Switch to ADA Accessible Theme
Close Menu
Red Bank & Shrewsbury Divorce Lawyer
Get Trusted Help Today 732-743-9665
Red Bank & Shrewsbury Lawyers / New Jersey Hit and Run Accident Lawyer

New Jersey Hit and Run Accident Lawyer

If you were hit by a driver who kept going, or if you are the driver and you left a scene you now wish you had stayed at, the next few days matter more than most people realize. Sanvenero & Cittadino, LLC is a New Jersey law firm that handles personal injury claims, criminal and municipal court defense, and traffic matters for clients across Monmouth, Ocean, and Middlesex Counties and throughout the state.

For victims, the central problem is simple: the person who caused the crash is gone, and the insurance company you would normally pursue has no name attached to it. For drivers accused of leaving the scene, the problem is different. A charge of leaving the scene is not just a traffic ticket. Depending on whether anyone was hurt, it can bring a criminal case, a license suspension, and a civil claim on top of it. Either way, evidence is perishable, and the choices you make early shape what is possible later.

What a Hit and Run Victim Can Actually Recover When the Driver Is Never Found

The most common fear among hit and run victims is that no identified driver means no compensation. That is not how it works. If the at-fault driver is located, you pursue that driver and their liability insurer for medical bills, lost income, and pain and suffering. If the driver is never found, many injured people can turn to their own auto policy, specifically uninsured motorist coverage, which is designed to respond when the responsible driver cannot be identified. Whether you have that coverage, how much of it, and what your policy requires of you after the crash are questions we look at early, because insurers often attach conditions, such as prompt police reporting, to these claims.

Pedestrians, cyclists, and motorcyclists are in a harder spot, since they may not own a car or may not carry the same coverage. Household policies, a relative’s policy, or other coverage sources sometimes come into play. Sorting out which policy applies is real work, and it is the kind of detail that decides whether a claim has value. Our personal injury attorneys deal directly with insurance companies so injured clients can concentrate on treatment, and the firm has recovered $400,000 for personal injury clients in just three months in one matter.

New Jersey’s comparative negligence rule also applies. You can recover as long as your own share of fault is not greater than that of the party you are pursuing, and your award is reduced by your percentage of responsibility. In a hit and run, insurers sometimes try to shift blame onto a pedestrian crossing outside a crosswalk or a cyclist riding near a parked car. Evidence from the scene often answers that argument.

Why Choose Sanvenero & Cittadino, LLC for a Hit and Run Case

Hit and run cases rarely fit neatly into one practice area. The injured client needs a personal injury lawyer. The accused driver needs a criminal and municipal court defense lawyer. Sometimes the same collision produces both a criminal complaint and a civil lawsuit. Sanvenero & Cittadino, LLC represents clients on all sides of that divide, serving individuals and families throughout Monmouth County, Ocean County, Middlesex County, and the rest of New Jersey, and the attorneys are admitted in New Jersey, New York, Florida, and the District of Columbia. Several of the firm’s attorneys have been recognized by Super Lawyers.

Joshua Cittadino, Founding Partner, brings experience in personal injury, construction litigation, real estate, employment matters, and business transactions, which matters when a hit and run involves a commercial vehicle, a work vehicle, or a driver on the job. Richard Sanvenero, Managing Partner and a New Jersey Supreme Court Certified Matrimonial Attorney, anchors the firm’s family law practice, and that coordinated team approach helps when a serious injury or criminal charge spills into a client’s household finances or custody situation. Mike Canarick, Of Counsel, a tax and estate planning attorney, rounds out the team when a catastrophic injury or wrongful death raises long-term planning questions for a family. Clients tell us what they value is plain communication: we return calls and explain each step in plain terms.

