you access to the other driver’s liability insurance. While police conduct their own investigation, limited resources mean not all hit-and-run cases are prioritized, especially those without life-threatening injuries.
A Newark hit-and-run accident lawyer can help by:
- Interviewing witnesses who saw the crash or the fleeing vehicle.
- Searching for nearby security or traffic cameras that captured the incident.
- Contacting local auto repair shops to locate the damaged vehicle.
- Running DMV searches based on partial license plate numbers.
If the at-fault driver is eventually located and has insurance, your insurer may seek reimbursement. If the driver is underinsured, your policy may convert to an underinsured motorist claim.
Will My Insurance Company Be Difficult to Deal With?
Unfortunately, yes. Many people assume that their own insurer will treat them fairly simply because they are a paying customer. But when it’s time to pay out on a claim, insurers often try to minimize payouts—even for long-time policyholders.
You may face:
- Lowball settlement offers.
- Delayed claim processing.
- Requests for unnecessary documentation.
- Denials based on vague policy language.
In some cases, you may even need to file a lawsuit against your own insurer to receive the full amount you’re entitled to under your policy.
Why You Need a Newark Hit-and-Run Accident Lawyer
Navigating the aftermath of a hit-and-run is never easy, especially when you’re dealing with injuries and financial stress. A skilled attorney can help by:
- Investigating the crash and locating potential evidence.
- Filing your insurance claims and handling communications.
- Negotiating aggressively for maximum compensation.
- Pursuing litigation if the insurer refuses to pay a fair settlement.
Contact the Newark Hit-and-Run Accident Lawyers at Goldstein & Goldstein, LLP if You Have Been Injured
If the other driver has left the scene of the crash or if you have been involved in any incident relating to a motor vehicle, reach out to the Newark hit-and-run accident lawyers at Goldstein & Goldstein, LLP. We are standing by and ready to help you. To schedule a free consultation, contact us online or call 973-675-8277. Located in East Orange, New Jersey, we proudly serve clients in the surrounding areas.