Situations That Lead to Hit and Run Claims and Charges in New Jersey

  • Pedestrian Strikes: Crosswalks along busy shore-town business districts and downtown streets in places like Red Bank, Long Branch, and Asbury Park see heavy foot traffic, especially in summer. A driver who clips a pedestrian and flees leaves the victim with a claim that depends on witnesses, nearby cameras, and prompt police reports.
  • Parking Lot and Garage Collisions: A driver backs into your parked car or another vehicle and drives off. These are often property damage cases, which carry a six-year filing window, but if someone was hurt the shorter injury deadline controls.
  • Cyclist and Motorcyclist Crashes: Riders are frequently thrown from their bikes and may not see the vehicle that caused it. Injuries tend to be serious, and uninsured motorist coverage is often central to recovery.
  • Highway and Parkway Crashes: High-speed sideswipes and rear-end impacts on major roadways like the Garden State Parkway and Route 9 can leave victims with little more than a partial description of a vehicle. Prompt reporting and any dashcam footage matter enormously.
  • Drivers Accused of Leaving the Scene: Someone who struck another vehicle, a fixed object, or a person and left, whether from panic, confusion, or not realizing what happened, may face a criminal complaint in municipal court or, with serious injury, in Superior Court.
  • Leaving the Scene While Impaired: Some drivers flee because they fear a DWI charge. That choice can stack leaving-the-scene allegations on top of a DWI, with consequences that compound.
  • Fatal Hit and Runs: When a victim dies, surviving family members may bring a wrongful death claim, generally within two years of the date of death, alongside whatever criminal prosecution the State pursues.

What to Do in the Hours and Days After a Hit and Run

If you were injured, get medical care first, even if you feel mostly okay. Adrenaline hides injuries, and a gap between the crash and treatment is something insurers use to argue the injury was not that serious. Then call the police and make sure a report is filed. Local departments in places like Red Bank, Middletown, Long Branch, and Toms River handle these reports, and the State Police respond on the parkway and state highways. The report matters for your insurance claim, particularly an uninsured motorist claim, where insurers commonly want proof you reported promptly.

Gather evidence quickly, because it disappears. Photograph the scene, your injuries, and any damage to your vehicle, including paint transfer or debris left behind. Write down everything you remember about the other vehicle while it is fresh: color, make, partial plate, direction of travel, anything distinctive. Go back, or send someone back, to look for businesses with security cameras, doorbell cameras on nearby homes, or traffic cameras, because many systems overwrite footage within days. Ask witnesses for contact information before they leave.

Watch the deadlines. Personal injury claims in New Jersey generally must be filed within two years of the accident, and property damage claims within six. If a government entity could be involved, for example a municipal vehicle or a poorly maintained roadway contributed to the crash, a 90-day notice of claim requirement applies. Notify your own insurer promptly and read your policy’s reporting requirements, but be careful with recorded statements, because adjusters ask questions designed to narrow your claim.

If you are the driver who left, the advice is almost the opposite on one point: do not contact the other party, do not post about it, and do not give the police a statement before you have spoken with a lawyer. Cases are often decided by what a driver says in the first interview. Depending on where the incident occurred, the matter may be heard in a municipal court such as those serving Red Bank, Middletown, Tinton Falls, Long Branch, or Toms River, or move to the Superior Court if the charge is more serious. We evaluate whether the State can actually prove you knew about the collision, whether the stop and any identification were lawful, and what the realistic exposure is, including your license.

How Civil Claims and Criminal Charges Interact

A hit and run can produce two completely separate proceedings with separate standards. The criminal case is brought by the State and aims at punishment. The civil case is brought by the injured person and aims at compensation. Victims do not need a conviction to recover, and a not-guilty outcome in the criminal case does not erase a civil claim. For victims, a criminal case can still be useful, since a driver who is identified and charged gives the civil claim a defendant and, often, an insurer.

Victims should also know about the Victims of Crime Compensation Office. If the hit and run qualifies as a crime committed in New Jersey, it must be reported to law enforcement within nine months, and a claim must be filed within five years of the incident, subject to a good-cause exception for delay. Eligibility does not depend on the offender being convicted or even prosecuted, and there is no minimum loss requirement for incidents on or after the mid-1990s cutoff. The office can help with costs such as medical care, counseling, and lost wages. Our firm assists with these claims, from gathering documentation to responding when a claim is questioned or denied.

For accused drivers, the consequences go beyond fines. A conviction can affect your license, your insurance rates, and your record, and a later expungement depends on waiting periods and eligibility rules. Those long-term consequences are part of how we weigh a plea offer, a downgrade, or a trial.

Questions People Ask About Hit and Run Cases in New Jersey

What counts as a hit and run in New Jersey?

It generally means a driver involved in a collision leaves without stopping, giving required information, and, when someone is hurt, checking on them and summoning help. The seriousness of the charge increases with injury and with how the driver behaved after the crash.

Can I still get paid if the driver who hit me is never found?

Often, yes. Uninsured motorist coverage on your own auto policy, or on a household member’s policy, is designed for this. The details of your policy and any reporting conditions decide how far that coverage reaches.

How long do I have to file a claim after a hit and run?

Injury claims generally must be filed within two years of the accident. Property damage claims have a six-year window. A wrongful death claim runs two years from the date of death. If a government entity is involved, a 90-day notice of claim requirement applies, which is far shorter.

Do I need to report the crash to the police for my insurance claim to work?

Practically speaking, yes. A police report is the backbone of an uninsured motorist claim and helps preserve evidence. Report it as soon as possible, even if you initially thought the damage was minor.

What if I was partly at fault, say I stepped into the road?

New Jersey lets you recover so long as your share of fault is not greater than the other party’s, and your recovery is reduced by your percentage. A hit and run driver who flees does not erase your comparative fault, but it does not make you the main cause either.

Can a hit and run victim also seek compensation through the state?

Possibly. The Victims of Crime Compensation Office can help eligible victims with expenses like medical care and lost wages. The crime must have occurred in New Jersey, been reported to police within nine months, and the claim must be filed within five years. A conviction is not required.

I left the scene because I did not realize I had hit anything. Can I still be charged?

You can be charged, but knowledge is a real issue in these cases. The State generally has to show you knew, or reasonably should have known, that a collision occurred. A lack of awareness, supported by the facts, can be a defense worth developing.

Will a hit and run charge affect my driver’s license?

It can. Leaving the scene carries license consequences in addition to any criminal penalty, and a conviction affects your insurance as well. How severe depends on the injury involved and the specific charge.

What if the accused driver was also drinking?

That changes the case. A DWI charge carries its own penalties, which for a first offense range from fines in the hundreds of dollars to potential jail time and mandatory resource-center attendance, and those add to whatever the leaving-the-scene charge brings. Breath test refusals bring a separate license suspension, from seven to twelve months for a first refusal.

Is it worth hiring a lawyer for a hit and run with only minor damage?

If no one was hurt and the damage is small, you may handle the claim yourself. If you are the accused driver, even a minor-looking case can carry license and record consequences, so talking with a lawyer before you answer questions is wise. If you have any injury, even one that seems mild, an early consultation is worth it, since soft-tissue and head injuries often reveal themselves over days.

Can hit and run evidence still be collected days later?

Sometimes, but the window is short. Security and doorbell camera footage is often overwritten quickly, so move fast on canvassing nearby businesses and homes. Vehicle repair shops can also be a source, since a damaged car matching your description may show up for repair.

Serving Hit and Run Clients Across Monmouth, Ocean, and Middlesex Counties

Our work for hit and run victims and accused drivers is centered in Monmouth County, where we represent clients from Red Bank, Rumson, Middletown, Holmdel, and Colts Neck through Tinton Falls, Freehold, Long Branch, and Asbury Park, along with Shrewsbury and the surrounding shore communities. We also serve clients in Ocean County, including Toms River and the neighboring towns, and throughout Middlesex County. Because the firm serves the whole state, we regularly take cases from clients whose crash happened elsewhere in New Jersey but who live or work near us.

Whether the crash happened on a downtown street in Red Bank, a stretch of Route 9 through Freehold, a shopping center lot in Tinton Falls, or along the boardwalk-adjacent roads in Asbury Park and Long Branch, the same questions apply: who was there, what was recorded, and which insurance coverage can respond. We help clients on both sides of these cases find answers.

Talk With a New Jersey Hit and Run Attorney Today

The sooner you speak with a New Jersey hit and run attorney, the more evidence can be preserved, the more coverage options can be identified, and the better prepared you will be for whatever the insurance company or the prosecutor does next. Whether you were hurt by a driver who left, or you are the driver facing an accusation, Sanvenero & Cittadino, LLC will listen, explain where you stand in plain terms, and lay out the practical path forward. Call to schedule a consultation.